Republic of the Philippines

IN THE REGIONAL TRIAL COURT OF ZAMBOANGA CITY

9th Judicial Region
Branch _____
Zamboanga City

HEIRS OF EFREN Q. NAZARENO AND CIVIL CASE No. _______

ROXANNE D. RESURRECCION
Namely: VICTOR CARLO NAZARENO, For:
VINCENT NAZARENO, AND
ANALYN NAZARENO RECONVEYANCE OF REAL PROPERTY AND
Plaintiffs FOR CANCELLATION OF TRANSFER CERTIFICATE
OF TITLE NO. T-19225 IN THE NAME OF THEO JAY
FOLGO

-versus-

SPOUSES THEO JAY FOLGO and

LINETH FRINCILLO
Defendants
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C O M P L A I N T

COME NOW, then Plaintiffs, assisted by counsel, and unto the Honorable court respectfully aver:

I. THE PARTIES

1. Plaintiffs VICTOR CARLO NAZARENO, VINCENT NAZARENO, AND ANALYN NAZARENO,

Filipinos, of legal age, married and residents of Barangay Sinunuc, Zamboanga City;

2. Defendant spouse THEO JAY FOLGO and LINETH FRINCILLO are Filipino citizen, of legal
age, married and residents of Barangay Guisao, Zamboanga City, where they be served with
summons and other processes of the Court;

II. CAUSE OF ACTION

3. Plaintiffs are children and heirs of the late spouses Theo Jay Folgo and Lineth Frincillo, who
dies on August 21, 2010 and on November 29,2013, respectively, all in Zamboanga City,
machine copies of the Certificates of Death of Theo Jay Folgo and Lineth Frincillo are herein
attached as ANNEXES B of the Complaint;

4. The above-mentioned deceased spouses are former residents of Barangay San Roque,
Zamboanga City, where they were occupants and owners over a parcel of land and planted
coconut, containing area of 15,421 SQUARE METERS, later registered in their name under
ORIGINAL CERTIFICATE OF TITLE NO. P-2652 WITH TAX DECLARATION NO. 7154,
machine copies of which is herein attached as ANNEXES C & D hereof;
5. Sometime in 2000, said deceased spouses verbally leased the land to herein defendant
spouses for five (5) years, or up to 2005 for only P8,000;

6. Sometime in 2003, said deceased spouses transferred residence to Barangay Look, Lamitan
City and worked as caretaker over a coconut farm of a certain Atty. Achilles Villamor, leaving
behind their land at Barangay San Roque, which verbal lease was extended for another two
(2) years, or up to 2005, for an additional sum of P2,000;

7. Caught up with the series of firefight and war in Lamitan, Basilan, the spouses were ot able to
return their land at Barangay San Roque, Zamboanga City, until they both died;

8. However, in 2009, with the peace and order in Basilan slowly improving, the children/ heirs
Victor and Vincent Nazareno visited the land, and in fact, one of the heirs established his
residence on the land form then on to these days, and the one harvesting the products therein.

9. Real Property Taxes over land were paid for by the heirs of Efren and Roxanne, as shown by
Real Property Tax Receipts Nos. 8384297; 1474935; and 469376 machine copes of which are
herein attached as ANNEXES E, F and G, respectively;

10. On October 25, 2012, through misrepresentation, and unknown to the plaintiffs, the defendants
filed a petition for judicial reconstitution of Original Certificate Title No. P-2653 before the
Regional Trial Court of Zamboanga City;

11. In 2015, also unknown to the plaintiffs, defendants filed before the same Court Special
Proceeding No. 2-2-94 for Cancellation of OCT NO. P-2653 and Transfer in favor of the
Petitioner, and through misrepresentation that the land was sold to them and submission of
bogus document, succeeded in having OCT NO. P-2653 in the name of Efren Nazareno
cancelled, and Transder Certificate of Title No. T-11173 issued in favor of the defendants,
machine copy of a document denominated TRANSFER OF RIGHTS AND IMPROVEMENTS
over 8,000 hectares parcel of land to an unnamed buyer supposed to be executed by Efren
Nazareno and Roxanne Nazareno attached as ANNEX B in Special Proceeding No. 2-2-94 for
Cancellation of OCT NO. P2653 and Transfer in favor of the Petitioner is herein adopted and
marked as ANNEX H of this Complaint;

12. Because of the unlawful and fraudulent act of the defendants, plaintiffs were constrained to
hire the services of a private counsel to institute and prosecute this case in Court, for which
services they are to compensate in the amount of FIFTY-TWO THOUSAND (P52,000.00)
PESOS by ways of acceptance and contractual fees, plus the sum of P5,000 for every
appearance of counsel in Court, which they must be reimbursed by the defendants;

13. In the filing of this case, plaintiffs are expected to pay more or less TWO HUNDRED TWENTY
FIVE THOUSAND (P225,000.00) PESOS by way of docket and other fees/ dues to the court,
which must be reimbursed by the defendants;

14. This case is among those exempted from the coverage of the Katarungang Pambarangay
Law, the parties being residents of different cities;
 III. PRAYER

WHEREFORE, it is respectfully prayed of the Honorable Court that, after due notice and
hearing, judgment be rendered in favor of the Plaintiffs and against the Defendant, and the corresponding order
and/or declaration be issued:

1) Directing the defendants to reconvey the subject land to the herein plaintiffs;
2) Order the cancellation of TRANSFER CERTIFICATE OF TITLE T-11173;
3) Directing defendants to reimburse plaintiffs of their expenses by way of attorney’s
fees in the sum of P24,000 plus P1,500 for every recorded appearance of counsel in
Court, and for docket and other court fees/ dues of not less that P225,000.00;
4) Other relief/s just and equitable under the premises are also prayed for.

RESPECTFULLY SUBMITTED.

13 MAY 2025, Zamboanga City.

VICTOR CARLO NAZARENO VINCENT NAZARENO,

Plaintiff Plaintiff

ANALYN NAZARENO
Plaintiff

Assisted by:

ATTY. LEI MADELINE S. MOHAMMAD-ESPIRITUSANTO

Republic of the Philippines)

City of Zamboanga ………: S.S.
Province of Basilan ……… )
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