1

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
PROVINCE OF BULACAN
Branch 22

ELIZABETH MENDOZA, VICTOR

N. MENDOZA, VERONICA M. EBIAS,
VIOLETA M. ENRILE, VEVENCIO
N. MENDOZA, VIRGINIA M. DOCALLOS,
VIRGILIO MENDOZA,
Plaintiffs,

-versus- CIVIL CASE NO. 365-M-2000

For: Action for Reconveyance Annulment

of Title and Certificate/ Deed of Sales
and Damages

FLORA MENDOZA, VENANCIO

MENDOZA II, VERNON MENDOZA,
VENICE GRACE MENDOZA, ROSARY
ALDABA, SPS. PABLO TAN & ERLINA
PACUAN, SPS. CHUA CHIONG PING and
TAN SIOK HO, ANA LEE J. LEGASPI,
UNION BANK OF THE PHILIPPINES, and
THE RGISTRY OF DEEDS, MEYCAUAYAN
BRANCH, PROVINCE OF BULACAAN.
Dependants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

SECOND AMENDED COMPLAINT

COMES NOW, Plaintiffs thru the undersigned counsel, unto this.

Honorable Court, most respectfully aver:

1. Plaintiffs are of legal age, Filipino, and represented in this action by

co-plaintiff, Virginia M. Docallos, with postal address at D-168 Commonwealth
Avenue, Old Balara, Quezon City. Her authority to act as such is evidenced by
Special Power of Attorney dated December 03, 1992 executed by Elizabeth N.
Mendoza. Special Power of Attorney dated November, 1992 executed by Victor N.
Mendoza, Veronica M. Ebias and Violeta N. Enrile, Special power of Attorney
dated December 14, 1992 executed by Vevencio N. Mendoza, Special Power of
Attorney dated December 9, 1992 executed by Virgilio N. Mendoza. Copies of the
same are hereto attached as annexes “A-A-3” to form an integral part of this
Complaint;

2. Defendants Flora Mendoza, Venancio Mendoza II, Venancio

Mendoza III, Vernon Mendoza, Venice Grace Mendoza are the legal and are
compulsory heirs of late Venancio Mendoza, Jr., Flora Mendoza, being the
surviving spouse and the rest their surviving children with postal address at D-168
Road 2, Commonwealth Avenue, Quezon City, where they maybe served with
summons and other court processes of this Honorable Court; they are being sued in
compliance with the 1997 Revised Rules of Court as indispensable parties;

1
 2

3. Defendant, Rosary Aldaba, is of legal age, Filipino and with postal

address at No. 1 Grace St., Rufino Homes Sta. Isabel, Malolos, Bulacan, where she
may be served with summons and other processes of this Honorable Court;

4. Defendants, Spouses Pablo Tan and Erlinda Pacuan, are husband

and wife , both of legal age, Filipinos and with postal address at No. 18 Lilang St.,
Marulas, Valenzuela City, Metro Manila, where they may be served with summons
and other processes of this Honorable Court on indispensable parties;

5. Defendants, Spouses Chua Chiong Ping and Tan Siok Ho, are
husband and wife, both of legal age, Filipinos and with postal address at No. 65
Kitanlad St., Quezon City, where they may be served with summons and other
court processes of this Honorable Court while defendant, Registry of Deeds of
Meycauayan, Bulacan, Provice of Bulacan, Provice is being impleaded as Normal
Party;
6. That defendant, Union Bank of The Philippines is a domestic
corporation with postal address at SSS Building, Ayala Avenue corner Herrera St.,
Makati City, where they may be served with summons and other court processes of
this Honorable Court. Defendants, Union Bank of The Philippines is being
included in compliance with the 1997 Revised Rules of Court as in indispensable
party;

7. Defendant Ana Lee J. Legaspi married to Jarold P. Cruz; Aleli J.

Legaspi married to Dexter Moron and Anne Cesil J. Legaspi, are of legal age,
Filipinos with postal address at Parada, Sta. Maria, Bulacan, where they may be
served with summons and other processes of this Honorable Court;

8.During the lifetime of Plaintiff’s parents namely Venancio

Mendoza, Sr. and Victoria N. Mendoza, they are acquired a real property located in
Sta. Maria, Bulacan covered by Transfer Certificate of Title No. T-157154
containing an aggregate area of five thousand square meters more or less, with an
assessed value of P116,240.00. Copies of TCT No. 157154 and its latest tax
declaration are herewith attached and marked as Annexes “B” and “B-1”;

9. One of the children of spouses Venancio Mendoza, Sr. and

Victoria N. Mendoza in the person of Venancio Mendoza, Jr. (eldest brother of
herein plaintiffs) made it appear in a document that the former during their lifetime
or in July,1979 sold to the latter the lot covered by TCT No. 157154 by falsifying
the signatures of Venancio Mendoza, Sr. ( who died on December 14, 1984) and
Victoria N. Mendoza, Copy of the alleged deed of sale is herewith attached and
marked as Annex “C”;

10. The irregular execution of the questioned deed of sale was very
evident, revealing and obvious and the forgoing and/or falsification of their
signatures, copies of the original signatures of Victoria Mendoza ( who also died
on June 04, 1999) are herewith attached and marked as Annexes “D” and “D-1”
for comparison and scrutiny of this Honorable Court. PLEASE TAKE NOTE OF
THE SIGNATURE OVER THE PRINTED NAME VENANCIO MENDOZA.
APPARENTLY THE SIGNATURE IS VICTORIA MENDOZA. On this score
alone, the Registry of Deeds of Meycauayan, Bulacan should not have accepted
nor registered the same unless of course there are thousand reasons behind it;

2
 3

11. By virtue of this null and void sale which was allegedly executed
between and among Venancio Mendoza Sr. and Victoria Mendoza allegedly as
vendors and Venancio Mendoza, Jr. as vendee, TCT No. 157154 was cancelled
and a new one was fraudulently issued and registered in the same of Venancio
Mendoza, Jr. under TCT No. T-102685(M) on March 03, 1989. Copy of the same
in herewith attached nd marked as Annex “E”. Please take note that the deed of
sale was presented to the Registry of Deeds after ten (10) years or four (4) years
after the death of Venancio Mendoza, Sr.;

12. The subject property belongs to the conjugal partnership of then

spouses Venancio Mendoza, Sr. and Victoria Mendoza, which cannot be
transferred, conveyed or sold without their consent moreso if their signatures were
falsified;

13. Sometime on September 30, 1990, Venancio Mendoza, Jr. as new

owner sold the lot in question to Rosary Aldaba as evidenced by the deed of sale
duly signed by the former as vendor and the latter as vendee. Copy of the deed of
sale is herewith attached and marked as Annex “F”;

14. As a consequence, TCT No. 102685 (M) was cancelled and a new
one was issued and registered in the name of Rosary Aldaba on February 18, 1991
under TCT No. 131006 (M), copy of the same is herewith attached and marked as
Annex “G”;

15. Subsequently, Rosary Aldaba sold the lot to Pablo Tan and Chua
Chiong Ping as evidenced by the deed of sale dated November 13, 1991. Copy of
which is herewith attached and marked as Annex “H”;

16. In view of this latest sale TCT No. 131006 (M) was cancelled and
in lieu thereof TCT No. 141997 (M) was issued in the name of vendees Pablo Tan
and Chua Chiong Ping on November 15, 1991, copy of the same is herewith
attached and marked as Annex “I”;

17. Please take note of the dates between the contract of sale (
November 13, 1991) and registration ( November 15, 1991). The old title was
immediately cancelled and new one was issued in just two (2) days;

18. Subsequently, Pablo Tan Chua and Chiong Ping mortgaged the lot
in question in favor of the Union bank of the Philippines as can be clearly seen at
the back of TCT No. 141997 (M);

19. When Chua Chiong Ping died, the compulsory heirs executed an
extra-judicial settlement of estate in favor of Tan Siok Ho et. al., as per annotation
at the back of TCT No. 141997(M), copy of the said annotation is hereby attached
as Annex “J”;

20.That the premises-in-litis was again subsequently sold to Ana Lee J.

Legaspi married to Jarold P. Cruz; Aleli J. Legaspi married to Dexter Moron and
Anne Cesil J. Legaspi and by virtue of which TCT No. 141997 (M) was cancelled
and new one was issued in their names under TCT No. T-366270 (M), copy of
which is hereby attached as Annex “K”;

21. That these subsequent parties were not included in the original
complaint because at the time plaintiff Virginia M. Docallos went to the Office of

3
 4

the Registry of Deeds, Meycauayan, Bulacan to Xerox TCT No. 141997 (M), the
above annotations of the subsequent parties did not appear or the same was
intentionally excluded by personnel of the said office to prejudice herein plaintiffs;

22.That plaintiffs have been suspecting before hand that there is

conspiracy among the employees if the Registry of Deeds to deprive herein
plaintiffs of their property since the transfer of title from Venancio Mendoza, Jr. as
previously alleged in paragraph 8 of the original complaint;

23. Upon learning of the fraud committed by their eldest son Venancio
Mendoza, Jr., Victoria N. Mendoza (mother of herein plaintiffs) immediately
executed an affidavit of adverse claim on November 09, 1992 and submitted the
same to the Registry of Deeds of Meycauayan, Provice of Bulacan which was duly
annotated at the back of the TCT No. 141997, copy of the affidavit is herewith
attached and marked as Annex “L”;

24. Considering that Plaintiffs are owner pro indiviso of the lot in
question having acquired the same trough hereditary succession when their father
died on December 14, 1984 ( Certificate of death is herewith attached and marked
as Annex “M”) pursuant to Art. 77 of the New Civil Code, plaintiffs thru counsel
informed defendants Pablo Tan, Chua Chiong Ping and Rosary Aldaba of the
falsification and that the lot rightfully belongs to plaintiffs being the compulsory
heirs of Venancio Mendoza, Sr. and Victoria N. Mendoza, copies of the letters are
herewith attached and marked as Annex “N” and “N-1”;

25. Plaintiffs made other several oral demands for defendants to re-
convey to plaintiffs the lot in question but the latter unjustifiably refused;

26. On account of the fraudulent registration/ transfer of the lot in

question thru a null and void sale, plaintiffs are very much disturbed and continues
to suffer from sleepless nights, mental anxiety, wounded feelings and similar
injuries for fear of losing their property and for such plaintiffs are entitled to
payment of P50,000.00 from each of the defendant by way of moral damages;

27. Due to the acts of defendants, the plaintiffs were constrained to hire
the services of the undersigned counsel to protect their property rights in an agreed
amount of P100,000.00 ;

28.In order to give lesson to the defendants and to deter others, who
will be inclined or similarly minded with them, they should be ordered to pay
plaintiff the amount of P50,000.00;

PRAYER

WHEREFORE, IT IS MOST RESPECTFULLY PRAYED THAT

AFTER DUE NOTICE AND HEARING JUDGEMENT BE RENDERED IN
FAVOR OF PLAINTIFFS AND AGAINTS DEFENDANTS AS FOLLOWS:

1. ORDERING DEFENDANTS FLORA MENDOZA,

VENANCIO MENDOZA II, VERNON MENDOZA, VENICE GRACE
MENDOZA, TO RETURN THE PURCHASE PRICE AND ACCOUNT THE
FRUITS OF THE SAID AMOUNT AND IF THE SAME CANNOT BE
RETURNED FOR ANY REASON TO DECLARE THEIR FATHER’S SHARE

4
 5

ON THE LOT IN QUESTIONWHICH THEY ACQUIRED TRU SUCCESSION

IS DEEMED FORFEITED BY VIRTUE OF FRAUDULENT SALE;

2.ORDERING THE CANCELLATION AND/OR

NULLIFICATION OF TCT NO. T-366270(M) IN THE NAMES OF ANA LEE J.
LEGASPI, ANNE CESIL J. LEGASPI;

3. ORDERING ANA LEE J. LEGASPI, ALELI J. LEGASPI,

ANNE CESIL J. LEGASPI TO RECONVEY THE LOT IN QUESTION FREE
FROM LIENS AND ENCUMBRANCES IN FAVOR OF HEREIN PLAINTIFF;

4. DIRECTING THE REGISTRY OF DEEDS,

MEYCAUAYAN, BULACAN TO RESTORE TCT NO. T-157154 IN THE
NAMES OF PLAINTIFFS AS CO-OWNERS PRO INDIVISO;

5. ORDERING DEFENDANTS ROSARY ALDABA, SPS.

PABLO TAN AND ERLINDA PACUAN, SPS. CHUA CHIONG PING AND
TAN SIOK HO TO PAY PLAINTIFFS THE FOLLOWING AMOUNT;

a. P50,000.00 EACH AS MORAL DAMAGES;

b. P50,000.00 EACH AS EXEMPLARY DAMAGES;

c. P100,000.00 AS ATTORNEYS FEES;

d.P50,000.00 AS LITIGATION EXPENSES
e. COSTS OF SUIT.

OTHER RELIEFS JUST AND EQUITABLE UNDER THE PREMISES

ARE LIKEWISE PRAYED FOR.

Dasmarinas City, Cavite FOR MALOLOS, BULACAN, April12, 2013.

ATTY.HENRY F. BERIN
Counsel for the Plaintiffs

Roll No. 41652/IBP Lifetime No. 01916

MCLE Compliance No. 0003436
PTR No. 0567380/01-02-13/Dasmarinas City,Cavite
Rm. 16 2nd Floor NAVJAR Building
Don P. Campos Sr., Dasmarinas City, Cavite

VERIFICATION/CERTIFICATION

I, VIRGINIA M. DOCALLOS, of legal age, Filipino with

address at D-168 Commonwealth Avenue, Old Balara, Quezon City do hereby
state under oath;

5
 6

1. That I am one of the plaintiffs/authorized representative of the

plaintiffs in the above entitled case;

2. That I have caused the preparation of the foregoing complaint and

all the allegations therein contained are true and correct of my own knowledge and
information;

3. That I have not commenced any other action or proceeding

involving the same issue in the Supreme Court , the Court of Appeals or any other
Tribunal or Agency;

4. That to the best of my knowledge , no such action or proceeding is

pending in the Supreme Court, the Court of Appeals or any other Tribunal or
Agency;

5. That should I thereafter learn that a similar action n or proceeding

was filed or is pending before the Supreme Court, the Court of Appeals or any
other tribunal or agency, I hereby obligate myself to report within five (5) days
therefrom to the Honorable Court where the original pleading/complaint in the
above-entitled case was filed;

6. That I am hereby executing this affidavit in compliance with

Administrative Circular No. 04-94 of the Supreme Court.

Virginia M. Docallos

SUBSCRIBED AND SWORN to before me this 26th day of April 2013 at Dasmariñas City,
Cavite, affiant exhibiting to me his SSS I.D. No. 33-0671696-9.