COMES NOW, plaintiff, Michelle dela Cruz, by counsel, and unto the Honorable Court, most respectfully avers THAT:
1. Plaintiff, Michelle dela Cruz, is a Filipino, of legal age, married, and residing at 1216 Craig St., Sampaloc, Manila, where he may be served with summons, papers and other processes of this Honorable Court;
2. Defendant, Kenneth Guadalupe, is a Filipino, of legal age, married, and residing at 45-A Sct. Tobias, Barangay Laging Handa, Quezon City where he may be served with summons, papers and other processes of this Honorable Court;
3. Both parties have capacity to sue and be sued;
4. The plaintiff and defendant are two of the children of the late Julio Guadalupe (Guadalupe) who died on June 2, 2002. Guadalupe owned a parcel of agricultural land situated in Meycauayan, Bulacan with an current assessed value of one million pesos (P1,000,000.00) (subject property);
5. Right after the burial of their father, the defendant requested from his siblings that he be allowed to take possession of and receive the income generated by the subject property until after his eldest son could graduate from college. The defendants siblings acceded to the said request;
6. After the defendants eldest son finished college, his siblings asked him to return to them the possession of the subject property so that they could partition it among themselves. However, the defendant refused to relinquish his possession of the subject property claiming that he purchased the subject property from their father as evidenced by a Deed of Absolute Sale of Real Property executed by the latter on May 25, 1992;
7. Their father has never executed the said deed of sale. The signature of their father appearing in the said deed of sale was a forgery as the same is remarkably different from the real signature of Guadalupe;
8. Additionally, the said deed of sale was acknowledged before a person who was not a duly commissioned Notary Public. The deed of sale was acknowledged by the defendant before a certain Alexander Villanueva (Villanueva) on March 11, 2002 in Quezon City. However, as per the Certification issued by the Office of the Clerk of Court of the RTC on March 16, 2012, Villanueva has never been commissioned as a Notary Public for and in Quezon City;
9. The defendant purposely forged the signature of Guadalupe in the said deed of sale to deprive the plaintiff and their other siblings of their share in the subject property;
10. The subject property was already covered by Original Certificate of Title (OCT) No. 1952 issued by the Register of Deeds of Quezon City on January 2, 2012 registered under the name of the defendant. OCT No. 1952 was issued pursuant to Free Patent No. 051716 which was procured by the defendant on June 20, 2008;
11. Once a patent is registered and the corresponding certificate of title is issued, the land covered thereby ceases to be part of public domain and becomes private property, and the Torrens Title issued pursuant to the patent becomes indefeasible upon the expiration of one year from the date of such issuance (Heirs of Alcaraz v. Republic, 502 Phil 521). However, a title emanating from a free patent which was secured through fraud does not become indefeasible, precisely because the patent from whence the title sprung is itself void and of no effect whatsoever (idem at 533);
12. As a general rule, a fraudulently acquired free patent may only be assailed by the government in an action for reversion. However, a private individual may bring an action for reconveyance of a parcel of land even if the title thereof was issued through a free patent since such action does not aim or purport to re-open the registration proceeding and set aside the decree of registration, but only to show that the person who secured the registration of the questioned property is not the real owner thereof ( Esconde v. Hon. Barlongay, 236 Phil 644;
13. Defendants conduct caused sleepless nights, mental anguish and serious anxiety to the plaintiff;
14. To pursue her rights and protect her interests, plaintiff was constrained to engage the services of counsel to whom she obligated herself to pay as Attorney's Fees the amount equivalent to TWENTY FIVE PERCENT (25%) of the total amount to be adjudged in favor of plaintiff, and the costs of this suit.
PRAYER
WHEREFORE, the above premises considered, it is respectfully prayed of this Honorable Court after hearing on the merits, that:
a. The supposed Deed of Sale between Kenneth Guadalupe and Julio Guadalupe be declared null and void and of no legal effect;
b. Defendant be ordered to reconvey to the heirs of the late Julio Guadalupe the land subject matter of this case;
c. Defendant be ordered to pay attorneys fees in an amount equivalent to TWENTY FIVE PERCENT (25%) of the total amount to be adjudged in favor of plaintiffs;
d. Defendant be to pay plaintiff the sum of One Hundred Thousand Pesos (P100,000.00) by way of moral damages
e. Defendant be ordered to pay the costs of this suit.
Other reliefs just and equitable under the premises are likewise prayed for.
ATTY. ANDRES S. JOSE JR. Counsel for the Plaintiff IBP Lifetime No. 00987/ Quezon City PTR No. 3184782/01-19-1993/ Quezon City MCLE Compliance No. III-0002447 Roll of Attorneys No.22302
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, Michelle de la Cruz, of legal age, after having been duly sworn in accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
WITNESS WHEREOF, I hereunto set my hand this 27 th day of July 2014 in City of Manila, Philippines.
___________________________ Michelle de la Cruz Affiant
SUBSCRIBED AND SWORN to before me this 27 th day of July 2014 in the City of Manila, affiant exhibiting to me his LTO Drivers License No. 1234567890 issued on February2013 in Quezon City.
Pedro A. Juanolito Notary Public Until December 31, 2015 PTR No. 1234567890, 1-8-93
Doc. No. 123; Page No. 456; Book No. XX; Series of 1993.