REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th JUDICIAL REGION
Branch 35
Davao City

ABDUL DIAKOL,
Plaintiff, Civil Case No.: 23411

-versus-

JIM SALSALANI, FOR: Reformation of

Defendant, Documents, Or Declaration
of Nullity of Documents;
AKHMED MUHAMMED, Writ of Preliminary
Intervenor. Injunction with TRO,
x-----------------------------------------/ Attorney’s Fees and
Damages

COMPLAINT-IN-INTERVENTION

COMES NOW, INTERVENOR, through the undersigned counsel, unto the

Honorable Court, respectfully states: That -

1. Intervenor, AKHMED MUHAMMED, single, of legal age, Filipino

with contact number 222 9090 and residing at 12 Obrero, Davao
City, where he may be served with notices, orders and other Court
processes through undersigned counsel;

2. Plaintiff may be served with notices and other processes of this

Honorable Court through its Counsel on record;

3. Likewise, Defendant may be served with notices and other processes

of this Honorable Court through its Counsel on record;

4. The above-mentioned Plaintiff filed the above-entitled case against

the Defendant for Reformation of Documents, Or Declaration of
Nullity of Documents; Writ of Preliminary Injunction with TRO,
Attorney’s Fees and Damages. With the following prayers:

a. Reformation of the Memorandum of Agreement and the two

Deed of Absolute Sale with Option to Repurchase as an
equitable mortgage or to declare the document as void for
lack of meeting of the minds;
Page 1 of 4
 xxx xxx xxx

All other reliefs just and equitable under the circumstances

are likewise prayed for.

5. The basic allegations of the Plaintiff in the Complaint which are

directly and indirectly affects the right of the Intervenor are as
follows:

a. That sometime on November 2019, Plaintiff and Defendant

negotiated to free Plaintiff’ properties from bank foreclosure
wherein the parties entered into a Deed of Absolute Sale with
Option to Purchase, Memorandum of Agreement and a Contract
of Loan with Promissory Note and Deed of Real Estate
Mortgage of Parcels of Land and Improvements;

b. On December 2019, Plaintiff Ire surprised when Defendant sent

the former a Demand Letter citing that they have breached the
Contract of Loan with Promissory Note and Deed of Real
Estate Mortgage of Parcels of Land and Improvements;

c. Thereafter, Defendant have represented themselves as the new

owners of the property to the tenants of Plaintiff that is sitting
on the property which is the subject of the two (2) Deed of Sale
with Option to Purchase, causing confusion and prejudice.

6. The Intervenor are one of the purchasers of the rights to the units in
the Building located at Davao City, specifically described as 100
sq.m. in area. The Intervenor purchased the same from the Plaintiff ,
sometime on January 2020, and thereafter on January 30, 2020 a
Deed of Sale was issued, the same is attached to the Motion to
Intervene, marked as Annex “A”

7. Upon approval of the Complainant-Corporation through Erick Inok,

Intervenor lease out the property with the monthly rental rate of
P10,000 payable to the Intervenor. Herein attached is a copy of the
Lease Contract above-mention marked as Annex “B”;

8. Thereafter refused to pay the Intervenor justifying that she received

notice from the Defendant, claiming that the latter is the new owner
and that the rentals shall be remitted to them. Herein attached is a
copy of the above-mentioned notice, marked as Annex “C”;

9. Defendant, up to the present, is exercising ownership over H-Mall

including the units therein, by employing security guards to guard
the premises and collecting rents from the Lessee of the different
units including from the Intervenor’s Lessee

Page 2 of 4
 10. The Intervenor has a legal interest in the matter in litigation, or in
the success of the complaint, or is so situated as to be adversely
affects the right of the Intervenor considering that H-Mall are one of
the properties subject to this case and the acts of the Defendant has
intercede over the right of the Intervenor;

PRAYER

WHEREFORE, in view of the foregoing, Intervenor most respectfully prays

to this Honorable Court to order the:

1. INTERVENOR has a right over the subject property in Davao City;

and

2. DEFENDANT to refrain from claiming rentals from the occupants.

Other relief just and equitable under the premises are likewise prayed
for. Respectfully submitted this January 30, 2020 at Davao City,
Philippines.

EMILIO SORIANO
4321 suite, Agdao, Davao
PTR. No. 99999/01-08-21
Roll of Atty.’s No. 99999
MCLE No. 3847, April
4, 2018
Counsel for Intervenor

Republic of the Philippines)

City of Davao ) s.s.

CERTIFICATION AND VERIFICATION

I, AKHMED MUHAMMED, single, of legal age, Filipino and are

residing at Davao City, after having been duly sworn to in accordance with
law hereby depose and state that:

Page 3 of 4
 1. I, the Intervenor in the above-entitled case and have caused the
preparation of the foregoing petition. I have read the same and
the allegations thereof are true and correct to the best of our
personal knowledge and based on authentic records;

2. I hereby certify that I have not commenced any other action or

proceeding involving the same matters or issues before the
Supreme Court, the Court of Appeals or any divisions thereof,
or with any tribunal or court; that should I thereafter learn that a
similar action or proceeding has been filed or is pending with
the Supreme Court, the Court of Appeals or any division
thereof, or any tribunal or court, I undertake to report such fact
within five (5) days from knowledge thereof to the court where
this pleading is filed or pending.

IN WITNESS WHEREOF, I have hereunto set our hand this January 30,
2020 at Davao City, Philippines.

Affiant
SSS ID no. 2341
Issued at: Davao, Philippines
Issued on: January 09, 2018

SUBSCRIBED AND SWORN before me, this January 30, 2020, at Davao
City, Philippines affiants exhibited to me the above-mentioned identification
cards bearing their photo and signature as proof of their identity.

Doc. No. _____; EMILIO O. SORIANO

Page No. _____; NOTARY PUBLIC
Book No. _____; Until Dec. 31, 2022
Series of 2019. Serial No. 2021-999-9999
PTR. No. 99999/01-08-21
Roll of Atty.’s No. 99999
Notarial Commission No. 2019-080-2022
IBP. Lifetime Roll No. 99999

Page 4 of 4