Republic of the Philippines

REGIONAL TRIAL COURT

Seventh Judicial Region

Plaintiffs-Intervenor,
-versus-

Plaintiff,
-versus- CIVIL CASE NO

Nullity of Deed of Absolute

Defendant. Sale with Plea for Partition,
Damages and Attorney’s
Fees
x---------------------------------------------------------------/

COMPLAINT-IN-INTERVENTION

INTERVENOR Heirs of, by counsel, unto this Honorable Court

respectfully state and pray that:

1. Plaintiffs-Intervenor namely:, all Filipinos, of legal ages, married and a

resident in the Province of Cebu, represented by of legal age,
married, and a resident of Cabulihan I, Ilihan, Toledo City, Cebu,
Philippines; And Plaintiffs-Intervenor likewise of legal ages, married
and a resident in the Province of Leyte, represented by EVELYN
_________________ of legal age, married and resident of
_____________________. Attached herewith are the Special Power
of Attorneys executed by the plaintiff-intervenors, appended as
EXHIBIT “A” and EXHIBIT “B”;

2. Herein Intervenors are the heirs of who is one of the lawful owners of
 the undivided one-half (1/2) portion of Lot No. which is the subject of
the controversy in Civil Case No.;

FAMILY TREE

3. Predecessor bore two children in the name of (all deceased).

Attached herewith are the Death Certificates of and as EXHIBIT “C”,
“D” and “E” respectively. The highlighted portion of Tertificate of
Death under Column No. 11 which specified as the deceased
informant is marked as Exhibit “C-1”;’s Death Certificate under
Column No. 14 which named as his mother is marked as EXHIBIT
“D-1”.

4. FIRST CHILD:

A. bore four (4) children in the name of is 75 years old at the present
while the last three siblings are all deceased. Attached herewith is
Elisa’s Certificate of Live Birth, hereto attached as EXHIBIT “F”,
while Death Certificates are hereto attached as EXHIBITS “G”,
“H”, and “I” respectively.

A. 1 bore two children in the named of Pacifico ____________and

Concepcion__________________. bore four (4) children in the
name of. Certificates of Live Birth from down TO are hereto
attached as EXHIBITS “J – T” respectively;

5. SECOND CHILD:

A. bore seven (7) children in the name of Their Certificates of Live

Birth and or Certificate of Marriage which named are hereto
attached as EXHIBITS “U - AA” respectively.

6. A sketch of Family Tree is likewise hereto attached as EXHIBIT “BB”

for easy reference by this Honorable Court;
 CAUSE OF ACTION:

7. together with the other seven (7) owners- predecessors namely are
adjudged as a lawful owner of the one-half (1/2) portion of Lot No.
4810 in a Decision rendered by del 20.0 Distrito on March 25, 1920,
the same is written in Spanish and hereto attach as EXHIBIT “C”.
Appended also as EXHIBIT “D” is a certified true copy of a Municipal
Index of Decree which highlighted portion mentioned as applicant in
the registration of the titling of the subject property;

8. Consequently, an Original Certificate of Title was subsequently

registered before the Land Registration Commission (now Register of
Deeds) which specifically mentioned in the first paragraph thereof
that is decreed to be one of the lawful owners of the undivided one-
half (1/2) share of Lot No. 4810, said Original Certificate of Title
No.__________ is hereto attached as EXHIBIT “E”;

9. That plaintiff in the instant civil case specifically paragraph 5 of his

complaint allegedly states, to wit:

“The surviving heirs of the above named registered

owners sold, ceded, and conveyed to the plaintiff for
valuable consideration all their shares in said
parcels of land as evidenced by Deeds of Absolute
Sale, copies thereof are attached and made an integral
part hereof and marked as Annexes “B” to “B-12”.
(Emphasis supplied)

10. That the total area covering Lot No. 4810 is _______________,
one-half of which amounts to an area of _________________.
Hence, each of the owner-predecessors are entitled to____________
which ought to be apportioned to heirs of

11. That neither nor any of her lawful heirs are made as party of all
foregoing Deeds of Absolute Sale. A careful perusal of the same
would show that neither nor all of her legal heirs signed the foregoing
Deeds of Absolute Sale.
 12. That by reason of the foregoing deeds of sale covering the
whole portion of Lot No. 4810, all the plaintiffs-intervenor were
compelled to institute this action engaging the services of a counsel
in the amount of P50, 000 as attorney’s fees to raised their legal
interest over the ____________________ allocated to PRAYER

WHERFORE, it is respectfully prayed:

1. That the plaintiffs-intervenor be allowed to intervene in the above-

entitled case to litigate their interest over the __________________ to
the whole Lot No. 4810;

2. That all transactions and performances executed by the litigants in

relation to the property-in-question, including related documents in their
possession shall be declared void;

3. That the litigants be ordered by this Honorable Court to voluntarily turn-

over the _______________undivided property to the rightful owner
who are the Intervenor in this case.

4. That if voluntary turn-over of the property or waiver of the claim by both

plaintiff and defendants is not possible, order be made against the
litigants to pay for the damages and other litigation expenses plus
attorney’s fees in favor of the Intervenor;

5. Further it is prayed that Intervenor be granted such relief found to be

consistent with law and equity.

Respectfully submitted this March 20, 2020 in

Duly Authorized Representative

Duly Authorized Representative

Assisting Counsel: