Republic of the Philippines

REGIONAL TRIAL COURT

11th JUDICIAL REGION
Branch 55
Davao City

JOSELITO CALEM MANOLOTO,

Plaintiffs, Civil Case No.: 55885
FOR: Reformation of Documents,
-versus- Or Declaration of Nullity of
Documents; Writ of
ROSA ROSAS Preliminary Injunction with
Defendant, TRO, Attorney’s Fees and
Damages
BELINDA LABRADOR,
Intervenors.
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COMPLAINT-IN-INTERVENTION

COMES NOW, INTERVENORS, through the undersigned counsel, unto the

Honorable Court, respectfully states: That -

1. Intervenors, BELINDA LABRADOR, both are married to each other, of legal

age, Filipino are residing at No. 55 Lime St., Maginhawa Subd., Buhangin, Davao
City, Philippines, where they may be served with notices, orders and other Court
processes through undersigned counsel;

2. Plaintiffs may be served with notices and other processes of this Honorable
Court through its Counsel on record;

3. Likewise, Defendant may be served with notices and other processes of this
Honorable Court through its Counsel on record;

4. The above-mentioned Plaintiffs filed the above-entitled case against the

Defendant for Reformation of Documents, Or Declaration of Nullity of
Documents; Writ of Preliminary Injunction with TRO, Attorney’s Fees and
Damages. With the following prayers:

a. Reformation of the Memorandum of Agreement and the two Deed of

Absolute Sale with Option to Repurchase as an equitable mortgage or
to declare the document as void for lack of meeting of the minds;
xxx xxx xxx

All other reliefs just and equitable under the circumstances are
likewise prayed for.

5. The basic allegations of the Plaintiffs in the Complaint which are directly and
indirectly affects the right of the Intervenors are as follows:

a. That sometime on December 5, 2018, Plaintiff and Defendant negotiated

to free Plaintiffs’ properties from bank foreclosure wherein the parties
entered into a Deed of Absolute Sale with Option to Purchase,
Memorandum of Agreement and a Contract of Loan with Promissory Note
and Deed of Real Estate Mortgage of Parcels of Land and Improvements;
 b. On December 15, 2018, Plaintiffs were surprised when Defendant sent the
former a Demand Letter citing that they have breached the Contract of
Loan with Promissory Note and Deed of Real Estate Mortgage of Parcels
of Land and Improvements;

c. Thereafter, Defendant have represented themselves as the new owners of

the property to the tenants of Plaintiffs (Intervenors’ lessees) in Kiwi
Street, Ciudad de Esperanza Village, Buhangin, Davao City that is sitting
on the property which is the subject of the two (2) Deed of Sale with
Option to Purchase, causing confusion and prejudice.

6. The Intervenors are one of the purchasers of the rights to the units in the
Building located at Apple Street, Pag-ibig Village, Davao City. The Intervenors
purchased the same from the Plaintiff , sometime on January 1, 2019, and
thereafter on January 8, 2019 a Deed of Sale was issued, the same is attached to
the Motion to Intervene, marked as Annex “A”

7. Thereafter refused to pay the Intervenors justifying that she received notice
from the Defendant, claiming that the latter is the new owner and that the rentals
shall be remitted to them. Herein attached is a copy of the above-mentioned
notice, marked as Annex “C”;

8. Defendant, up to the present, is exercising ownership over H-Mall including the

units therein, by employing security guards to guard the premises and collecting
rents from the Lessee of the different units including from the Intervenor’s
Lessee

9. The Intervenor has a legal interest in the matter in litigation, or in the success of
the complaint, or is so situated as to be adversely affects the right of the
Intervenors considering that H-Mall are one of the properties subject to this case
and the acts of the Defendant has intercede over the right of the Intervenors;

PRAYER
WHEREFORE, in view of the foregoing, Intervenors most respectfully prays to this
Honorable Court to order the:

1. INTERVENORS has a right over the Kiwi Street, Ciudad de Esperanza Village,
Buhangin, Davao City;

2. DEFENDANTS to refrain from claiming rentals from the occupants of Apple

Street, Pag-ibig Village, Davao City.

Other relief just and equitable under the premises are likewise prayed for.

Respectfully submitted this 14th day of February 2020 at Davao City, Philippines.

ATTY. JANINE LOUISE MAE E. NENARIA

Counsel for Plaintiff
Notary Public for Davao
Notarial Commission No. 2019-09
Until December 31, 2019
Rm. 597 ABC Building, Davao City
 Roll No. 7987
PTR No. 59781198/ 2-14-23
IBP Lifetime Member 1993
MCLE No. 0091812-08-09-93

Republic of the Philippines )

Province of Davao Del Sur) S.S.
In the City of Davao……...)
X………………………………X

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, JOSELITO CALEM MANOLOTO, of legal age, after having been duly

sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my
possession;

4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency,
I undertake to report that fact within five (5) days therefrom to this Honorable Court.

Davao City, Philippines, January 5, 2020

__________________
Joselito Calem Manoloto
Affiant

SUBSCRIBED AND SWORN to before me this 5th day of January 2019 at

Davao City, Philippines affiant exhibiting to me her Passport No. 58158450 issued in
DFA Manila 2015.

Doc. No. 112;

Page No. 16;
Book No. 1;
Series of 2020.