Republic of the Philippines

REGIONAL TRIAL COURT

1st Judicial Region
Vigan City
Branch 1

GEORGE MENDOZA, CIVIL CASE NO. 2106

Plaintiff,

-versus- FOR:
QUIETING OF TITLE
AND/OR RECOVER OWNERSHIP,
CANCELLATION OF CERTIFICATES
OF TITLES, DAMAGES AND ATTORNEY’S FEES

ISOBEL VALDEZ

Defendant.

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

COMPLAINT

COMES NOW, Plaintiff through the undersigned counsel, unto this

Honorable Court, most respectfully alleges, THAT:

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 The Parties

1. Plaintiff, of legal age, Filipino, married, and a resident of

Narvacan, Ilocos Sur, has the capacity to sue and be sued and

may be served with notices and other court processes through

the undersigned counsel Attorney Jacqueline Avila of AVILA

Law Firm, Vigan City;

2. Defendant, of legal age, Filipino, widow, has the capacity to be

sued and to sue, and a resident Tamag, Vigan City, where she

may be served with summons, notices and other court

processes;

The Cause of Action

3. Plaintiff is the uncle of the defendant’s husband, the late Atty.

Alexis Valdez;

4. Defendant’s husband was the legal counsel of the plaintiff and

of the plaintiff’s entire corporation located at Vigan City, the

Vigan City Development Corporation;

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5. Sometime in March 8, 2017, plaintiff wanted to purchase a

parcel of land located at Tamag Hills and covered under TCT

No. T- 111-22 but due to the fact that plaintiff is permanently

residing in Narvacan, there were some legal inconveniences

which caused delay to the transaction;

6. Defendant’s husband then suggested that in order to expedite

the transaction of purchasing the said parcel of land, the

purchase must be placed under the name of his wife, the herein

defendant or under his name and the same be held in trust for

the plaintiff and under the clear agreement that later on the

said land would be reconveyed to the real owner, the herein

plaintiff;

7. Though at first, the plaintiff was reluctant to the said

suggestion, he conceded to the proposal under the assurance of

the defendant’s husband that a Special Power of Attorney

would be executed by the latter and by the defendant in favor

of the plaintiff authorizing the latter to sell the said parcel of

land and to receive the proceeds thereof. Attached as Annex

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 “E” hereof is the Special Power of Attorney dated March 18,

2017 and made an integral part of this hereof;

8. Thus, said transaction was pursued wherein the defendant’s

husband stood as the vendee with the purchase price furnished

by the plaintiff and under the agreement they had previously

agreed;

9. On April 12, 2017, the said transaction was registered with the

Registry of Deeds and subsequently the copy of the owner’s

duplicate copy of title was issued but the same was right away

delivered to the plaintiff and had never been in the possession

of the defendant nor by his husband and the corporation of the

plaintiff from then on took possession of the said parcel of land

and paid all real estate taxes that were due from the time of

acquisition up to the present;

10. TCT No. T-111-22 was later on subdivided into four parcels of

land covered under TCT Nos. 1021, 1215, 3016, and 1805. TCT

Nos. 1021 and 3016 and was conveyed to the plaintiff but the

remaining two were not due to the death of the defendant’s

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 husband. Attached as Annex “F” hereof is the Death Certificate

of Atty. Alex Valdez;

11. On May 16, 2017 another parcel of land located at Tamag Hills

and covered by OCT No. 1112 was purchased under the same

agreement. Thus, the title was registered to the Atty. Alex

Valdez as the trustee of the plaintiff;

12. The herein defendant who had long been separated from her

husband even before the latter’s death filed a petition for the

issuance of new owner’s duplicate copy of TCT No. T-111-22

alleging that the said duplicate copy is lost on September 21,

2015. Attached as Annex “A” hereof is the machine copy of the

said petition;

13. Plaintiff being the real owner of the said land which is only

held in trust by the defendant and having the possession of the

owner’s duplicate copy of TCT No. T-111-22 since it was issued

by the Registry of Deeds of Vigan City, opposed the said

petition on the ground that the same is not lost. Attached as

Annex “G” hereof is the copy of the said Opposition;

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 14. Plaintiff is constrained to secure the services of counsel to
enforce and protect his rights and have incurred Php 10,000
for acceptance fee.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully
prayed that, after hearing, judgment be rendered:

Declaring the plaintiff as the lawful owner of TCT No. T-111-22

situated at Tamag Hills, Tamag, Vigan City;

Removing all the clouds hovering on the title of the plaintiff

particularly the malicious claim of the Defendant over it;

Canceling the title namely TCT No. T- 111-22 in the name of

ISOBEL VALDEZ to give way to the processing of the Certificates
of Titles in the name of the plaintiff after he has complied with
the requirement of registration in the Registry of Deeds;

Ordering the Defendant to sign whatever necessary documents to

effect transfer of title of the land to the Plaintiff;

Ordering the Defendant to pay Plaintiff’s attorney’s fees in the

amount of Php 10,000 and expenses of the suit; and

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Plaintiff likewise prays for such other reliefs that are deemed just
and equitable under the premises.

Vigan City, Ilocos Sur, June 21, 2021.

ATTY. JACQUELINE S. AVILA

Counsel for Plaintiff
Roll No. 15099
PTR No.64643-06-21-21 Vigan
IBP No.23563- 06-21-21 Vigan
MCLE Compliance No. 213657896
Contact No. +639294174504
SBC Building, Vigan City, Ilocos Sur

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 V E R I F I C A T I O N/ C E R T I F I C A T I O N

I, GEORGE MENDOZA, of legal age, Filipino, married and a

resident of Narvacan, Ilocos Sur, after having been duly sworn to in
accordance with law, hereby depose and say:

1. That I am the Plaintiff in the above-entitled case;

2. That I have caused the preparation and filing of the same;

3. That all the facts alleged therein are true and correct on my own
knowledge and belief and authentic records;

4. That I have not heretofore commenced any other action or

proceeding including the same issues in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;

5. That no such action or proceeding is pending in the Supreme

Court, the Court of Appeals, or different Division thereof, or any
other tribunal or agency;

6. That if there is such action or proceeding we shall state the status

thereof;

7. That should I thereafter learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, the Court
of Appeals, or different Division thereof, or any tribunal or
agency, we will undertake to promptly inform the aforesaid
courts and such other tribunal or agency of that fact within five
(5) days therefrom.

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 IN WITNESS WHEREOF, I have hereunto affixed my signature
this 21st day of June, 2021 at Vigan City, Ilocos Sur, Philippines.

GEORGE OMALLEY
Affiant

SUBSRIBED AND SWORN to before me this 21st day of June,

2021 at Vigan City, Ilocos Sur, Philippines.

ATTY. JACQUELINE S. AVILA

Counsel for Plaintiff
Roll No. 15099
PTR No.64643-06-21-21 Vigan
IBP No.23563- 06-21-21 Vigan
MCLE Compliance No. 213657896
Contact No. +639294174504
SBC Building, Vigan City, Ilocos Sur

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