Complaint: Regional Trial Court

REPUBLIC OF THE PHILIPPINES
National Capital Judicial Region

Regional Trial Court
Branch ___, MANILA
DANILO H. NUBLA and

TERESITA S. NUBLA
Plaintiffs,
- versus -
Civil Case #
GAUDIOSA HILARIO and heirs

of the late PABLO HILARIO,
Defendants.
x--------------------------------------x
COMPLAINT
PLAINTIFFS,
by
themselves,
unto
this
Honorable
Court,
respectfully state that:

1. Plaintiffs are husband and wife, both of legal age, Filipinos and
residents of #1241-A Mataas na Lupa, Malate, Manila where they
may be served with summons, notices, orders and other processes
of this Honorable Court;
2. Defendants Gaudiosa Hilario and heirs of the late Pablo Hilario, all
of legal age, Filipinos and residents of #1241-B Mataas na Lupa
Malate, Manila where they may be served with summons, notices,
orders and other processes of this Honorable Court;
3. Plaintiff Danilos grandmother, EMERENCIANA RIVERA was the
owner in fee simple of the subject land covered under Lot 14, (LRC)
Pcs-9448 which is covered by Transfer Certificate of Title (T.C.T.)
No. 12018, registered under the name of the Republic of the
Philippines of land record of Manila;
2
4. Defendant Gaudiosa is the wife of Pablo Hilario while the latter is
son of EMERENCIANA RIVERA.
Pablo Hilario died on October 18,
1997;
5. As a preparatory act for the sale of the land which is the subject
matter of this case, the landowner EMERENCIANA RIVERA through
the professional assistance of Engineer Restituto Beltran, a Geodetic
Engineer, subdivided the land of into three (3) equal parts, each
subdivision measuring 41.50 square meters. One part for Pablo
while the
other part is
for Serafin Hilario, also a son of
EMERENCIANA RIVERA. The last part will be sold to the plaintiffs.

The
subdivision
of
the
subject
lot
is
evidenced
by
consolidation/subdivision plan attached herewith and marked as

Annex A;
6. On March 31, 1987, EMERENCIANA RIVERA and the plaintiffs
executed a DEED OF ABSOLUTE SALE. The DEED OF ABSOLUTE
SALE which was duly notarized by Atty. Jose Constantino on the
same day, March 31, 1987 is attached hereto and marked as Annex
B;
7. Plaintiffs were the ones who defrayed for all the expenses necessary
for the surveying and subdivision of said land.
The plaintiffs also
shouldered the expenses which were supposed to be paid by

Serafin Hilario and Pablo Hilario because according to their spouses,
they do not have money for such kind of expense;
8. Under the said Deed of Sale, the vendor EMERENCIANA for and in
consideration
of
Five
thousand
pesos
Philippine
currency
(P5,000.00), transferred and conveyed to the therein vendee,

plaintiff herein, the portion on the South of the abovementioned
property with an area of SIXTY SEVENTY square meters and
SEVENTY square decimeters (67.70) as technically described below
and copied from the Deed of Sale:
A parcel of land (Lot 14, Block 2 of the consolidation
subdivision plan (LRC) Pcs-9442, being a portion of the
3
consolidation of Lots 43 and 45, Bsd-11072; L.R.C. Record
No. N.A.), situated in the Dist. Of Malate, City of Manila,
Island of Luzon. Bounded on the NE., points 1 to 3 by Road
(4.00 m.wide); on the SE., points 3 to 4 by Lot 13, Block 2;
both of the consolidation-subdivision plan; on the SW., points
4 to 5 by Lot 3, Block 5, Manila Cadastre; and on the NW,
points 5 to 1 by Lot 15, Block 2 of the consolidationsubdivision plan. Beginning at a point marked 1 on plan,
being S. 19 deg. 14E., 426.46m. from BLLM 43, Manila
Cadastre;
thence S. 63 deg. 30E.,
4.30m. to point 2;
thence S. 69 deg. 21E,
1.21 m. to point 3;
thence S. 9 deg. 44W., 11.01 m. to point 4;
thence N. 82 deg. 40W., 6.10 m. to point 5;
thence
N. 13 deg. 13E., 12.77 m. to the point of
beginning; containing an area of SIXTY SEVEN SQUARE
METERS and SEVENTY SQUARE DECIMETERS (67.70), more
or less.
That for and in consideration of the sum of FIVE
THOUSAND (P 5,000.00) PESOS, Philippine Currency, the
amount of which is hereby received and acknowledged by the
VENDOR to his complete satisfaction, she hereby SELLS,
TRANSFERS and CONVEYS to the herein VENDEE, a portion in
the south with an area of FOURTY ONE SQUARE METERS AND
FIFTY THREE DECIMETERS (41.53), of the above-described
property.
9.
After the subdivision and sale of the aforementioned land, the

family of Pablo Hilario and the family of Serafin Hilario constructed
their respective houses in their respective parts of the land while
plaintiffs built a temporary house on the part of the land they
bought. The plaintiffs also built a house on the lot they bought for
their grandmother EMERENCIANA, mother Candida Hilario and uncle
Virgilio Hilario;
10.
Plaintiffs only lived on a temporary structure for shelter at
that time and were not able to transfer in their name the title of the
land they bought from their grandmother EMERENCIANA because
they had other prior obligations to pay and for the education of
their two daughters who were enrolled in a private school at that
time.
Only by late 1987 that plaintiffs were able to build a
permanent structure as a shelter for their family;

11.
Considering that at those time, plaintiff Danilo was employed,
he would extend help to the family of defendants and also to
4
spouses Serafin and Lourdes Hilario if the latter were in need of
financial assistance;
12.
Sometime on December 2004, while plaintiffs, who are in
possession of the property sold to them by EMERENCIANA,

defendant Gaudiosa informed plaintiff Teresita through a verbal
conversation, that defendants wanted to take over the possession
of the property occupied by plaintiffs and asserting that they are
the alleged legal owner of the property;
13.
Plaintiffs went to the National Housing Authority (NHA) in
Quezon City to verify and there they found out that through a Letter
dated
July
22,
1987
addressed
to
the
Manager
of
Estate
Management Department of NHA with only the attachment of a

DEED OF WAIVER allegedly signed by EMERENCIANA purporting to
transfer her right as owner/awardee of the subject property to the
Pablo Hilario and Serafin Hilario, the NHA without conducting any
survey or investigation as to who is in possession of the land to be
titled, executed a Deed of Sale in favor of Pablo Hilario and Serafin
Hilario on September 8, 1987.
Copies of said Letter, Deed of
Waiver and two (2) Deeds of Sale are attached hereto and marked
as Annex C, C-1, D and E respectively;
14.
The said waiver states that the two (2) lots of EMERENCIANA
was consolidated and subdivided by NHA into three (3) lots when in
truth and in fact, the land of EMERENCIANA was subdivided into
three (3) lots by Engr. Restituto Beltran sometime on March 1987,
before the execution of the Deed of Absolute Sale between
EMERENCIANA and plaintiffs on March 31, 1987. Considering that
the subdivision made was into three (3) parts, the waiver speaks
only of favoring two persons, Pablo Hilario and Serafin Hilario,
hence contrary to subdivision made;
15.
In the Affidavit of Engineer Restituto Beltran which is hereto
attached, he stated the following: that he was the one who

subdivided the land of EMERENCIANA RIVERA: his services for the
5
actual subdivision and subdivision plan was paid by the plaintiffs;
and he is one of the witnesses in the Deed of Absolute Sale
between
EMERENCIANA RIVERA and the plaintiffs. Said affidavit
is marked as Annex F;
16.
It can be gleaned from the waiver that the date of issue of
the Residence Certificate of EMERENCIANA (July 22, 1987) has the

same date with the Deed of Waiver (Annex C-1) and the Letter
submitted to the NHA (Annex C). Moreover, the waiver was not
executed before an administering officer of NHA but only by a
notary public;
17.
Plaintiffs were very much surprised with said information
considering that their grandmother did not mention to them

anything about the waiver.
Moreover, defendant Gadiosa only
mentioned their right over the property of the plaintiffs when their
grandmother EMERENCIANA and plaintiff Danilos mother Candida
Hilario were already dead. The latter was also one of the witnesses
in the Deed of Absolute Sale between EMERENCIANA and plaintiffs.
EMERENCIANA died on August 15, 1989 while Candida died on
December 28, 1995;
18.
Notwithstanding their knowledge of the sale between plaintiffs
and EMERENCIANA, Pablo Hilario and Serafin Hilario willfully,

maliciously,
clandestinely,
and
surreptitiously,
through
stealth and strategy, subdivided the land awarded by NHA to

EMERENCIANA RIVERA into two (2) equal parts and registered the
land into their own names.
The Registrar of Deeds of Manila on
September 15, 1987 issued in favor of Pablo Hilario Transfer

Certificate of Title (TCT) No. 176709 while TCT No. 176765 was
issued in favor of Serafin Hilario.
Copies of said TCTs are hereto
attached and marked as Annex G and H;

19.
Pablo Hilario and Serafin Hilario, in registering the subject lot
unto their own names, did this in complete and absolute disregard
of the rights of the plaintiffs as the lawful owner/transferee of a
6
portion of the land which plaintiffs lawfully acquired as stated in
paragraphs 4 and 6 of this complaint;
20.
Pablo
and
Serafin
is
charged
with
knowledge
of
the
transaction in paragraphs 4 and 6 of this complaint because they

live together with the plaintiffs on the original undivided land before
and during the transaction in paragraphs 4 and 6;
21.
Survey and Consolidation Plan (Annex A) was effectuated
with prior notice and consent of the defendant Gaudiosa and her
husband Pablo as well as spouses Serafin and Lourdes Hilario and
the latter
expenses
parties even failed to reimburse plaintiffs for the

defrayed
for
the
preparation
of
the
Survey
and
Consolidation Plan;
22.
Plaintiffs
NOTORIOUS,
were
in
PEACEFUL
OPEN,
and
CONTINUOUS,
IN
CONCEPTO
EXCLUSIVE,
DE
DUEO,
in
possession of the property since the Deed of Absolute Sale was

perfected and defendant has knowledge of the unregistered interest
of plaintiffs over the property subject of this case;
23.
Plaintiffs filed an adverse claim on March 24, 2006 before the
Register of Deeds of Manila pertaining to the TCT issued in favor of

Pablo Hilario. A copy of the Affidavit of Adverse Claim of the
plaintiffs (Pinagsamang Sinumpaang Salaysay) is hereto attached
and marked as Annex I while a copy of the title of Pablo Hilario
with the adverse claim of the plaintiffs is also attached hereto and
marked as Annex J and the adverse claim marked as J-1-a;
24.
Efforts towards an amicable settlement of each parties claim
over the land have been made and brought before the Barangay for
proper adjudication and arbitration.
to
acknowledge
the
right
of
However, defendants refused
plaintiffs
over
the
property,
NOTWITHSTANDING the actual knowledge of the defendants of the

sale and transfer of such property by the real owner/awardee
7
EMERENCIANA to herein plaintiffs.
Attached hereto is a copy of
Certificate to File Action marked as Annex K.

25.
Due to the defendants unjustified claim over the land legally
owned by the plaintiffs, the latter were constrained to file this

action in court.
The plaintiffs suffered anxiety, sleepless nights,
mental anguish and incurred litigation expenses for which the

defendants must be held liable.
PRAYER
WHEREFORE, premises considered, plaintiffs most respectfully
prayed of this Honorable Court that Judgment be rendered:
A. Declaring the Transfer Certificate of Title No. 176709 issued in
the name of Pablo Hilario null and void;
B. Ordering defendants to pay plaintiffs for moral damages for
the anxiety, sleepless nights and mental anguish suffered by
the latter ;
C. Ordering defendants to pay plaintiffs the amount of litigation
expenses and cost of suit.
Other reliefs and remedies just and equitable within the
premises are equally prayed for.
Manila, Philippines,
June 1, 2006
DANILO H. NUBLA
Plaintiff
TERESITA S.NUBLA
Plaintiff
8
Republic of the Philippines}
Manila
} s.s
VERIFICATION AND CERTIFICATION
We, DANILO NUBLA and TERESITA NUBLA, both of legal age,
married and residents of #1241-A Mataas na Lupa, Malate, Manila
after having been sworn to in accordance with law depose and state
that:
1. We are the plaintiffs in the above-entitled case.
2. We have caused the preparation of the foregoing Complaint.
3. We have read and fully understood the contents thereof and affirm
that the factual statements therein made are true and correct to the
best of our own personal knowledge and belief.
4. We have not commenced any action involving the same parties and
issues in the Supreme Court, Court of Appeal or any tribunal.
5. To the best of our knowledge, there is no case involving the same
parties and issues pending before the Supreme Court, Court of
Appeals or any other tribunal. Should we learn of the pendency of
such proceedings, we undertake to inform this Honorable Court
within five (5) days from such knowledge.
DANILO H. NUBLA
Affiant
TERESITA S.NUBLA
Affiant
SUBSCRIBED AND SWORN to before me this ______ day of

_______ 2006 in ________, Affiants who exhibited to me their
Community Tax Certificates:
CTC NO.
Issued at
Issued on
Danilo H. Nubla
22785776
Manila
5/09/2006
Teresita S. Nubla
22723208
Manila
2/06/2006
NOTARY PUBLIC
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of 2006.
List of Annexes
Annex 1 - Plan of Consolidation Subdivision Survey
Annex 2 Deed of Absolute Sale between DANILO and EMERENCIANA

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REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

DANILO H. NUBLA and

GAUDIOSA HILARIO and heirs

respectfully state that:

Pablo Hilario died on October 18,

for Serafin Hilario, also a son of

EMERENCIANA RIVERA. The last part will be sold to the plaintiffs.

consolidation/subdivision plan attached herewith and marked as

The plaintiffs also

shouldered the expenses which were supposed to be paid by

(P5,000.00), transferred and conveyed to the therein vendee,

After the subdivision and sale of the aforementioned land, the

Plaintiffs only lived on a temporary structure for shelter at

Only by late 1987 that plaintiffs were able to build a

permanent structure as a shelter for their family;

Considering that at those time, plaintiff Danilo was employed,

he would extend help to the family of defendants and also to

Sometime on December 2004, while plaintiffs, who are in

possession of the property sold to them by EMERENCIANA,

Plaintiffs went to the National Housing Authority (NHA) in

Management Department of NHA with only the attachment of a

Copies of said Letter, Deed of

In the Affidavit of Engineer Restituto Beltran which is hereto

attached, he stated the following: that he was the one who

EMERENCIANA RIVERA and the plaintiffs. Said affidavit

It can be gleaned from the waiver that the date of issue of

the Residence Certificate of EMERENCIANA (July 22, 1987) has the

Plaintiffs were very much surprised with said information

considering that their grandmother did not mention to them

Moreover, defendant Gadiosa only

Notwithstanding their knowledge of the sale between plaintiffs

and EMERENCIANA, Pablo Hilario and Serafin Hilario willfully,

stealth and strategy, subdivided the land awarded by NHA to

The Registrar of Deeds of Manila on

September 15, 1987 issued in favor of Pablo Hilario Transfer

Copies of said TCTs are hereto

attached and marked as Annex G and H;

Pablo Hilario and Serafin Hilario, in registering the subject lot

transaction in paragraphs 4 and 6 of this complaint because they

Survey and Consolidation Plan (Annex A) was effectuated

parties even failed to reimburse plaintiffs for the

possession of the property since the Deed of Absolute Sale was

Plaintiffs filed an adverse claim on March 24, 2006 before the

Register of Deeds of Manila pertaining to the TCT issued in favor of

Efforts towards an amicable settlement of each parties claim

However, defendants refused

NOTWITHSTANDING the actual knowledge of the defendants of the

Attached hereto is a copy of

Certificate to File Action marked as Annex K.

Due to the defendants unjustified claim over the land legally

owned by the plaintiffs, the latter were constrained to file this

The plaintiffs suffered anxiety, sleepless nights,

mental anguish and incurred litigation expenses for which the

SUBSCRIBED AND SWORN to before me this ______ day of

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