Republic of the Philippines

Regional Trial Court of Lanao Del Norte

12th Judicial Region, Branch 05
Iligan City

KC CONCEPCION Civil Case No. 86286

Plaintiff,
versus FOR:
1. Annulment/declaration of
VINCENSO CASSANO, nullity of the deed of absolute
Defendant. sale and transfer certificate
title; and
2. Action for Specific
Performance.
x - - - - - - - - - -- - - - - - - - - - - -/

COMPLAINT

PLAINTIFF, by counsel, hereby respectfully avers that:

PARTIES
1. Plaintiff is KC CONCEPCION of legal age, Filipino, married, and resident of
Pala-o, Iligan City;

2. Defendant VINCENSO CASSANO, of legal age, Filipino, and resident of

Hinaplanon, Iligan City;

PREFATORY STATEMENT
3. When a seller fraudulently coverts bad faith to the buyer prior to the full
payment of the consideration is a breach of contract and the buyer is entitled to
rescission because the breach is substantial and fundamental as it defeats the
very object of the parties in entering into the contract to sell.
4. Plaintiff comes before this Honorable Court to file this complaint seeking
redress and justice against the people who have been involved in this grandiose
scheme of fraud and deception which as a result had suffered major loss and
damage.

THE SUBJECT MATTER

5. Defendant/seller is the owner of a residential lot covered by TCT No. T- 10006
(a.f) of the Register of Deeds of Iligan City located at Brgy. Hinaplanon, Iligan
City with a total area of 25,000 square meters or 2.5 hectares, particularly
described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 10006

“Large tract of land located at Barangay Hinaplanon, Iligan City with a
land area of 2.5 hectares. The land is traversed by railroad tracks
dividing it into two (2) parcels covered by Original Certificate of Title No.
10006 covering the two parcels, designated as Lots 1 and 2 registered
in the name of Mr. Vincenso Cassano. A new two-storey smart house is
built at the far right of the parcel of land. A warehouse with solar power
on the far left.”

"Lot 1 and 2, Psd - 10 - 00000000, a portion of Lot 2, Block 37, Pcs-

4540 located in Hinaplanon, Iligan City, Mindanao, Philippines,
Bounded on the NE along line 1-2 by Lot 3, Block 37, Pcs-4540: SE
along line 2-3 by Property of Kim Jung Eun, SW ALONG LINE 3-4 BY
LOT 1, BLOCK 37. Pcs- 4540; and NW along line 4-1 by Lot 2-B ,Psd -
1- 00000000 of the subdivision plan . Beginning at a point marked "1"
on the plan being S. 09 deg 25' W, 840.15 m from DBM No. 2, Cad.292.
THENCE...... 1-2 S. 66 deg 26 E., 12.39 m; 2-3 S. 03 deg 05 W. 14.14
m; 3-4 N. 64 deg 51 W., 14.88 m; and 4-1 N. 12 deg 42 E. 13.07 m with
an area of TWENTY FIVE THOUSAND (25000) square meters or 2.5
hectares, more or less."
 STATEMENT OF FACTS
6. On or about May 20, 2021 at the City of Iligan the defendant/seller executed a
“Contract to Sell” a copy of which is integrally appended hereto as (ANNEX A),
in favor of plaintiff/buyer for and in consideration of the total amount of THREE
HUNDRED FIFTY MILLION PESOS (PhP 350,000,000.00),Philippine Currency
payable as follows:

“6.1. Purchase Price: The BUYER shall pay the SELLER a lump sum
price for the Property in the amount of THREE HUNDRED FIFTY
MILLION PESOS, PHILIPPINE CURRENCY (PhP 350,000,000.00)
(The “Purchase Price”) and the SELLER shall present and deliver to the
BUYER’S reasonable satisfaction on the following manner:

(a) That the BUYER will pay the SELLER a DOWN PAYMENT
amounting to ONE HUNDRED SEVENTY-FIVE MILLION PESOS
(PhP 175,000,000.00) upon signing of this contract to sell and
hereby reserves the exclusive right to purchase the aforementioned
property to the BUYER and SELLER cannot offer the
aforementioned property to any third party.

(b) That the SELLER will get fifty percent (50%) of the Purchase
Price minus the down payment made by the BUYER in the amount
of ONE HUNDRED SEVENTY-FIVE MILLION PESOS (PhP
175,000,000.00) upon presentation to the BUYER the Estate Tax
Clearance, Certificate Authorizing Registration (CAR) and Owner’s
duplicate original of Transfer Certificate of Title No. T-4628 (a.f.)
already under the name of KC CONCEPCION, and upon signing of
the deed of sale;

(c) That upon completion of payment of the balance purchase price

above stipulated and other obligations set forth hereto, the BUYER
shall execute and deliver to the SELLER a final DEED OF
ABSOLUTE SALE, CONVEYING, SELLING, CEDING AND/OR
 TRANSFERRING the above-described property from the SELLER to
the BUYER, free and clear of all liens and encumbrances except
those found therein at the time of the execution of this document;

(d) That the SELLER shall cause the issuance of Transfer Certificate
of Title under the name of the BUYER covering the subject parcel of
land, it being understood, however, that expenses for capital gains
tax and documentary stamp tax, transfer tax and other Registration
Fees shall be borne exclusively by the SELLER;

(e) That the BUYER shall only have the right to take possession over
the property only after the execution of the Deed of Absolute Sale by
the parties.

7. On May 20, 2021, Defendant received from Plaintiff ONE HUNDRED

SEVENTY-FIVE MILLION PESOS (PhP 175,000,000.00) Philippine
Currency as down payment for the property. The receipt of payment was
duly acknowledged by the Plaintiff;

8. A Deed of Absolute Sale (ANNEX B) over the subject property was also
executed on the same date which provides:

“NOW THEREFORE, for and in consideration of the sum of THREE

HUNDRED FIFTY MILLION (Php350,000,000.00), Philippine Pesos,
in hand paid and received, the VENDOR hereby sells, conveys and
transfers to the VENDEE, his heirs and assigns, the above
mentioned lot with the improvements found thereon containing an
area of TWENTY FIVE THOUSAND (25,000) square meters or 2.5
hectares.

That the SELLER shall cause the issuance of transfer Certificate

of Title under the name of the BUYER, and shall be responsible
for the payment of capital gain tax and documentary stamp tax,
 transfer tax and other registration fees, and payment of
property tax prior to this sale. The BUYER shall be in charge
with the documentation of this conveyance.

This sale of parcel of lot and the improvements found thereon is free
from any lien and encumbrances.”

FIRST CAUSE OF ACTION

9. The plaintiff herein as buyer in the said contract to sell complied with all that
was required of her consequently the defendant took over the property on or
about June 6, 2021;

10. Plaintiff and her counsels went to the property to inspect the same; she
noticed that a portion of the railroad was built anew. Plaintiff thought it was an
old road;

11. Plaintiff also noticed that the warehouse has equipment that looked newly
delivered. Defendant assured her that the warehouse is new and unused;

12. With the discoveries made by Plaintiff during her inspection at the site, she
changed her mind and is no longer interested to buy said land;

13. Defendant Vincenso Cassano, should return all that plaintiff paid them for
which the latter should also return the land in question to in ownership and
possession plus damages;

14. Plaintiff sent a letter to the defendant demanding a return of the amount so
advanced by him, but the latter ignored the same;

15. Plaintiff sent another demand letter to the defendant but the latter likewise
ignored the same;
 SECOND CAUSE OF ACTION

16. Upon entry into the premises defendant started the construction of a two-
storey concrete structure at the back of the warehouse which was illegally
occupied by Vincenso Cassano therein despite the objections of plaintiff;

17. Plaintiff could not physically, actually, and materially possess and cultivate
the said land because the defendant refuses to vacate and stop the on-going
construction;

STATEMENT OF LAWS

ANNULMENT/DECLARATION OF NULLITY OF THE DEED OF

ABSOLUTE SALE AND TRANSFER CERTIFICATE OF TITLE AND AN
ACTION FOR SPECIFIC PERFORMANCE
18. As the Defendant/Seller failed to comply with the terms and conditions of the
sale, such contract is deemed annulled as provided for in Articles 1458, 1495
and 1498 of the Civil Code, to wit:

Art. 1458. By the contract of sale, one of the contracting parties obligates
himself to transfer the ownership of and to deliver a determinate thing, and
the other to pay therefore a price certain in money or its equivalent.

Art. 1495. The vendor is bound to transfer the ownership of and deliver, as
well as warrant the thing which is the object of the sale.

Art. 1498. When the sale is made through a public instrument, the
execution thereof shall be equivalent to the delivery of the thing which is the
object of the contract, if from the deed the contrary does not appear or cannot
clearly be inferred.

19. The claim of the plaintiff that the LAND has not been delivered was not
refuted by the defendant. Considering that defendant failed to deliver him the
certificate of title and of the possession over the LAND to the plaintiff, the
contract must be rescinded pursuant to Article 1191 of the Civil Code which, in
part, provides:
 Art. 1191. The power of rescind obligations is implied in reciprocal ones in
case one of the obligors should not comply with what is incumbent upon him.

20. There is only a single issue for resolution in the instant petition, to wit,
whether or not the failure of the petitioner to deliver to the respondent both the
physical possession of the subject property and the certificate of title covering
the same amount to a substantial breach of the former’s obligation to the latter
constituting a valid cause to rescind the agreement and deed of sale entered into
by the parties. We rule in the affirmative. (Estelita Villamar vs. Balbino Mangaoil,
GR No. 188661, April 11, 2012)

21. Hence, with the annulment of the Deed of Absolute Sale, parties are bound
by the provisions in the Contract to Sell and that the Defendant must return or
pay purchase price in the amount of THREE HUNDRED FIFTY MILLION
(Php350,000,000.00), else their continued occupation of defendant Vincenso
Cassano of the subject lot is illegal.

DAMAGES
22. The reasonable value and/or compensation for the use and occupation of the
premises are not less than P500, 000.00. Plaintiff shall continue to suffer this
damage until full restitution to the possession and occupation of the property is
made by the Defendant;

23. To serve as an example and as a deterrent to others, exemplary damages

must be levied upon the defendant in the amount of P50, 000.00;

24. To protect their rights and interests Plaintiff hired the services of the
undersigned counsel at the agreed acceptance fee of P100,000.00 while in the
trial Court plus appearance fees presently of P10,000.00 and litigation expenses
to be proved in court and finally attorney’s fees when the above-entitled case is
terminated;
 PAYMENT OF FEES
25. Upon the filing of this pleading, Plaintiff paid the fees as assessed by the
Clerk of Court and they hereby manifest in accordance with the ruling of the
Supreme Court in Ballatan v. Court of Appeals (G.R. No. 125683, March 2,
1999) that should there be any other fee in addition to the above which may be
required in the premises, they shall promptly pay the same upon being informed
thereof or such fees may be held as a lien in accordance with Section 7 Rule 62
of the Rules of Court.

PRAYER
WHEREFORE, premises above considered, it is most respectfully prayed that
judgment on the complaint be rendered in favor of the Plaintiff and against the
Defendant, to wit:
a. The Deed of Absolute Sale be rescinded;
b. The defendant be ordered to return the sum of THREE HUNDRED
FIFTY MILLION (Php350, 000,000.00), Philippine Pesos;
c. The defendant be ordered to pay & compensate the plaintiff for the
whole duration of use and occupation of her property amounting to P500,000.00;
d. The Defendant be ordered to pay exemplary damages in favor of the
Plaintiff in the amount of P50, 000.00;
e. The Defendant be ordered to pay Plaintiff’s claim for attorney’s fees in
the amount of P50,000.00, appearance fees and litigation expenses as maybe
proved in Court;

PLAINTIFF further pray for such other reliefs and remedies as may be just and
equitable under the premises.

City of Iligan, June 2021.

IRISH DALE LOUISE M.

DIMITIMAN
PTR No 1234567 August 01,
2017
 I B P No. 123456 Dec 24,
2018
Both of Iligan City
Tel No (063) 2236050
Mobile: 09952926426
E-mail address:
irish.dimitiman@gmail.com
Attorney’s Roll No. 30,001
March 8, 2017
MCLE Compliance No. IV
1234567
July 13, 2018
Doc. No. __5___
Page No. __34__
Book No. ___10_
Series of 2021

Verification and Certification Under Oath of Non-Forum Shopping

Republic of the Philippines)

City of Iligan) S.S.

I, KC CONCEPCION, of legal age, single, Filipino and the plaintiff in the above
entitled case, after being duly sworn to in accordance with law do hereby depose
and say;
1. That I am the plaintiff in the above-entitled case;
2. That I caused the preparation of the complaint and I read the allegations
contained therein and understood each of them to be true and correct of my own
personal knowledge and beliefs and based on authentic documents;

3. That I further certify that I have not commenced any action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any court, tribunal or agency;
4. That should I learn hereafter of the filing or pendency of such action/s, I
undertake to inform this Honorable Court of said fact within five (5) days from
knowledge therefrom that I have read the forgoing complaint and all its annexes
and that all the factual allegations therein contained are true of my own
knowledge and the annexes are based on authentic original records of which the
undersigned certifies as true and correct copies of the originals in my custody
and possession.

IN WITNESS WHEREOF, I have hereunto set my hand this June 12, 2021 at
Iligan City, Philippines.

SUBSCRIBED AND SWORN TO BEFORE ME, this 12th of June, 2021 at Iligan
City.

_______________________
KC CONCEPCION
Plaintiff