PAPER # 3

RELEVANT FACTS

Domingo Daleon, the true owner of the 2 parcels of land located at Barangay
Gulang-gulang, Lucena City, initially registered as Transfer Certificates of
Titles Numbers T-58659 a parcel of land (Lot 5, consolidation of Lot 1 and
2) with an area of 679 square meters and T-58080 with an area of 810 square
meters and titled under the name of Asuncion Daleon.

According to Mr. Daleon, he is the rightful owner of the subject properties

and that he is Asuncion Daleon's lone sibling and heir since she passed
away single without a child and parents.

The defendant Virginia Tresmonte, who also asserts ownership of the

subject properties, explicitly asserts that she is the legitimate daughter of
Asuncion Daleon, which Domingo Daleon denied by claiming that Virginia
is an adopted child and that no official record can vouch for the fact that she
is Asuncion’s biological daughter.

Mr, Daelon asserts that during the trial Ms. Virginia Tresmonte failed to
deliver the proof or record that she is actually the biological daughter of
Asuncion Daleon as recorded in the Transcript of Stenographic Notes taken
down during the hearing at Branch 58, Regional Trial Court, Lucena City,
on June 22, 2010 and January 11, 2011.

And Virginia Tresmonte with the aid of Margarita Durante who with by
means of deceit and conspiracy executed a Transfer of Rights thru “Self –
Adjudication over the subject properties which was conveyed by Transfer
Certificates of Title Numbers T-78367, T-78369 and T-78370.

The petitioner moved for the Annulment/Cancellation of Titles, Recovery of

Possession with Specific Damages.

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 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
4TH JUDICIAL REGION
LUCENA CITY
BRANCH ___

DOMINGO DALEON
Plaintiff Criminal Case No. 46-463

For : ESTAFA THRU FALSIFICATION

OF PUBLIC DOCUMENTS
Versus

VIRGINIA TRESMONTE,
MARGARITA DURANTE
Defendants

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

JOINT COUNTER - AFFIDAVIT

We, Virginia Tresmonte and Margarita Durante, both Filipino, of legal age,
and residents of Barangay Gulang-gulang, Lucena City, after being duly
sworn, depose and say:

1. We are the respondents in the Criminal Complaint for Estafa thru

Falsification of Public Documents as Criminal Case No. 46-463.
2. We have received a copy of the complaint filed by Mr. Domingo
Daleon, accusing us of Estafa thru Falsification of Public Documents.
3. We vehemently deny under oath the allegations made and we are
innocent the charges of Estafa and Falsification of Public Documents.
The truths of the matter are stated hereunder:
4. That I Virginia Tresmonte is the lawful biological daughter of
Asuncion Daleon thru an Authenticated Adoption Paper and Birth
Certificate filed in the Civil Registrar of Lucena City witnessed by
Daryl Santiago, Civil Registar.
5. That I Virginia Tresmonte is the rightful owner Transfer Certificates
of Title Numbers T-78367, T-78369 and T-78370. The property was
done through a valid and genuine Transfer of Rights thru a “Self –
Adjudication.”
6. That we are executing this Counter-Affidavit to attest to the
truthfulness of the foregoing statements.

WHEREFORE, premises considered, We, respectfully pray that this

Counter-Affidavit be admitted and considered and that the complaint filed
against us be dismissed for lack of merit.

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SUBSCRIBED AND SWORN to before me this 11th day of January,
2011 in the City of Lucena.
Affiant exhibited to me their Passport ID Nos. P234566T and
P3426877T as competent proof of their identities.

Doc. No. _____

Page No.______
Book No. _____
Series of ______

Atty. JOHN F. LACSAMANA

Notary Public
PTR NO.____________
IBP NO.___________

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B. KNOWING THE APPLICABLE LAW OR RULE

1. For the Criminal Case filed by Domingo Daleon against Virginia

Tresmonte and Margarita Durante, Article 315 of the Revised
Penal Code is applicable. It reads:

Article 315. Swindling (estafa). – Any person who shall

defraud another by any of the means mentioned hereinbelow;

“ Any person who, pretending to be owner of any real property,

shall convey, sell, encumber or mortgage the same”

2. For the Civil Case filed by Domingo Daleon against Virginia

Tresmonte and Margarita Durante, Article 476 in Chapter 3
Quieting of Title of the Civil Code of the Philippines is
applicable. It reads:

Art. 476. Whenever there is a cloud on title to real property or

any interest therein, by reason of any instrument, record, claim,
encumbrance or proceeding which is apparently valid or
effective but is in truth and in fact invalid, ineffective, voidable,
or unenforceable, and may be prejudicial to said title, an action
may be brought to remove such cloud or to quiet the title.

An action may also be brought to prevent a cloud from being

cast upon title to real property or any interest therein.

C. GETTING INTO THE ISSUES

1. Here are some legal issues that needs to be resolved by the Judge in
the Estafa Case filed by Domingo Daleon against Virginia Tresmonte
and Margarita Durante;

a. Whether the plaintiff Domingo Daleon has sufficient evidence

to prove that the defendants guilt beyond a reasonable doubt
regarding the deception made by defrauding their ownership of the
property.
b. Whether the sentence imposed by the court is appropriate and
proportionate to the offense committed.

2. Here are some legal issues that needs to be resolved by the Judge
in the Civil Case filed by Domingo Daleon against Virginia
Tresmonte and Margarita Durante;

a. Whether the evidence presented by the defendants such as the

adoption papers and the self adjudication was obtained legally
and is admissible in court.
b. Whether Virginia Tresmonte was forced or compelled to
commit the alleged offense.