Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT

Branch 33

Iloilo City

ELIZABETH L. UY,  CIVIL CASE No: 2020-03-123

Plaintiff,

-versus- For:

Quieting of Title/

MELNIE E. TIONGZON,  Removal of a Cloud

Defendant. Recovery of Possession

x---------------------------------x

COMPLAINT

COMES NOW, Plaintiff, through the undersigned counsels, and to this

Honorable Court, most respectfully allege:

1. That, plaintiff Elizabeth L. Uy is of legal age, married, Filipino,

and a resident of Barangay Aganan, Pavia, Iloilo, where she may be served
with summons and other processes of this Honorable Court;

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 2. That, plaintiff is the only living sibling of Eleonor L. Uy who died
in February 10, 2019, single, without issue, intestate, and without debt,
leaving behind the following property;

TRANSFER CERTIFICATE OF TITLE

No. T-868549

“A PARCEL OF LAND (Lot 134-A, Psd-07-1289, being a portion of

Lot 21, Block 41, Psd-07-021333) situated in Barangay Aganan, Pavia,
Iloilo, Island of Panay xxx; Containing an area of FIVE HUNDRED FIFTY
(550) SQUARE METERS, more or less xxx.”Together with the house
thereon; Copies of the said Transfer Certificate of Title No. T-868549, its
Tax Declaration, and Tax Declaration for the house thereon are hereto
attached as Annexes A, B and C, respectively, and considered as integral
parts of the Complaint;

3. That defendant is of legal age, Filipino, and a resident of Balabag,

Pavia, Iloilo, Philippines where she may be served with summons and other
processes of this Honorable Court;

4. That plaintiff has considered defendant as member of her family

because she is the sibling Rowena S Tiongzon, best friend of Eleonor L. Uy;

5. That in March 2019 after the internment of Eleonor L. Uy,

Plaintiff received from the Barangay Secretary of Barangay Aganan, Pavia,
Iloilo a copy of an alleged Deed of Absolute Sale purportedly signed by
Eleonor L. Uy in favor of defendant over the aforesaid property of Eleonor
L. Uy and supposedly notarized by Attorney Nicolas D. Corneja, as Doc No.
122, Page No. 23, Book No. IX Series of 2019 and dated January 7, 2019, a
copy thereof is hereto attached as Annex D;

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 6. That two days later defendant arrived and demanded to take
possession of the house and lot of Eleonor L. Uy;

7. Plaintiff referred the matter to a lawyer and discovered the

following signs of fraud and discrepancies;

a. The alleged signature of Eleonor L. Uy is not her, the

authenticity of which plaintiff specifically denies;

b. The alleged Deed of Absolute Sale contains 2 pages but the

signatures on page one do not appear on page two and those on
page two do not appear on page one; and

c. The stated purchase price is unreasonably low for its size and
value.

8. That, thereafter plaintiff referred the alleged Deed of Absolute

Sale to Attorney Nicolas D. Corneja who denied notarizing it and that he
issued a Certificate denying the authenticity of of his alleged signature. A
copy of the Certificate if hereto attached as Annex E and considered an
integral part of this Complaint;

9. That, with the foregoing developments under paragraph 7 and 8,

plaintiff filed a complaint for falsification of document and thereafter
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secured a Certificate to File Action, a copy thereof attached as Annex F and
considered as an integral part of this Complaint;

10. That through unlawful scheme defendant has been depriving

plaintiff of the rightful possession and enjoyment of the house and lot of his
sister Eleonor L. Uy, which situation is unfair, unjust, unlawful, and
intolerable and must be stopped and remedied by annulling the Deed of
Absolute Sale, quiet the title of Eleonor L. Uy to the subject properties and
to remove a cloud thereon;

11. That, to protect the right ad interest over the subject property,
plaintiff was constrained to hire services of the undersigned counsel and
obligated to pay attorney’s fee of Php 50,000 and appearance fee of Php
2,000 every hearing and to incur other litigation expenses of at least Php
5,000.

PRAYER

WHEREFORE, plaintiff respectfully pray that judgment be rendered:

1. Quieting the title of Eleonor L. Uy over Lot 134-A, Psd-07-1289,

being a portion of Lot 21, Block 41, Psd-07-021333) situated in Barangay
Aganan, Pavia, Iloilo, Island of Panay and covered by Certificate of Title
No. T-868549;

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 2. Annulling the alleged Deed of Absolute Sale and removing it as a
cloud in the title of Eleonor L. Uy;

3. Restoring the possession and control of the said Lot 134-A, and the
house thereon to Eleonor L. Uy through plaintiff, her legal heir;

4. Ordering defendant to pay plaintiff attorney’s fee of Php 50,000

appearance fee of Php 2,000 for every hearing, ad other expenses of
litigation of at least Php 5,000 and to pay costs.

Barangay Aganan,

Pavia, Iloilo

March 1, 2020.

ANGELYN P PRESIDENTE

Counsel for Plaintiff

Gen. Macario Peralta Jr Drive

Iloilo City

PTR No. 4600387, Iloilo City, 1/9/19

IBP No. OR 1023700, Iloilo City, 6/23/18

MCLE Exemption No. VI-00067

Valid Until May 18, 2023

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 Roll No. 20778

Tel. No. 3376110

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, ELIZABETH L. UY, of legal age, Filipino, and resident of Barangay

Aganan, Pavia Iloilo, Philippines, after having been sworn according to law,
depose and say;That, I am the plaintiff in the above-entitled case and has
cause the preparation of this Complaint; that I have read and understood its
content which are true and correct of my personal knowledge and/or
authentic records;

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 That, I have not commenced any action or proceeding involving the
same issue in the Supreme Court, the Court of Appeals, or any other tribunal
or agency; that to the best of my knowledge no such action or proceeding
has been filed or is pending before these courts or tribunal or agency, I
undertake to report the fact to this Honorable Court within five (5) days
therefrom.

In witness whereof, I set my hand this __________ in Iloilo City,

Philippines

ELIZABETH L. UY

Affiant

TIN ID : 440-012-567

Iloilo City

SUBSCRIBED AND SWORN TO before me this _________ in Iloilo

City, Philippines

Doc No. 17

Page No. 17

Book No. 4

Series of 2020

ATTY. LAWRENCE JOY CUENCA

Notary Public

March 30, 2020

PTR No. 8590387, Iloilo City, 1/10/19

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 IBP No. OR 023100, Iloilo City, 1/12/19

“ANNEX A”

TRANSFER CERTIFICATE OF TITLE NO. T-868549

(Below document is attached for academic purposes only)

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“ANNEX B”

TAX DECLARATION OF THE SUBJECT PROPERTY (LOT)

(Below document is attached for academic purposes only)

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10
“ANNEX C”

TAX DECLARATION OF THE SUBJECT PROPERTY (HOUSE)

(Below document is attached for academic purposes only)

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“ANNEX D”,

NOTARIZED DEED OF ABSOLUTE SALE

“ANNEX D”

NOTARIZED DEED OF ABSOLUTE SALE

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 DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED of ABSOLUTE SALE is made, executed and entered into by;

ELEONOR L. UY, of legal age, single, Filipino, and with residence at

Brgy. Aganan, Pavia Iloilo, herein referred to as the “SELLER”;

-and-

MELNIE E. TIONGZON, Filipino, and with residence at Brgy.

Balabag, Pavia Iloilo, herein referred to as the “BUYER”.

WITNESSETH;

WHEREAS, the Seller is the registered owner of a parcel of land with

improvements located at Barangay Aganan, Pavia, Iloilo, Island of Panay
and covered by Transfer Certificate of Title No. T-868549 , containing an
area of FIVE HUNDRED FIFTY (550) SQUARE METERS, more or less or
more particularly described as follows:

Transfer Certificate of Title

No. T-868549

“A PARCEL OF LAND (Lot 134-A, Psd-07-1289, being a portion of

Lot 21, Block 41, Psd-07-021333) situated in Barangay Aganan, Pavia,
Iloilo, Island of Panay xxx; Containing an area of FIVE HUNDRED FIFTY
(550) SQUARE METERS, more or less xxx.”Together with the house
thereon;

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 WHEREAS, the Buyer has offered to buy and the Seller agreed to sell
the above-mentioned property for the amount of Eight Hundred Twenty
Thousand Pesos (Php 820,000.00) in Philippine currency;

NOW THEREFORE, for and in consideration of the amount of Eight

Hundred Twenty Thousand Pesos (Php 820,000.00) in Philippine currency,
hand paid by the vendee to the vendor, the Seller do hereby SELL,
TRANSFER and CONVEY by way of Absolute Sale unto the said Buyer,
his heirs and assigns, the certain parcel of land together with all the
improvements found thereon, free from all liens and encumbrances of
whatever nature including real estate taxes as of the date of this sale.

ELEONOR L. UY MELNIE E TIONGZON

Seller Buyer

SIGNED IN THE PRESENCE OF:

OLIVER M. BORROMEO JOSEFE S. PARCELLANO

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 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF ILOILO ) SS

X---------------------------------X

BEFORE ME this _______ in Iloilo City personally appeared the above-

named persons with their respective valid proofs of identification appearing
below their signatures known to me be the same persons who executed the
foregoing instrument and acknowledge to me that the same are their own
free and voluntary act and deed.

IN WITNESS MY HAND AND SEAL on the date and place above

written.

Doc No. 122

Page No. 23

Book No. 9

Series of 2019

ATTY. NICOLAS D. CORNEJA

Notary Public

January 7 , 2020

PTR No. 8590387, Iloilo City, 1/10/19

IBP No. OR 023100, Iloilo City, 1/12/19

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“ANNEX E”,

DENIAL OF AUTHENTICITY OF SIGNATURE BY

ATTY. NICOLAS D. CORNEJA

CERTIFICATION

This is to certify that the Deed of Absolute Sale referred to me by

Elizabeth L. Uy on the Case Quieting of Title/ Removal of the Cloud and
Recovery of Possession lodged in Branch 33 of the Iloilo Regional Trial
Court does not bear authentic signature.

I directly deny the authenticity of my signature on the said Deed of

Absolute Sale.

ATTY. NICOLAS D. CORNEJA

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ANNEX F”

CERTIFICATION TO FILE ACTION

(Below document is attached for academic purposes only)

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