REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th Judicial Region
Branch 87, Mandaue City, Cebu

LIZA SASO VELASQUEZ

Plaintiffs,
CIVIL CASE No. MAN-8607
FOR: CANCELLATION OF
TRANSFER CERTIFICATE OF TITLE
111-2018005597 AND TAX
DECLARATION NO. 82514 ON A
PORTION OF LOT 4676-A AND
INCLUSION OF THE NAME OF THE
PLAINTIFF AS OWNER OF 49 SQ.
METERS ON A PORTION OF LOT
4676-A IN THE TRANSFER
CERTIFICATE OF TITLE AND TAX
DECLARATION

-versus-

SPS. JESUS SASO AND AIDA

CALIFLORES SASO AND
SOUSES RAMSES Y. PEPITO AND
MARIA AMPARO G. PEIPTO
Defendants,

CEBU PROVINCIAL ASSESSOR OFFICE,

Represented by Annette Vero in her capacity
As the Cebu Provincial Assessor in the Province
Of Cebu
Public Defendants,
x - - - - - - - - - - - - - - - - - - - - -/

AMENDED C O M P L A I N T

COMES NOW, Plaintiff, through undersigned counsel and unto this

Honorable Court, must respectfully and humbly avers, THAT:
1. Plaintiff, LIZA SASO VELASQUEZ, is a Filipino, of legal age, married
and a resident of Fatima, Jubay, Lilo-an, Cebu, where she may be serve
with notices, orders and other processes of this Honorable Court;

2. Defendants, SPS. JESUS SASO and AIDA CALIFLORES SASO, are

likewise Filipino, of legal ages, and residents of Fatima, Juday, Lilo-an,
Cebu, where they may be serve with summons and other processes of this
Honorable Court;

3. Defendants, SPS. RAMSES Y. PEPITO and MARIA AMPARO G.

PEPITO, are likewise Filipino, of legal ages, and residents of 109,
LAMAC CONSOLACION, Cebu, where they may be serve with
summons and other processes of this Honorable Court;

4. Public defendants, CEBU PROVINCIAL ASSESSORS OFFICE,

represented by Annette Vero in her capacity as the Cebu Provincial
Assessor, is a department under the Cebu Provincial Local Government
Unit that is task to transfer, cancel and keep record on tax declarations on
lots under the jurisdiction of the Cebu Province, with office address at
Cebu Provincial Assessor’s Office, Capitol Building, Capitol Site, Cebu
City;

5. The subject matter of this complaint involves the recovery of the

ownership of a portion of a parcel of land known as Lot No. 4676-A with
an area of 49 square meters out of the 164 square meters and covered by
previous Tax Declaration No. 21752 declared in the name of SPS. JESUS
SASO and AIDA CALIFLORES SASO. Currently, Lot No. 4676-A is
registered in the name of Defendants, SPS. RAMSES Y. PEPITO and
MARIA AMPARO G. PEPITO under Transfer Certificate of Title No.
111-2018005597 and Tax Declaration No. 82514. A copy of said Tax
Declaration No. 21752, Transfer Certificate of Title No. 111-2018005597
and Tax Declaration No. 82514 are hereby attached as Annex “A” “B”
and “C”, respectively, and made an integral part hereof;
6. Defendants, JESUS SASO is the brother of the plaintiff while defendants
SPS. RAMSES Y. PEPITO and MARIA AMPARO G. PEPITO are
relatives of the plaintiff;

7. The subject lot is previously known as Lot No. 4676 declared under the
ownership of the late Sps. Tereso Saso and Cecilia Saso with an area of
353 square meters. Eventually, the subject lot was under the co-
ownership of plaintiff’s parents and the defendants SPS. JESUS SASO
and AIDA CALIFLORES SASO. The following are the Tax Declarations
of the subject lot which were then declared under the ownership of Sps.
Tereso Saso and Cecilia Saso and then under the co-ownership with the
defendants;

a) Tax Declaration No. 05287 declared in the name of Tiriso Saso

and is hereby attached as Annex “D”;

b) Tax Declaration No. 18575 declared in the name of Tiriso Saso

and Jesus P. Saso and is hereby attached as Annex “E”;

c) Tax Declaration No. 26818 declared in the name of Tiriso Saso

and Jesus P. Saso and is hereby attached as Annex ‘F”;

d) Tax Declaration No. 37246 declared in the name of Tiriso Saso

and Jesus P. Saso and is hereby attached as Annex “G”;

e) Tax Declaration No. 06753 declared in the name of Tiriso Saso

and Jesus P. Saso and is hereby attached as Annex “H”;

8. Sometime on October 15, 1970, Plaintiffs parents executed a Deed of

Absolute Sale on a portion of the subject lot of about 49 square meters
in favor of the Plaintiff. A copy of the said Deed of Absolute Sale is
hereby attached as Annex “I”;

9. On January 7, 1986, Plaintiff’s brothers Tereso Saso Jr. and defendant

Jesus Saso entered into a Partition Agreement wherein they agreed to
 divide Lot 4676 into two lots. A copy of the said Partition Agreement is
hereby attached as Annex “J” and made an integral part hereof;

10.On July 1, 1991, Tereso Saso executed a Deed of Confirmation of Sale of

a portion of the subject lot of about 49 square meters in favor of the
plaintiff. The said instrument was executed to confirm the sale that he
executed in October 15, 1950 in favor of the plaintiff. A copy of the said
Deed of Confirmation of Sale is hereby attached as Annex “K” and made
an integral part hereof;

11.Plaintiff had already erected his house on the 49 square meter lot that she
acquired from his father which is located on a portion of Lot 4676-A
declared under Tax Declaration No. 21752 in the name of the defendants;

12.Plaintiff was caught unaware that her name was not included in the Tax
Declaration of Lot 4676-A as to her ownership of 49 square meters. She
confronted the defendants about it but she was ignored by his brother;

13.In order to protect plaintiff’s interest on the subject lot, she executed an
Affidavit of Adverse Claim and cause the annotation of the same at the
Office of the Provincial Assessor of the Cebu Province. She likewise
executed a Renewal of her Adverse Claim on the subject lot. A copy of
the Adverse Claim and a copy of the renewal of the adverse claim are
hereby attached as Annexes “L” and “M” respectively;

14.Plaintiffs summoned the defendants before the Office of the Barangay

Captain of Jubay, Lilo-an, Cebu, for the settlement of land dispute over
the subject property but there was no settlement happened in the said
barangay. A copy of the said Certification to File Action from the Office
of Barangay Jubay, Lilo-an, Cebu, is hereby attached as Annex “N”;

15. Plaintiff had found out that defendants SPS. JESUS SASO and AIDA
CALIFLORES SASO had executed a Deed of Sale on a portion of Lot
4676-A of about 130 square meters to SPS. RAMSES Y. PEPITO and
MARIA AMPARO G. PEPITO and the certificate of title of the lot as
 well as the tax declaration was eventually transferred in their name. A
copy of the Deed of Sale is hereby attached as Annex “O”;

16. That Lot 4676-A was subdivided into two parcel, one in the name of
SPS. RAMSES Y. PEPITO and MARIA AMPARO G. PEPITO Transfer
Certificate of Title No. 111-2018005597 and Tax Declaration No. 82514
to the extent of 130 square meters and the other which is 30 square
meters in the name of SPS. JESUS SASO and AIDA CALIFLORES
SASO;

17.Plaintiff will stand to lose her ownership of 49 square meters on a portion

of Lot 4676-A which she acquired from his father if she will not fight for
her right of ownership thereof;

18.In order to protect the interest of the plaintiff, she was constrained to
retain the services of the undersigned counsel to whom he agreed to pay
the sum of P20,000 as attorney’s fee.

PRAYER

WHEREFORE, it is most respectfully prayed that, after due Notice and

hearing, judgment be rendered in favor of the plaintiff and the court will issue an
order:

a) Directing the defendants to surrender the ownership over a portion of Lot

No. 4676-A of about 49 square meters situated at Barangay Jubay, Lilo-
an, Cebu, in favor of the plaintiff;

b) Directing the public defendant Cebu Provincial Asssesor’s Office the

inclusion of the ownership of the plaintiff in the Tax Declaration of Lot
4676-A as to her ownership of 49 square meters;

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

Respectfully submitted.
April 30, 2021

DAVIDE & SUSUSCO LAW OFFICE

COUNSEL FOR THE PLAINTIFF
RM. 306, Diaz Bldg., J. Avila St., Osmena Blvd.
Capitol Site, Cebu City, Philippines
Tel. No. (032) 4199720
By:

ATTY. GIOVANNI D. SUSUSCO

IBP No. 8852/01-17-2020/Cebu
PTR No. 503905/01-17-2020 Cebu Province
Roll of Attorneys No. 53097
Admitted to the Bar on April 26, 2007
MCLE COMPLIANCE NO. VI-0027317