Republic of the Philippines

REGIONAL TRIAL COURT

7TH Judicial Region
Branch 77
Carcar City, Cebu

ALEJANDRA CAVAN GENERALE,

represented by MAMERTO ENCABO GENERALE
Plaintiffs,

-versus- CIVIL CASE NO. ____________

FOR: DECLARATION OF DEED OF
ABSOLUTE SALE, NULLITY OF DEED OF
ADJUDICATION NULLITY OF TAX
DECLARATIONS AND RECONVEYANCE.

SPS. PABLO C. UMBAY and BELDEN C.

UMBAY, SPS. ANN MARIE U. BRESSON AND
RAYMOND ANTHONY BRESSON, SPS. VINCENT
ANTHONY UMBAY AND JOANNE A. UMBAY
Defendants,

ANNETTE VERO, in her capacity as the

OIC - Provincial Assessor of Cebu Province.
Public Respondent,
x--------------------------------------------------------------x

COMPLAINT
COMES NOW, the protester, through undersigned counsel, and unto
this Honorable Court, most respectfully and humbly avers:

1) That Plaintiff, is a Filipino, of legal age, widow, and a resident of

Magsaysay, Davao Del Sur, duly represented by MAMERTO
ENCABO GENERALE by virtue of a Special Power of Attorney,
hereto attached as Annex “A” and made an integral part hereof;

2. Defendants, SPS. PABLO C. UMBAY and BELDEN C. UMBAY,

SPS. ANN MARIE U. BRESSON AND RAYMOND ANTHONY
BRESSON, SPS. VINCENT ANTHONY UMBAY AND JOANNE A.
UMBAY are all Filipino citizens, of legal ages and residents of
 Barangay Pitalo, San Fernando, Cebu where they can be served with
summons and other court processes of this Honorable Court;

3. Public Respondents, ANNETTE VERO, is hereby impleaded in her

capacity as the Provincial Assessor of Cebu Province, is likewise
Filipino, of legal age, and can be serve with summons and other court
processes of this Honorable Court at her public office located at the
Provincial Assessor’s Office, Capitol Bldg., Capitol Site, Cebu City;

4) The subject matter of this case are the following:

a) LOT NO. 8983, CAD. 463-D, currently declared under the name
of Sps. Pablo C. Umbay and Belden C. Umbay, situated at
Pitalo, San Fernando, Cebu, and covered by Tax Declaration No.
21457. A copy of the said Tax Declaration No. 21457 is hereby
attached as Annex “B”;

b) Deed of Adjudciation dated September 29, 2015, registered in the

Notarial Register of Atty. Edward Adlawan under Doc. No. 328,
Page No. 66, Book No. 49 and Series of 2015. A copy of the said
Deed of Adjudciation is hereby attached as Annex “C” and made
an integral part hereof;

c) Deed of Absolute Sale registered in the Notarial Register of Atty.

Roldan Mangubat, under Doc. No. 204, Page No. 60, Book No. 70
and Series of 1990. A copy of the Deed of Absolute Sale is hereby
attached as Annex “D”;

5) Complainant seeks for the Cancellation and Declaration of Nullity

of the following:

a) Tax Declaration No. 21457 declared under the name of defendants,

SPS. PABLO C. UMBAY and BELDEN C. UMBAY;

b) Tax Declaration No. 16905-A declared under the name of

defendants, SPS. ANN MARIE U. BRESSON AND RAYMOND
ANTHONY BRESSON, SPS. VINCENT ANTHONY UMBAY
AND JOANNE A. UMBAY;

c) Deed of Adjudciation dated September 29, 2015, registered in the

Notarial Register of Atty. Edward Adlawan under Doc. No. 328,
Page No. 66, Book No. 49 and Series of 2015;

d) Deed of Absolute Sale registered in the Notarial Register of Atty.

Roldan Mangubat, under Doc. No. 204, Page No. 60, Book No. 70
and Series of 1990;
 6) Likewise, complainants seek to recover and to re-convey the
ownership of LOT NO. 8983, CAD. 463-D with an area of 13,134 square
meters, covered by Tax Declaration No. 21457 unto her name;
7) That the plaintiff and his husband, the late Teodoro Generale, are
the rightful owners of LOT NO. 8983, CAD. 463-D. The subject lot
was previously declared in their name under Tax Declaration No.
09277. Copy of Tax Declaration No. 09277 is hereby attached as
Annex “E” and made an integral part hereof;

8) That recently, plaintiff had come to know that sometime in

September 29, 2015, Defendants SPS. ANN MARIE U. BRESSON
AND RAYMOND ANTHONY BRESSON, SPS. VINCENT
ANTHONY UMBAY AND JOANNE A. UMBAY executed a Deed of
Adjudication alleging that they are the Heirs of Teodoro Generale and
Alejandra Cavan;

9) That the Deed of Adjudication is a falsified document as the

plaintiff is still alive being the owner of the lot. The plaintiff was
declared by SPS. ANN MARIE U. BRESSON AND RAYMOND
ANTHONY BRESSON, SPS. VINCENT ANTHONY UMBAY AND
JOANNE A. UMBAY as being dead wherein truth and in fact she is
very much alive. Moreover, they are not the heirs of Teodoro
Generale based on their claim as they are not relatives by
consanguinity or affinity;

10) That plaintiff had come to know that based on the records of the
DENR, CENRO Argao, Cebu, a certain ANA MARIE U. BRESSON
had filed a Free Patent Application on LOT NO. 8983, CAD. 463-
D, under FPA No. 0722431-2042;

11) That the plaintiff immediately signify her objection to the Free
Patent Application on LOT NO. 8983, CAD. 463-D, under FPA
No. 0722431-2042 as she is the owner of the above –mentioned parcel
of land subject of the Free patent Application;

12) That upon knowing that the tax declaration of the subject lot
was transferred in the name of SPS. ANN MARIE U. BRESSON
AND RAYMOND ANTHONY BRESSON, SPS. VINCENT
ANTHONY UMBAY AND JOANNE A. UMBAY, the plaintiff
through her attorney-in-fact immediately executed an Affidavit Of
Adverse Claim on the Free Patent Application of ANA MARIE U.
BRESSON, claiming that the latter is not the owner of the
aforesaid subject lot;

13) That the DENR, CENRO Argao, Cebu, took cognizance of our
protest and it still pending for resolution by their good office;
 14) That after plaintiff made a protest, she was surprised to find out
that the subject lot was reverted by the Provincial Assessor’s
Office unto her name under tax Declaration No. 21437 and was
simultaneously cancelled and declared under the name of
defendants SPS. PABLO C. UMBAY and BELDEN C. UMBAY.
Copy of Tax Declaration No. 21437 is hereby attached as Annex
“F” and made an integral part hereof;

15) That the reverting of the subject lot was made through a letter
request only and not through a court order which is not valid and
not conforming to the procedure. The Office of the Provincial
Assessor had made an error in reverting the property through a
letter request;

16) That the simultaneous cancellation of the said tax declaration

and the declaration of the subject lot under the current owner was
made through a letter request and Deed of Absolute Sale;

17) That the Deed of Absolute Sale is invalid as plaintiff an her late
husband had never executed the said document in favor of SPS.
PABLO C. UMBAY and BELDEN C. UMBAY and that the Deed
of Sale was executed long time ago;

18) The plaintiff could only surmise that defendants uses the Deed
of Sale inorder for them to find a way out from the criminal and
civil consequences when they adjudicate the subject lot under their
name using the falsified Deed of Adjudication;

19) That plaintiff had come to know that the defendants are dealing
the subject lot to different prospect buyers to her prejudice being
the rightful owner;

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court, to

render decision or judgment in favor of plaintiffs by:

1) Declaring Tax Declaration No. 21457 declared under the name of

defendants, SPS. PABLO C. UMBAY and BELDEN C. UMBAY
as NULL and VOID;

2) Declaring the Tax Declaration No. 16905-A declared under the

name of defendants, SPS. ANN MARIE U. BRESSON AND
RAYMOND ANTHONY BRESSON, SPS. VINCENT
ANTHONY UMBAY AND JOANNE A. UMBAY as NULL and
VOID;
 3) Declaring the Deed of Adjudciation dated September 29, 2015,
registered in the Notarial Register of Atty. Edward Adlawan under
Doc. No. 328, Page No. 66, Book No. 49 and Series of 2015as
NULL and VOID;

4) Declaring the Deed of Absolute Sale registered in the Notarial

Register of Atty. Roldan Mangubat, under Doc. No. 204, Page No.
60, Book No. 70 and Series of 1990as NULL and VOID;

5) Ordering the Provincial Assessor’s office to Reconvey the

ownership of LOT NO. 8983, CAD. 463-D from the defendants
to the plaintiff;

6) Ordering the defendants to pay plaintiff jointly and severally the

following:

a) Attorney’s Fees ----------- P 20,000.00

b) Moral Damages ---------- P 50,000.00
TOTAL: P 70,000.00

7) Giving plaintiffs such reliefs and remedies as may be deemed just,

proper and equitable under the premises.

Respectfully submitted, March 20, 2019 at City of Naga, Cebu,

Philippines.

DAVIDE & SUSUSCO LAW OFFICE

COUNSEL FOR THE PLAINTIFF
Central Poblacion, City of Naga
Beside UCPB Bank
By:

ATTY. GIOVANNI D. SUSUSCO

IBP Cebu City No. 023763 on 1-03-2018
PTR No. 3018163/ 2-07-2018/ Cebu Province
Roll of Attorneys No. 53097
Admitted to the Bar on April 26, 2007
MCLE COMPLIANCE NO. V-0008256
MCLE COMPLIANCE NO. VI-0027317
 VERIFICATION

I, MAMERTO ENCABO GENERALE representing ALEJANDRA

CAVAN GENERALE, Filipino, of legal age, and a resident of North
Poblacion, San Fernando, Cebu, Philippines, after having been duly
sworn in accordance with the law, hereby depose and state:

1. That I am the representative of the plaintiff in the above entitled

case and I have caused the preparation of the foregoing complaint;

2. That I have read and understood all the contents thereof and the
same are true and correct to the best of my knowledge and belief based on
authentic records;

3. That based on my personal knowledge, I have not commenced

any other action or proceeding involving the same subject matter raised in
this case in the Supreme Court, Court of Appeals, or any Division thereof, or
any other tribunal or agency; and to the best of our knowledge, no such
action is pending with the Supreme Court, Court of Appeals or any Division
thereof, or any other tribunal or agency; should we thereafter learn that a
similar action of proceeding has been filed or is pending before the Supreme
Court, Court of Appeals, or any Division thereof, or any other tribunal or
agency, I undertake to promptly inform this Honorable Court or any of the
aforesaid courts, such other tribunal or agency of this fact within five (5)
days therefrom.

IN WITNESS WHEREOF, I have hereunto set our hand this _____

day of __________ 2019 at Naga City, Cebu, Philippines.

________________________________
MAMERTO ENCABO GENERALE
Affiant

SUBSCRIBED AND SWORN to before me this ______day of

___________2019 at Naga City, Cebu, Philippines.

Doc. No. ___

Page No. ___
Book No. ___
Series of 2019