You are on page 1of 10

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7TH JUDICIAL REGION
TALISAY CITY
Branch _________

HEIRS OF JOSE RAMA namely


NELLY N. RAMA and SUSAN
RAMA DAMO and HEIR OF
GLORIA
RAMA
OBLENDA,
DESIREE OBLENDA LAWAS ,
Plaintiffs,
--- versus ---

Civil Case No. ___________


DECLARATION OF NULLITY OF
EXTRAJUDICIAL
SETTLEMENT OF ESTATE,
CANCELLATION OF TITLE AND
DAMAGES

FELIPE RAMA, HEIRS OF


CEFERINO
RAMA
namely
EDITHA SUELA RAMA, MARIA
ANTONIA
RAMA
PATALINGHUG, DENNIS RAMA,
SHERWIN RAMA, GERALADINE
RAMA and THE REGISTER OF
DEEDS OF CEBU PROVINCE
Defendants.
x-----------------------------------x
C O M PLAI N T
PLAINTIFFS, through counsels

and before the Honorable Court,

most respectfully state that:


THE PARTIES

1) Plaintiff Nelly Nolasco Rama (Rama for brevity) is of legal age,


single, Filipino and with residence and postal address at Kalubihan Colon
St., Cebu City. Said plaintiff is one of the heirs of the late Jose Rama1;
2) Plaintiff Susan Rama-Damo (Damo for brevity) is of legal age,
married to Crisanto Damo, Filipino and with residence and postal address at
Labangon, Cebu City. Said plaintiff is one of the heirs of the late Jose
Rama2. Said plaintiff is known since her childhood as Susan Rama but is
registered in the Civil Registry in the name of Aida Rama. However, she is
using Susan Rama as her name in all her personal effects with a Joint
Affidavit of Two Disinterested Persons attesting the fact that Susan Rama
and Aida Rama is one and the same person3.
3) Plaintiff Desiree Oblenda-Lawas, (Lawas for brevity) is of legal
age, married to Steve Lawas, Filipino and with residence and postal address
at Talisay City, Cebu. Said plaintiff is one of the heirs of the late Gloria
Rama Oblenda 4; and
4) Defendant Felipe Rama (defendant Felipe for brevity) is of legal
age, married to Justina Vao, Filipino with postal address at Jesus Banos St.,
Pook Occidental, Tubigon, Bohol where he may be served with summons
and other processes of this Honorable Court.
5) Defendant Editha Suela Rama is the surviving spouse of Ceferino
Rama, Filipino, of legal age with postal address at 816 Canizarez

Attached and marked as Annex A is a copy of the Certificate of Live Birth of Nelly
Rama.
2
Attached and marked as Annex B is a copy of the Certificate of Live Birth of Aida
Rama Damo.
3
Attached and marked as Annex C is a copy of a Joint Affidavit of Two Disinterested
Persons attesting to the fact that Aida Rama Damo and Susan Rama Damo is one and
the same person.
4
Attached and marked as Annex D is a copy of the Certificate of Live Birth of Desiree
Oblenda Lawas.
1

St.,Dumlog, Talisay City, Cebu, where she may be served with summons
and other processes of this Honorable Court.
6) Defendants Editha Suela Rama, Maria Antonia Rama Patalinghug,
Dennis Rama, Sherwin Rama, and Geraladine Rama are the surviving
childrens of Ceferino Rama, all Filipinos, of legal ages with common postal
address at 816 Canizarez St.,Dumlog, Talisay City, Cebu, where they may be
served with summons and other processes of this Honorable Court.
7) Defendant Register of Deeds of Cebu Province is a government
agency which is the repository of records affecting properties and is tasked
with the registration, cancellation, and transfer of titles thereof. Defendant
Register of Deeds may be served with summons and other processes of this
Honorable Court in the Office of the Registry of Deeds of Cebu Province
located at Department of Agriculture Compound, M. Velez Street, Cebu
City, 6000 Cebu.
THE CAUSE OF ACTION
FOR ANNULMENT OF EXTRAJUDICIAL SETTLEMENT OF
ESTATE, CANCELLATION OF TRANSFER CERTIFICATE OF
TITLE
8) Plaintiffs Rama and Damo are among the six (6) childrens and legal
heirs of deceased spouses Jose Alcordo Rama 5 and Beneria Jokom Nolasco.
While plaintiff Lawas is one of the five (5) childrens and legal heirs of the
late Fermin Oblenda and Gloria Rama Oblenda6.
9) Deceased Jose Alcordo Rama and Gloria Rama Oblenda, Jesus
Rama, Bruno Rama, Ceferino Rama and defendant Felipe were the six (6)
Attached and marked as Annex E is a copy of the Certificate of Death of Jose
Alcordo Rama.
6
Attached and marked as Annex F is a copy of the Certificate of Death of Gloria
Rama Oblenda
5

siblings of the late Trinidad Rama Auld (Auld for brevity), who died on
February 16,20127, without issue and left a parcel of land covered by a
Transfer Certificate of Title No. T-151847. This parcel of land has an
aggregate area of 557 square meters and is located in Barangay Dumlog,
Talisay City, Cebu8.
9) Defendant Felipe Rama and deceased Ceferino Rama , during the
lifetime of the latter, caused the extra-judicial settlement of the intestate
estate of their deceased sister Auld on December 16,2013 and registered it
with Cebu Province Registry of Deeds, adjudicating the said estate unto
themselves9 defrauding other legal heirs of their deceased siblings of their
rightful share of the property .
10) It was sometime on July 2013, when the plaintiffs learned that
defendant Felipe and deceased Ceferino who later died in the year 2014, has
caused the preparation of the extra judicial settlement of the estate and were
processing for the Transfer Certificate of Title of the estate of their aunt
Auld. They were deceived by defendant Felipe that deceased Ceferino that
their other siblings and their successors who have already died ahead of
them were no longer entitled to any share of the estate of Auld and only they
(Felipe and Ceferino) are the only surviving heirs of their deceased sibling
Auld. Thus, on July 17, 2013, in order to protect thier rights and interest
over the subject property plaintiffs Damo and Lawas filed an Affidavit of
Adverse claim with the Office of the Register of Deeds of Cebu Province 10
which was duly annotated in the Transfer Certificate of Title T-151847 in the
name of Trinidad Rama Auld.

Attached and marked as Annex G is a copy of the Certificate of Death of Trinidad


Rama Auld
8
Attached as Annex H is a copy of Transfer Certificate of Title in the name of
Trinidad Rama Auld.
9
Attached and marked as Annex I, I-1, I-2 are the copies of the Extrajudicial
Settlement of Estate.
10
Attached and marked as Annex J is a copy of the Affidavit Adverse Claim.
7

11) On account of the Deed of Extrajudicial Settlement of Estate


executed by defendant Felipe and deceased Ceferino Deeds made with false
statements and done without the participation and consent of other legal
heirs of the late Auld, defendant Felipe and deceased Ceferino successfully
caused the cancellation of Auld Transfer Certificate of Title11.
12) Accordingly, a new Transfer Certificate of Title (TCT) No. 102201400135112 in the name of defendant Felipe Rama and deceased Ceferino
Rama declared under Tax Declaration No. 0700070889413 with a market
value of Php 545,860.00 and assessed value of Php 43,670.00 was issued.
13) These factual events fraudulently dispossessed the plaintiffs of
their rightful shares in the property left by their deceased Aunt which their
deceased parents were entitled thereto as legal heirs.
THE CAUSE OF ACTION
FOR DAMAGES
14) In order to protect their rights and interest over the parcel of land
covered by Transfer Certificate of Title No. 102-2014001351, plaintiffs were
compelled to litigate and incur expenses thereby entitling them to the award
of attorneys fees in the amount of Php 40,000.00 and Php 2,500 per
appearance ;
15) Due to the fraudulent acts committed by defendants plaintiffs are
continuously suffering from mental anguish, fright, serious anxiety, moral
shock and similar injuries thereby warranting the individual award of moral
damages in the sum of Php100,000.00, from defendants, in solidum;
Attached and marked as Annex K, K-1,K-2,K-3,K-4 are the copies of the cancelled
Transfer Certificate of Title of Trinidad Rama Auld.
12
Attached and marked as Annex L, L-1,L-2, are the copies of the new Transfer
Certificate of Title in favor of Felipe Rama and Ceferino Rama.
13
Attached and marked as Annex M is a copy of the Tax Declaration No.
07000708894.
11

16) For the vindication of the rights of plaintiffs over the parcel of
land covered by Transfer Certificate of Title No. 102-2014001351 that was
fraudulently acquired in its entirety by defendants, plaintiffs are entitled to
receive from defendants, joint and several, nominal damages in the amount
of Php50,000.00 under Articles 2221 and 2222 of the Civil Code;
21) In order to discourage those who are similarly bent from doing
such detestable act of defendants and in order to set an example for the
public good, defendants should be adjudged, solidarily, to pay to plaintiffs
the amount of Php100,000.00 as and for exemplary damages.
THE RELIEFS
WHEREFORE, premises considered, it is most respectfully prayed
from this Honorable Court that, after due notice and hearing, judgment be
rendered as follows:
1) ORDERING the Deed of Extrajudicial Settlement of Estate NULL
and VOID;
2) ORDERING the cancellation of Transfer Certificates of Title Nos.
102-2014001351 for being NULL and VOID;
3) REINSTATING Transfer Certificates of Title No. T-151847;
4) ORDERING DEFENDANTS to convey ownership and possession
of the subject property to plaintiffs subject to a just and equitable partition
thereof by and between all interested parties ;
5) ORDERING defendants to jointly and severally pay plaintiffs:
6

a) Php 40,000.00, P2,500 per appearance as and for


attorneys fees;
b) Php100,000.00 as moral damages;
c) Php50,000.00 as nominal damages;
d) Php100,000.00 as exemplary damages; and
e) Php20,000 as Cost of suit.
Plaintiffs pray for such other reliefs and remedies that are just and
equitable under the premises.
Cebu City, Philippines. September 24, 2015.
RESPECTFULLY SUBMITTED.
LOON CORPUZ PATIO AND ASSOCIATES
(Counsel of the Accused)
G/F GMC Plaza Bldg. Legaspi Extension
corner M.J Cuenco St, Cebu City, Philippines
Tel No. (032) 254-0453
By:
JURIL B. PATIO
Roll of Attorney No. 63966 April 27,2015
PTR OR No. 707854 5-06-15
IBP OR No. 0997508 4-27-15 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: juril.patino@yahoo.co
7

HABEAS CORPUZ
Roll of Attorney No. 62850 May 06,2014
PTR OR No. 599058 January 07,2015 Cebu City
IBP OR No. 966627 January 7,2015 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: writofhabeascorpuz@gmail.com

VERIFICATION AND CERTIFICATION


AGAINST FORUM SHOPPING
We, Nelly Nolasco Rama, of legal age, single, Filipino and with
residence and postal address at Kalubihan Colon St., Cebu City,Susan
Rama-Damo,, is of legal age, married, Filipino and with residence and
postal address at Labangon, Cebu City, and Desiree Oblenda-Lawas of
legal age, married,Filipino and with residence and postal address at Talisay
City, Cebu. after being sworn to in accordance with law, do hereby deposes
and states :
1.

That we are the petitioners in the above-captioned case ;

2.

That we have caused the preparation and filing of this case ;

3.
That we have read the contents thereof and that the same are
true and correct to the best of our personal knowledge or based on
authentic records ;
4.

That we further states :

a.
That we have not theretofore commenced any action of
any claim involving the same issues in any court, tribunal, or quasijudicial agency and to the best of my knowledge, no such other action or
claim is pending therein ;
b.
If there is such other pending action or claim, a
complete statement of the present status thereof ; and
c.
If we should thereafter learn that the same or similar
action or claim has been filed or is pending, we shall report the fact within
five (5) days therefrom to the court wherein our aforesaid complaint or
initiatory pleading has been filed.
IN WITNESS WHEREOF, we have hereunto set my hand this ___ th of
_________ 2015 at Cebu City, Philippines.
NELLY NOLASCO RAMA
SUSAN RAMA-DAMO
9

DESIREE OBLENDA-LAWAS
Affiants

SUBSCRIBED AND SWORN to before me this ______________


in Cebu City, Philippines, by :
Name :

ID No.

Place/Date Issued

Nelly Nolasco Rama


Susan Rama-Damo
Desiree Oblenda-Lawas
who have satisfactorily proven their identity to me through their respective
competent evidence of identification who are the same persons who
personally signed before me the foregoing Verification and Certification
Against Forum Shopping and acknowledge that they executed the same.

Doc. No. _____


Page No. _____
Book No. _____
Series of 2014.

10