REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch 22
Dipolog City

SPOUSES BERNARD and CLARISSA

PRADO,
Plaintiffs,

-versus- Civil Case No: Q-45-56371

For: Quieting of Title

BAILEY NAVARRO,
Defendant.
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COMPLAINT

COMES NOW the plaintiff by the undersigned counsel, and unto this
Honorable Court, respectfully avers that:

1. On October 10, 2010, plaintiffs entered into a contract with Railey

Development Resources Corporation for the purchase in installments of a
piece of property, with improvements, located at No. 06, Sitti St., Marco
Village, Turno, Diplog City covered by TCT No. 43567 of the Registry of
Deeds for Dipolog City and more particularly described in a photocopy of
TCT 43567;

2. That immediately thereafter, plaintiffs took possession of the

property covered by TCT No. 43567 of the Registry of Deeds for Dipolog
City and resided thereat together with their relatives who continued to
occupy the same whenever the plaintiffs would leave for Italy where they
both worked. Hence, from October of 2010 up to the present date, plaintiffs
were in continuous and notorious possession of the property covered by TCT
No. 43567 of the Registry of Deeds for Dipolog City to the exclusion of
others and in the concept of an owner;

3. In April of 2014, plaintiffs were able to fully pay for the agreed
purchase price of the property covered by TCT No. 43567 of the Registry of
Deeds for Dipolog City and accordingly, a Deed of Absolute Sale dated
April 12, 2014 was executed by and between Railey Development Resources
Corporation and the original owner’s copy of TCT No. 43567 of the
Registry of Deeds for Dipolog City accordingly turned over to them;

4. That despite the execution of the Deed of Absolute Sale, Railey

Development Resources Corporation failed to cause the transfer of title to
plaintiffs. On the part of plaintiffs, all the while they thought that the Deed
of Absolute Sale and possession of the original of the owner’s copy of TCT
No. 43567 of Registry of Deeds for Dipolog City was more than sufficient to
protect their rights and interests over the property;

5. That sometime March of 2015, during one of the trips of plaintiff

Clarissa Prado to the Philippines from Italy, upon learning that Railey
Development Resources Corporation was no longer functional as a corporate
entity, she decided to cause the transfer of registration of TCT No. 43567 of
Registry of Deeds for Dipolog City herself since the vendor thereof was
apparently in no position to undertake the same;

6. She was thus surprised to learn from the Registry of Deeds for
Dipolog City that on October 14, 2015, the property in question was sold by
defendant Bailey Navarro as the highest bidder for the price and
consideration of P650,000.00 as shown in Bailey’s Final Deed of Sale;

7. The levy on attachment and the execution sale undertaken by

Bailey Navarro is clearly illegal there being no notice given by said
individual to the occupants of the property in question;

8. A casual perusal of the Bailey’s Deed of Sale will reveal that the
execution price of P650,000.00 is grossly inadequate to pay for real
properties listed therein with fair market values conservatively estimated at
P3,000,000.00.

WHEREFORE, it is respectfully prayed:

(a) That the property in question be ordered delivered to the

plaintiff;

(b) That defendant be made to pay the costs of this suit;

(c) And that plaintiff be granted such futher relief consistent

with law and equity.

City of Dipolog, Philippines, November 10, 2015.

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )

CITY OF DIPOLOG ) S.S.

We, Spouses Bernard and Clarissa Prado, Filipino, of legal age

residing at No. 06, Sitti St., Marco Village, Turno, Diplog City, after being
sworn to in accordance with law, deposes and says that:

1. We are the Plaintiffs in the above-entitled case;

2. The facts stated in the above complaint are true and correct to the
best of our knowledge and authentic records;
 3. I have not commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to
the best of my knowledge, no such other action or claim is pendig
in them; and

4. If I should learn that the same or similar action or claim has been
filed or is pending after its filing, I shall report that fact within five
(5) days from notice the court or where the complaint or initiatory
pleading has been filed.

November 10, 2015, City of Dipolog, Philippines.

Affiant

SUBSCRIBED AND SWORN to before me, this 10th day of

November, 2015 in the City of Dipolog, affiant exhibiting to me his
Community Tax Certificate No. 2123455, issued at Dipolog City on March
1, 2006.

Atty. Michaela B. Pangan

Notary Public for Dipolog City
Commission Serial No. 34521
Until Dec. 31, 2016
Office Address: Rizal Avenue, Dip. City
Roll of Attorney No. 842
PTR No. 9873, 12/31/07, Manila
IBP No. 9768, 12/31/07, Manila
MCLE Compliance. No. 2812

Doc No. 5
Page No. 6
Book No. 1
Series of 2016.