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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 226, QUEZON CITY

TONY CHUA married to SIOK LU


CHUA, SITUS DEVELOPMENT
CORPORATION, AND COLOR
LITHOGRAPHIC PRESS, INC.
Plaintiffs,

-versus- CIVIL CASE NO. R-QZN-13-05408

ALLIED BANKING CORPORATION


(NOW PHILIPPINE NATIONAL
BANK), and necessary parties, THE
CLERK OF COURT & EX-OFFICIO
SHERIFF, RTC, Quezon City, and the
REGISTER OF DEEDS, Quezon City,
Defendants.
x-------------------------------------------------x

SUPPLEMENTAL COMPLAINT

PLAINTIFFS, through the undersigned collaborating counsel, to


this Honorable Court, by way of supplement to the Complaint filed on
November 28, 2013, respectfully state that:

1. Plaintiffs adopt the allegations and causes of action


contained in their Complaint filed on November 28, 2013.

2. By way of supplement to the complaint, plaintiffs aver the


following supplemental facts and causes of action, namely:

SUPPLEMENTAL ALLEGATION OF FACTS

2.1. On November 28, 2013, the plaintiffs filed the instant action
for judicial redemption and damages against Allied Banking
Corporation, which is now the Philippine National Bank (PNB).

2.2. The instant case was instituted by the plaintiffs to compel


the defendant Allied Banking Corporation to allow the plaintiffs to

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redeem the foreclosed subject properties after the Court shall have
ascertained the proper amount of their loan obligation.

2.3. The plaintiffs filed the instant case on November 28, 2013
or six (6) days after the Decision of the Supreme Court dated July 25,
2012 became final and Executory on November 22, 2013.

2.4. The said Decision of the Supreme Court affirmed the


Decision of the Court of Appeals which lifted the Stay Order issued by
the Regional Trial Court of Quezon City.

2.5. Meanwhile, without the knowledge of the plaintiffs, On


November 5, 2013, Philippine National Bank prematurely consolidated
its ownership over the subject properties even before the finality of the
judgment of the Honorable Supreme Court.

2.6. Unfortunately, the said premature consolidation by PNB


was discovered by the plaintiffs only after the filing of the instant case.

2.7. In view of the premature consolidation by PNB of its


ownership over the subject properties, the Register of Deeds of
Quezon City cancelled TCT No. RT-13621 (247562) and TCT No. RT-
13620 (247561) and new Transfer Certificate of Titles were issued
under the name of Philippine National Bank, particularly TCT No. 004-
2016005519 and TCT No. 0042016005520. Copies of cancelled TCT
No. RT-1362 and TCT No. RT-13620 are hereto attached as Annexes
A and A-1, respectively, while copies of TCT No. 004-
2016005519 and TCT No. RT-13620 are hereto attached as Annexes
A-2 and A-3, respectively.

2.8. In addition, by prematurely consolidating its title over the


subject properties, PNB clearly violated and deliberately disregarded
the right of the plaintiffs to redeem the subject properties which was
provided under the law.

2.9. Moreover, despite the fact that PNBs consolidation of its


ownership over the subject properties was illegal and premature, it sent
letters to the plaintiff demanding and harassing the latter and its
tenants to vacate the subject properties. Copies of the Notice and/or
Demands to Vacate are attached to the Motion as Annexes B to B-
2.

2.10. The unlawful acts of PNB clearly manifests its intention to


gain possession of the subject properties for the purpose of selling

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such properties to unsuspecting third parties despite the pendency of
the instant case.

2.11. Inasmuch as the consolidation by PNB of its title over the


subject properties was premature, illegal, and void, PNB,
consequently, has no right to obtain possession over the said
properties or to do any act which affects such properties. Any act of
PNB involving the subject properties would cause grave and
irreparable injury to the plaintiffs as they are still entitled to exercise
their right of redemption under the law.

2.12. In view of the foregoing, there is an absolute necessity for


this Honorable Court to immediately issue a Temporary Restraining
Order and/or Writ of Preliminary Injunction directing the defendant PNB
to refrain from performing any act the objective of which is to gain
possession of the subject properties and/or sell the same to any third
party, or any other act which involves the subject properties, until the
merits of the instant case can be heard.

FIRST SUPPLEMENTAL CAUSE OF ACTION

3. The act of PNB in consolidating its title over the subject


properties are clearly premature because plaintiffs are still entitled to
redeem the subject properties. Hence, the consolidation made by PNB
must be declared null and void for being premature and lacking any
legal basis.

SECOND SUPPLEMENTAL CAUSE OF ACTION

4. Secondly, inasmuch as the consolidation of title made by


PNB was premature, baseless and, therefore, null and void, the new
Transfer Certificates of Title, particularly TCT No. 004-2016005519
and TCT No. 004-2016005520 registered under the name of Philippine
National Bank, must also be declared Null and Void for having been
issued pursuant to an invalid and unlawful act, i.e., premature Affidavit
of Consolidation.

THIRD SUPPLEMENTAL CAUSE OF ACTION

5. Finally, considering that TCT No. 004-2016005519 and


TCT No. 004-2016005520 are null and void, the Register of Deeds of
Quezon City must be directed to reinstate TCT Nos.TCT No. RT-13621
(247562) and TCT No. RT-13620 (247561).

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PRAYER

WHEREFORE premises considered, it is respectfully prayed of


this Honorable Court that this instant Supplemental Complaint be
admitted and taken together with the original complaint and after
proper proceedings, a Temporary Restraining Order and/or Writ of
Preliminary Injunction be issued against the defendant PNB, directing
the latter to refrain from taking any action to obtain possession of the
subject properties and after trial on the merits or other proper
proceedings that judgment be rendered in favor of plaintiffs and
against the defendants, declaring, in addition to the reliefs prayed for
in the original complaint, that:

a) The Affidavit of Consolidation executed by Philippine


National Bank be declared null and void;

b) TCT No. 004-2016005519 and TCT No. 004-2016005520


issued in favor of Philippine National Bank by virtue of the void
consolidation be declared also as Null and Void;

c) TCT No. RT-13621 (247562) and TCT No. RT-13620


(247561) be reinstated.

Plaintiffs likewise pray for such other reliefs as may be deemed


just and equitable under the premises.

Quezon City, October 20, 2017.

CHAN AND SIA LAW OFFICE


Collaborating Counsel for the Plaintiffs
Suite 101, Senor Ivan de Palacio Building
No. 139 Malakas Street, Brgy. Central, Diliman, Quezon City

By:

JON MARI Z. SIA


PTR No. 4750327, June 7, 2017, Q.C.
IBP Lifetime Roll No. 016973
SC Roll No. 70074
MCLE Compliance: Admitted to Bar on June 2, 2017

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VERIFICATION AND CERTIFICATE OF
NON-FORUM SHOPPING

WE, TONY CHUA, married to SIOK LU CHUA, SITUS


DEVELOPMENT CORPORATION and COLOR LITOGRAPHIC
PRESS, INC., thru their authorized representative STUART CHUA,
pursuant to SPECIAL POWER OF ATTORNEY executed by TONY
CHUA and SIOK LU CHUA, Board Resolutions of SITUS
DEVELOPMENT CORPORATION and Secretarys Certificate of
COLOR LITOGRAPHIC PRESS, INC., which were already attached to
the Motion, after having been duly sworn to in accordance with law,
hereby depose and say that:

1. We are the PLAINTIFFS in the above-entitled case;

2. We have caused the preparation of the foregoing


SUPPLEMENTAL-COMPLAINT by our retained Collaborating
Counsel based on facts and authentic documents furnished him;

3. We further certify that Petitioner initially filed a Petition


docketed as SEC Corp. Case No. Q-02-010 but the same has already
been dismissed, and thereafter Plaintiffs has not commenced any
other action or proceeding involving the same issue, in the Supreme
Court, Court of Appeals or other tribunal or agency and if it ever comes
to our knowledge that a similar action has been filed before the
Supreme Court, Court of Appeals or other tribunals or agency, we
hereby undertake to inform this Honorable Court of such fact within five
(5) days therefrom;

4. We have read and understood each and every allegation


contained therein and that the same are all true and correct of our own
personal knowledge or based on authentic records.

Quezon City, October 20, 2017.

STUART CHUA
Affiant-Movant
As authorized representative of Plaintiffs
TONY CHUA, married to SIOK LU CHUA, SITUS DEVELOPMENT
CORPORATION and COLOR LITOGRAPHIC PRESS, INC.

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SUBSCRIBED AND SWORN to before me this 20th day of
October 2017 at Quezon City, affiants exhibited to me his Passport No.
EC 6891891 issued on March 3, 2016 by DFA Manila to expire on
March 16, 2021.

Doc. No. ________;


Page No. ________;
Book No. _______;
Series of 2017.

Copy furnished by PERSONAL DELIVERY:

CRUZ ENVERGA & LUCERO


Counsel for the Defendant PNB
25th Floor, Cityland 10, Tower I
6815 Ayala Avenue North, Makati City

Register of Deeds
Quezon City

The Clerk of Court & Ex-Officio Sheriff


Regional Trial Court
Quezon City

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