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Republic of the Philippines

REGIONAL TRIAL COURT
Ninth Judicial Region
Branch ____
Zamboanga City

MANUEL BAZAN, PABLO BAZAN, JR. and CIVILCASE NO. _______

HERMIE BAZAN, represented by their
Attorney-in-Fact, MANUEL BAZAN,
Plaintiffs,

- versus – - For -

SPS. ISACIO and ARLENE S. MANUEL, RECONVEYANCE AND/OR

SPS. MARIO and INOCENCIA MANUEL, RECOVERY OF OWNERSHIIP
SPS. JULPI and LINDA TAUNG, AND POSSESSION, CANCEL-
SPS. JOSE and ROSIE G. LACASTESANTOS, LATION OF TITLE, AND
And SPS. WILLIAM and SOLITA EBOL, DAMAGES.
Defendants.
x ----------------------------------------------------x

COMPLAINT

COME NOW, Plaintiffs through their undersigned counsel and to this

Honorable Court, most respectfully allege that:

1. Plaintiff MANUEL BAZAN is of legal age, Filipino citizen,

married to Sofia Tacbaya, and a resident of Block 4, Lot 10, A & W

Subdivision, Putik, Zamboanga City; while Plaintiffs PABLO BAZAN, JR. and

HERMIE BAZAN are likewise of legal age, Filipino citizens, and residents of

Tugbungan, Zamboanga City; represented herein by their brother and co-

plaintiff MANUEL BAZAN, as shown by a Special Power of Attorney executed

in his favor, machine copy of which is hereto attached as Annex “A”.

2. Defendants-Spouses ISACIO and ARLENE S. MANUEL and MARIO

and INOCENCIA MANUEL are also all of legal age, Filipino citizens, and

residents of Culianan, Zamboanga City; Defendants-Spouses JULPI and

LINDA TAUNG are likewise of legal age, Filipino citizens and residents of

Guiwan Highway Village, Guiwan, Zamboanga City; Defendants-Spouses

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JOE and ROSIE G. LACASTESANTOS are of legal age, Filipino citizens and

residents of Mercedes, Zamboanga City; while Defendants-Spouses

WILLIAM and SOLITA are also of legal age, Filipino citizens and residents of

Pilar St., Zone IV, Zamboanga City, where they may all be served with

summons and other processes of this Honorable Court.

3. Herein Plaintiffs are the grandchildren of the deceased Spouses

MANUEL BAZAN and SUSANA DE LOS SANTOS, who were among the

registered owners of that certain parcel of land located at Mercedes,

Zamboanga City, then covered by Transfer Certificate of Title No. RT-

407(4548) of the Registry of Deeds of Zamboanga City, and more particularly

described as follows:

“A parcel of land, (Lot 201 of the Cadastral plan of the Mercedes

Extension), together with the improvements existing thereon, situated
in the Municipality of Zamboanga, District of Zamboanga. Bounded
on the NE. by properties of Vicente Lacaste Santos, and Andres
Elava Santos; on the E. and SE. by the Las Mercedes River; on the
SW. by property of Basilio Rodriguez, et. al.; and on NW. by a Calle.
Area, twenty seven thousand three hundred twenty seven square
meters (27,327), more or less.”

Machine copy of said Transfer Certificate of Title No. RT-407(4548) of

the Registry of Deeds of Zamboanga City is hereto attached as Annex “B”.

4. Plaintiffs’ grandfather MANUEL BAZAN died on 20 October 1965,

while his wife and Plaintiffs’ grandmother SUSANA DE LOS SANTOS died on

24 October 1956, as shown by their respective Burial Certificates, machine

copies of which are hereto attached as Annexes “C” and “D”.

5. The registered owners of the above-described parcels of land as

indicated in the aforesaid title are the brothers and sisters of MANUEL

BAZAN, and with their respective shares thereof are as follows:

Filomena Bazan, widow – 7/10 shares;

Guillermo Bazan, married to Felicidad Gajardo Santos – 1/20 shares;

Filomena Bazan, wife of Luis Mas – 1/20 shares;

Manuel Bazan, married to Susana de los Santos- 1/20 shares;

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Esteban Bazan, married to Juana Gaite Bernardo – 1/20 shares;

Maria Bazan, single – 1/20 shares; and

Modesta Bazan, single – 1/20 shares.

6. When Guillermo Bazan who owned 1/20 shares of the above-

described parcel of land died, his share was inherited by his children, who

substituted his name in the subsequent title issued upon extrajudicial

settlement of his estate, namely, TCT No. 4926 of the Registry of Deeds of

Zamboanga City. Thus, the registered owners then appearing in said title

were as follows:

Filomena Bazan, widow – 7/10 shares;

Heirs of Guillermo Bazan, namely: Lorenzo Bazan, married to Brigida

Luna – 1/80; Primitiva Bazan, single – 1/80 share; Vidal Bazan , single
– 1/80 shares; and Alfonza Bazan, single – 1/80 shares;

Filomena Bazan, wife of Luis Mas – 1/20 shares;

Manuel Bazan, married to Susana de los Santos – 1/20 shares;

Esteban Bazan, married to Juana Gaite Bernardo – 1/20 shares;

Maria Bazan, single – 1/20 shares;

Modesta Bazan, single – 1/20;

Machine copy of TCT No. 4926 of the Registry of Deeds of

Zamboanga City is hereto attached as Annex “E”.

7. Subsequently, however, title to the subject lot, namely, TCT No. T-

2792 was issued in favor only of EUGENIO B. MAS, without the other

registered owners thereof, indicated therein, including plaintiffs’ predecessor-

in-interest, Manuel Bazan, who owned 1/20 shares thereof. Machine copy of

said TCT No. T-2792 is hereto attached as Annex “F”.

8. Succeeding transfers of the subject lot to different persons and

subdivisions thereof, caused the issuance of several titles, until at present,

the defendants appear as the registered owners as follows:

TCT No. T- 206,581 - ISACIO MANUEL, married to Arlene Salmonte,

8,624 sq. meters;

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TCT No. T-101,437 – MARIO MANUEL, married to Inocencia Manuel ,

2001 sq. meters;

TCT No. T-206,947 – JULPI J. TAUNG, married Linda Taung, 1,342 sq.

meters;

TCT No. T- 150,694 – JOSE ESPERAT LACASTESANTOS, married to

Rosie Gregorio, 987 sq. meters;

TCT No. T-133,109 – SOLITA YU EBOL, married to William Ebol, 265

sq. meters.

Machine copies of the afore-mentioned titles are hereto attached as

Annexes “G”, “H”, “I”, “J” and “K”, respectively.

9. In all these transfers, the 1/20 shares of the plaintiffs which they

acquired by inheritance from the deceased spouses Manuel Bazan and

Susana de los Santos, were included, thereby depriving herein Plaintiffs of

their 1/20 shares in the subject lot.

10. Having been deprived of their shares in the subject lot, Plaintiffs

filed a complaint against herein Defendants with the Office of the Lupong

Tagapayapa of Mercedes, Zamboanga City, where the subject property was

located so that they can recover ownership and possession of the 1/20 share

thereof which pertains to them. However, defendants failed to appear during

the conciliation proceedings therefor, prompting the Pangkat

Tagapagkasundo to issue the corresponding Certificates to File Action

against herein defendants, as shown by machine copies thereof hereto

attached as Annexes “L’, “M” and “N”.

11. The total market value of the property per Tax Declaration Nos.

050105304300, 050105302817, 050105304316, 050105302838, and

050105300611 is P781,342.20, as shown by machine copies thereof hereto

attached as Annexes “O”, “P”, “Q”, “R” and “S”, respectively.

12. Plaintiffs’ claim over the subject parcels of land constitutes only

1/20 shares thereof, or with a total market value of P39,067.11.

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13. Due to the erroneous and illegal transfer of the 1/20 shares

pertaining to herein Plaintiff to the Defendants, herein Plaintiffs have already

incurred expenses in the total amount of ONE HUNDRED THOUSAND

(P100,000.00) PESOS, Philippine Currency, in their pursuit of said property

and preventing Defendants from continuously taking possession thereof, for

which said Defendants should be jointly and severally held liable to Plaintiffs

in the aforesaid sum of P100,000.00 by way of actual and/or compensatory

damages.

14. Defendants have been illegally detaining or withholding in their

possession the 1/20 undivided share of the Plaintiffs over the subject

property, thereby depriving Plaintiffs of their ownership and possession of the

said share of the subject property. Defendants must turn over possession and

occupation of the said undivided 1/20 share of the subject property.

15. To protect the rights and interest of the Plaintiffs in the erroneous

and illegal transfer of their 1/20 share over the subject property to the

Defendants, they were compelled to engage the services of counsel for which

they obliged to pay the sum of FIFTY THOUSAND (P50,000.00) PESOS,

Philippine Currency, by way of Acceptance fee; P2,000.00 per Appearance,

P5,000.00 deposit for legal expenses and the litigation expenses to be

incurred in preparation of the case and protecting Plaintiffs’ rights; thereby

entitling them to recover the same jointly and severally from herein

Defendants.

PRAYE R

WHEREFORE, It is respectfully prayed of this Honorable Court that

after due notice and hearing, judgment be rendered as follows:

1) Ordering Defendants to reconvey to herein Plaintiffs their 1/20

undivided share over the subject property with a total market value of

P39,067.11, which was erroneously and illegally transferred in their favor;

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2) Ordering the cancellation of TCT Nos. T-206,581, T-101,437, T-

206,947, T-150,694, and T-133,109 of the Registry of Deeds of Zamboanga

City, so as to reflect the 1/20 undivided shares of herein Plaintiffs;

3) Ordering Defendants to turn over possession and occupation of the

1/20 undivided share over the subject property, to herein Plaintiffs;

4) Ordering Defendants to pay to Plaintiffs, jointly and severally, the

aforesaid sum of ONE HUNDRED THOUSAND (P100,000.00) PESOS,

Philippine Currency, by way of actual and/or compensatory damages.

5) Ordering Defendants to pay to Plaintiffs, jointly and severally the

sum of FIFTY THOUSAND (P50,000.00) PESOS, Philippine Currency, by

way of Acceptance fee;P2,000.00 per Appearance, P5,000.00 deposit for

legal expenses.

6) Ordering Defendants to pay to Plaintiffs, jointly and severally

litigation expenses incurred by Plaintiffs and costs of this suit.

Plaintiffs prays for such other reliefs as may be just and equitable in

the premises.

City of Zamboanga, Philippines, _____ August 2009

Counsel for Plaintiffs

VERIFICATION/CERTIFICATION

I, MANUEL BAZAN, of legal age, Filipino citizen, and with residence

and postal address at Tetuan, Zamboanga City, after having been duly sworn
in accordance with law depose and say, that:

1. I am one of the Plaintiffs and the attorney-in-fact of the other

plaintiffs who are my brothers in the above-entitled case;

2. I have caused the preparation of the foregoing Complaint;

3. To the best of my own personal knowledge, the facts therein alleged
are all true and correct, and based on authentic records;

4. I further certify, since I have personal knowledge hereof, that I have

not commenced any other action or proceeding involving the same issues in
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the Supreme Court, the Court of Appeals or different divisions thereof; or any
other tribunal, or agency; and that if I should thereafter learn that similar
action or proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals or any tribunal or agency, I shall undertake to promptly
inform aforesaid courts and such other tribunal or agency of that fact five (5)
days from the notice.

IN WITNESS WHEROF, I have hereunto set my hand on this ___ day

of August 2009 at Zamboanga City, Philippines.

MANUEL BAZAN
Affiant

SUBSCRIBED AND SWORN to before me on this ___ day of August

2009 at Zamboanga City, Philippines Affiant MANUEL BAZAN exhibited to
me his Community Tax Certificate No. _______________ issued on _______
2009 at Zamboanga City.

NOTARY PUBLIC

Doc. No. ____

Page No. ____
Book No. ____
Series of 20__