Republic of the Philippines

15 MUNICIPAL CIRCUIT TRIAL COURT

TH

(GUIMBAL-IGBARAS-TUBUNGAN-TIGBAUAN)
Guimbal, Iloilo

HEIRS OF HILARIO
BECERA namely:
ADELAIDA B. TASIO,
JOSEPH G. BECERA JR.,
LUCIA NONO, HERLY B.
BLANCO, MACARIA L.
BECERA, AILEEN B.
GAYORGOR AND MARIA
L. BECERA,
Plaintiffs,

-versus- Civil Case No. ______________

DIO ROSE P. BECERA and For : Annulment of Contract of

LEONISA H. HILISAN, Lease and Damages
Defendants.
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PETITION

COME NOW, PLAINTIFFS, through the Public Attorney’s Office,

unto this Honorable Court, respectfully states:

1. That Plaintiffs, ADELAIDA B. TASIO, JOSEPH G. BECERA

JR., LUCIA NONO, HERLY B. BLANCO, MACARIA L. BECERA,
AILEEN B. GAYORGOR AND MARIA L. BECERA, are all of legal
ages, Filipinos and residents of Barangay Gerona-Gimeno, Guimbal, Iloilo
where they may be served with notices, orders, and other processes of this
Honorable Court;

2. That Joseph G. Becera, Jr. is the attorney-in-fact of the plaintiffs.

Attached herewith is the Special Power of Attorney of as Annex “A”;

3. That Plaintiffs are indigent clients of the Public Attorney’s Office.

Attached herewith are the Certificates of Indigency of Plaintiffs issued by
the Office of the Punong Barangay of Barangay Gerona-Gimeno, Guimbal,
Iloilo and the Certificates of Indigency issued by the Public Attorney’s
Office as Annexes “B” to “I”, respectively;

4. That Defendant, DIO ROSE P. BECERA, of legal age, single,

Filipino and resident of Barangay Nalundan, Guimbal, Iloilo where she may
be served with notices, orders, and other processes of this Honorable Court;
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 5. That Defendant, LEONISA H. HILISAN, of legal age, single,
Filipino and resident of Barangay Tigum, Pavia, Iloilo where she may be
served with notices, orders, and other processes of this Honorable Court;

6. That Defendant Dio Rose P. Becera is the niece of plaintiffs being

her mother, Rosario P. Becera, is the sister of plaintiffs;

7.That Plaintiffs are the surviving and legal heirs of Hilario Becera
who is the declared owner of Lot No. 4702 with an area of 9,189 square
meters with an assessed value of Twenty-Seven Thousand Two Hundred
Forty Pesos (P27,240.00) located at Barangay Nalundan, Guimbal, Iloilo
under Tax Declaration No. 19-0020-00183 with PIN No. 041-19-0020-006-
02. Attached herewith is the Tax Declaration No. 19-0020-00183 as Annex
“J”;

8. That sometime in January of 2018, Defendant Dio Rose Becera

approached one of the plaintiff, Maria Becera, that she knew someone who
wants to lease their property. Thereafter, plaintiff Maria Becera informed the
other plaintiffs who were also amenable;

9. Years passed, defendant Dio Rose Becera did not update her aunts
and cousins as to the status of the person she knew who was interested in
leasing their property;

10. That it was only in September 2022 that Plaintiffs found out that
someone was using their land when one of their nephew, ___________,
went to the subject property and a sign was placed stating, “No Trespassing,
No Entry.”;

11. That thereafter, they confronted defendant Dio Rose Becera and it
was only last September 6, 2022 that Defendant Becera gave the copy of the
Contract of Lease dated February 1, 2018 executed by Dio Rose P. Becera
and Leonisa H. Hilisan. Moreover, defendant Becera told plaintiffs that she
has an authority signed by them. Hereto attached is the copy of the Contract
of Lease as Annex “K” and the letter of authority as Annex “L”;

12. That plaintiffs did not sign any document giving the authority to
defendant Dio Rose Becera to enter into a Contract of Lease to Defendant
Leonisa H. Hilisan nor to anyone;

13. That strict scrutiny of the document alleging that plaintiffs gave
their authority to Defendant Becera shows that it is a forgery and
unenforceable as signatures of the plaintiffs are very different as to their
signatures in their valid identification cards. Attached are the copies of their
valid government identification cards as Annexes “M” to “S”, respectively;

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 14. That defendant Dio Rose Hilisan has been receiving the rent from
Defendant Leonisa Hilisan for almost 5 years already without giving any
share to the plaintiffs;

15. That to attempt to settle the case amicably, plaintiffs required the
presence of Defendant Dio Rose Becera before the Office of the Lupong
Tagapamayapa but to no avail. Hereto attached is the Certificate to File
Action as Annex “T”;

16. That the Contract of Lease is invalid and unenforceable as

Defendant Dio Rose P. Becera has no authority to enter into an agreement
involving the common property of;

18. That Civil Code of the Philippines provides:

Art. 1001. Should brothers and sisters or their children

survive with the widow or widower, the latter shall be entitled
to one-half of the inheritance and the brothers and sisters or
their children to the other half.

19. That the actions of the defendants intentionally disinherit the

plaintiffs as compulsory heirs of their mother, Fenina Garferio Gepanayao;

20. That as a result of the acts of Defendants, Plaintiffs were forced to

institute the instant case which would entail them to spend litigation
expenses in the sum of not less than Ten Thousand Pesos (P10, 000.00);

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

that judgment be rendered:

1. ANNULLING the Deed of Extra-Judicial Adjudication and Waiver

of Rights dated November 24, 2020;

2. ANNULLING the Deed of Absolute Sale dated January 11, 2021;

3. ORDERING Defendants Spouses Spouses Jacqueline M. Jare and

Josedino J. Jare to reconvey the subject lot to the heirs of Fenina Garferio
Gepanayao;

4. ORDERING Defendants to pay P10, 000.00 as litigation expenses;

Plaintiffs further pray for such other reliefs and remedies deemed just
and proper under the premises.

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Respectfully submitted, 31 August 2022, Guimbal, Iloilo, Philippines.

PUBLIC ATTORNEY’S OFFICE

Department of Justice
Guimbal Iloilo District Office
Escanlar Bldg., Gerona, Cor. Lakandula St.,
Guimbal, Iloilo

By:

JULIE ANPRILYN R. SALILI

Public Attorney II
Roll No. 67273
IBP No. 198146, Iloilo City
MCLE Compliance: VI- 0027830
PTR Exempt