Republic of the Philippines

ND
2 MUNICIPAL CIRCUIT TRIAL COURT
10th Judicial Region
TUBAY-SANTIAGO
Doña Rosario, Tubay, Agusan del Norte

FRANCISCO B. PALO, ________________________________

Plaintiff,
For: ANNULMENT OF TITLE
AND DAMAGES
- versus –

LYDIA M. PALO,

THE REGISTRAR OF DEEDS

FOR THE PROVINCE OF
AGUSAN DEL NORTE,

and

THE PROVINCIAL
ENVIRONMENT AND
NATURAL RESOURCES
OFFICER (PENRO) FOR THE
PROVINCE OF AGUSAN DEL
NORTE,
Defendants.
x--------------------x

COMPLAINT
PLAINTIFF, through the undersigned counsel from the Public Attorney’s
Office and to this Honorable Court, most respectfully avers THAT –

1. Plaintiff FRANCISCO B. PALO, is of legal age, widower and a

resident of Purok 8, Barangay Tagbuyacan, Santiago, Agusan
del Norte where he may be served with notice and other processes
from the Honorable Court;

2. Defendant LYDIA M. PALO is of legal age and resident of Purok

8, Barangay Tagbuyacan, Santiago, Agusan del Norte where
summons and other processes from the Honorable Court may be
served. She is the daughter of herein plaintiff;

3. Public defendant REGISTRAR OF DEEDS FOR THE PROVINCE

OF AGUSAN DEL NORTE is here to impleaded as custodian and
 keeper of the Certificate of Title in issue. Summons and other
processes from the Honorable Court may be served in the latter’s
office at J. Rosales Street, Butuan City;

4. Public defendant PROVINCIAL ENVIRONMENT AND

NATURAL RESOURCES OFFICER (PENRO) FOR THE
PROVINCE OF AGUSAN DEL NORTE is here to impleaded as
the officer who issued the Certificate of Title in issue. Summons
and other processes from the Honorable Court may be served in
the latter’s office at F. Durano Street, Butuan City;

PREMISES GIVEN, plaintiff further avers THAT –

5. Plaintiff and his son-in-law Alberto Leop were tenants to a parcel

of land situated in Barangay Tagbuyacan, Santiago, Agusan del
Norte owned by Arturo Nicanor, Carmen Isabel, Manuel
Ramon, Maria Lutgarda, Maria Rosario, Maria Carolina,
Maria Veronica, Ana Maria, Louis Anthony, Elizabeth Marie
and Benjamin Edmund, all surnamed RAMIREZ;

6. By way of severance to their occupancy and compensation for

their service, Benjamin Edmund T. Ramirez, armed with a Special
Power of Attorney from his siblings, executed a Deed of
Relinquishment and Waiver of Rights on October 19, 1994 in
favor of plaintiff Francisco Palo and Alberto Leop giving to them a
FIVE THOUSAND ONE HUNDRED NINETY THREE (5,193)
square meter portion of their tenanted land. For this reason,
separate Tax Declaration was issued in the name of Francisco
Palo and Alberto Leop. A copy thereof is hereto attached as
ANNEX “A” indicating among others that the assessed value of
ELEVEN THOUSAND FOUR HUNDRED EIGHTY PESOS
(P11,480.00) is well within the jurisdiction of the Honorable
Court. For a time, both Francisco Palo and Alberto Leop resided
on the same portion of lot ceded to them by the Ramirezs’;

7. The new co-ownership created a stir between plaintiff Francisco

Palo and his son-in-law Alberto Leop because the former would
not recognize that the latter is a co-tenant. Francisco believed
that the Deed of Relinquishment and Waiver of Rights executed by
Benjamin Edmund T. Ramirez on October 19, 1994 should have
been solely in his favor;

8. In order to buy peace with his father-in-law, Alberto Leop executed

a Deed of Partition with Absolute Sale in favor of Francisco Palo
on November 4, 2000 conveying to the latter his one-half share to
 the property. This is shown by copy of the instrument hereto
attached as ANNEX “B”. Thereafter, Alberto Leop transferred
residence to Purok 6, Barangay Tagbuyacan, Santiago, Agusan del
Norte where he remained a resident until the present;

9. To cement his sole ownership to the property, Francisco Palo

instructed his daughter Lydia Palo to have the property titled as
soon as possible because according to him, Alberto Leop is shrewd
and may one day come back and lay claim to half of the property.
Trusting his daughter to take care of the property titling for him,
plaintiff rested and felt already secured;

10. In 2011, Lydia M. Palo applied for title over the property. It
appeared however that the entire Lot No. 846, Cad-1004-D was
placed to ARTURO NICANOR RAMIREZ as survey claimant.
However way she did it, Lydia M. Palo managed to secure from
ARTURO NICANOR RAMIREZ an Affidavit of Waiver of
Rights dated and notarized July 19, 2011. In this document,
ARTURO NICANOR RAMIREZ gave FIVE THOUSAND (5,000)
square meters to Lydia M. Palo while the remainder of Lot No.
846, Cad-1004-D was given to GEORGE BARON. This
notwithstanding that as of this date, Tax Declaration No. 155-A
in the name of FRANCISCO PALO and ALBERTO LEOP already
existed covering FIVE THOUSAND ONE HUNDRED NINETY
THREE (5,193) square meters of the same lot;

11. Truly and by her own machinations, Lydia M. Palo succeeded in

obtaining title over the FIVE THOUSAND (5,000) square meter
portion by making it appear that Alberto Leop and Francisco Palo
sold to her their FIVE THOUSAND ONE HUNDRED NINETY
THREE (5,193) square meter lot. All along, the FIVE
THOUSAND (5,000) square meter portion given to Lydia M.
Palo by way of the Affidavit of Waiver of Rights dated and
notarized July 19, 2011 executed by ARTURO NICANOR
RAMIREZ and the FIVE THOUSAND ONE HUNDRED NINETY
THREE (5,193) square meters given to Alberto Leop and
Francisco Palo by way of the Deed of Relinquishment and
Waiver of Rights dated October 19, 1994 executed by Benjamin
Edmund T. Ramirez pertain to one and the same area effectively
depriving Francisco Palo of what ought to be his 5,193 or 5,000
square meter lot. A copy of KATIBAYAN NG ORIHINAL NA
TITULO BLG. P-21818 issued to Lydia M. Palo on May 6, 2013 is
hereto attached as ANNEX “C” indicating that Lot No. 846-A,
Csd-13-005399-D=3693, Cad-1004-D is more particularly described
as follows:
 “A parcel of land (Lot No. 846-A, Csd-13-005399-
D=3693, Cad-1004-D), situated in Tagbuyacan,
Santiago, Agusan del Norte. Bounded on the N.,
along line 1, 2 by Lot 834, Cad-1004-D; Along line 2, 3
by Lot 833, Cad-1004-D; on the E., along line 3, 4 by
Lot 846-B Along line 4,5 by Lot 846-C,; on the S.,
along line 5, 6 by Lot 846-D and W., along line 6, 1 by
National Highway all of Csd-13-005399-D; containing
an area of FIVE THOUSAND (5,000) SQUARE
METERS.”

For purposes of further determining jurisdiction, LOT NO. 846-A

covered by KATIBAYAN NG ORIHINAL NA TITULO BILANG P-
21818 is likewise covered by TAX DECLARATION NO. 13-09-
0008-00360 for 2014 copy of which is hereto attached as ANNEX
“D”. The latter document would show that it has an ASSESSED
VALUE of TEN THOUSAND FIVE HUNDRED TEN PESOS
(P10,510) which value is well within the jurisdiction of the
Honorable Court;

12. Lydia M. Palo was not in her own name and capacity entitled to
secure title over the property. Instead she banked on the purported
sale executed by Francisco Palo and Alberto Leop in 2009 which
document she used in her Free Patent Application. In truth,
neither Francisco Palo nor Alberto Leop executed any such
document in Lydia M. Palo’s favor. Collectively attached herewith
as ANNEX “E” is a copy of the Free Patent Application with
attachments filed by Lydia M. Palo on September 5, 2011;

13. By reason of the issuance of KATIBAYAN NG ORIHINAL NA

TITULO BLG. P-21818 to Lydia M. Palo, plaintiff is prejudiced in
his right as the real and sole owner of Lot No. 846-A, Csd-13-
005399-D=3693, Cad-1004-D; and

14. The issue was brought to the Barangay for conciliation on April
26, 2018 but no settlement was reached. A copy of the Barangay
Certification is hereto attached as ANNEX “F”.

PRAYER
FOREGOING PREMISES GIVEN, it is most earnestly pleaded of
the Honorable Court, after due notice and hearing THAT –
1. KATIBAYAN NG ORIHINAL NA TITULO BILANG P-21818 be
ANNULLED and ordered CANCELLED and a new one ordered
issued to herein plaintiff;

2. As a consequence should the Honorable Court rule in plaintiff’s

favor, TAX DECLARATION NO. 13-09-0008-00360 for 2014
together with its past and current revisions be ordered
CANCELLED and reverted to previous declarant;

3. Defendant be ordered to pay to plaintiff:

a. Moral Damages in the amount of P200,000; and

b. Exemplary Damages in the amount of P100,000

4. Plaintiff likewise pleads that he be exempted from the payment of

docket and other lawful fees as indigent litigant and for such relief
as are just and equitable under the law and circumstances.

January 10, 2020. Cabadbaran City, Philippines.

PUBLIC ATTORNEY’S
OFFICE
Counsel for Plaintiff

by

GLENN N. BIHAG
Public Attorney III
Roll No. 52754 05.12.06
IBP No. 052699 01.10.20
PTR No. Exempt Under Sec. 139 (d) R.A. 7160
MCLE VI Completed – 09.22.17
MCLE Certificate of Compliance
No. VI – 0029110
Issued on October 24, 2019
Valid From April 15, 2019 to April 14, 2022

CABADBARAN CITY
DISTRICT OFFICE
Government Center
8605 Cabadbaran City