REPUBLIC OF THE PHILIPPINES

Regional Trial Court

Sixth Judicial Region
Branch 38
Iloilo City

ERICKSON MAPALAK,
Plaintiff

- versus - CIVIL CASE No. XXX-XXX

FOR: Action for Reformation
of Instrument, Specific
Performance, and Damages
SUSANNA BENTAJOSA,
Defendant

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

C O M P LA I N T

COMES NOW, the plaintiff, ERICKSON MAPALAK, through the

undersigned counsel and unto this Honorable Court, most respectfully states:

The Parties

1. That plaintiff, ERICKSON MAPALAK, is of legal age, a

Filipino citizen, single, and whose present address is located at 4th
Floor, Avida Tower 1, Ayala Business Park, Mandurriao, Iloilo City.
The plaintiff shall hereinafter be referred to as “Erickson”, or
simply, “the plaintiff.”

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2. That the defendant, SUSANNA BENTAJOSA, is also of legal
age, a Filipino citizen, single, and a resident of Brgy. San Rafael
Mandurriao, Iloilo City where summons and court processes may be
served. The defendant shall hereinafter be referred to as “Susanna”,
or simply, “the defendant.”

The Ultimate Facts

3. That Susanna, a land proprietor, owns a 5,000 square meter (sq

m) real property situated in Brgy. San Rafael Mandurriao, Iloilo
City. A highly urbanized and well- developed business district area
in the city.

4. That the abovementioned real property, for the whole area, is

identified to consist of parcels of land designated as lots number one
(1) to thirty-five (35) and is covered by Transfer Certificate of Title
No. 2189, a copy of land title certificate is hereto attached as “Annex
A.”

5. That on January 15, 2023, Susanna offered to sell portions of the

well-elevated land fronting business rotunda consisting of lots
designated as Lot No(s). 22 - 26 or covering 1,500 square meters (sq
m) more or less, to Erickson for a sum of TEN MILLION PESOS,
(Php 10,000,000.00).

6. That on February 10, 2023, Erickson signified his interest to

Susanna in acquiring the portions of land offered and accepted the
price equal to the latter’s first offer. The terms of payment consisting
of 50% upfront payment upon signing of the deed of absolute sale,
with the remaining balance to be paid in five (5) equal monthly
installments thereafter.
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7. That on February 27, 2023, the plaintiff and defendant both
agreed to engage the legal services of Atty. George Malipaton to
draft a Deed of Absolute Sale over the 1,500 square meter (sq m)
portion of the land.

8. On March 08, 2023, Mr. Mapalak and Ms. Bentajosa signed the
contract/ or Deed of Absolute Sale, a copy of said contract is hereto
attached as Annex B. The property sold in the deed is described as
follows:

“A portion of land from Lot No(s). 22-26, x x x, on its Northern part,

containing a surveyed and plotted area of ONE THOUSAND FIVE
HUNDRED (1,500) SQUARE METERS, more or less, xxx adjoining
Lot No(s). 27-35 Northwest, bounded on the Northeast by lot no(s).
16-21, and on the Southwest and Southeast by the remaining portion
of lot no(s) 1-15.”

9. That upon initial downpayment of FIVE MILLION PESOS (Php

5,000,000.00), Erickson took possession of the portions of the land
sold, constructed fences, installed scaffoldings, and hired a surveyor
to conduct survey plan of the area for titling.

10. That on April 20, 2023, however, Erickson discovered that the
portions of land described in the deed of sale refer to the lower land
portion of the total lot area, and not the land fronting the business
rotunda as previously contemplated both by Erickson and Susanna,
and which was later found to be covered by Lot No(s). 27-35.

11. That on April 25, 2023, Erickson confronted Susanna to amend

the deed of sale to reflect the correct area and location as agreed

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 upon, and expressed his sentiment of placing the remaining balance
on hold while the necessary amendments are yet to be effectuated.

12. That on April 30, 2023, Erickson initiated a talk with Susanna
and asked for the copy of the corrected deed of sale, only to be
dismayed by Susanna’s response the no corrected deed of sale shall
be executed until full payment of the purchase price is totally made.

Causes of Action

13. That by reason of equity the plaintiff hereby asserts his right to
an action for reformation of the deed of absolute sale as expressly
provided under the Article 1359 of the Civil Code, to wit:

“Article 1359. When, there having been a meeting of the minds of

the parties to a contract, their true intention is not expressed in the
instrument purporting to embody the agreement, by reason of
mistake, fraud, inequitable conduct or accident, one of the parties
may ask for the reformation of the instrument to the end that such
true intention may be expressed.”

14. That as a matter of course, the plaintiff is entitled to the right to

a specific performance by compelling the defendant to execute the
correct deed of absolute sale expressing their true intentions as to
the real subject matter of deed and to deliver the same in conformity
with law and equity.

15. That by reason of defendant’s unjustified acts as well as bad faith

and intentional refusal to fulfill her obligations, plaintiff is entitled
to the award of moral damages in the amount of FIFTY
THOUSAND PESOS (PHP 50, 000.00).

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 WITNESSES

The witnesses are the following:

1. Plaintiff Erickson Mapalak
2. Atty. George Malipaton
3. Engineer Mark Ubanon

SUMMARY OF WITNESSES’ TESTIMONY

Plaintiff Erickson Mapalak will testify that the original deed of

absolute sale executed by him, and the defendant contains a record
of erroneous lot numbers which do not pertain to the actual portions
of lot originally intended to be acquired by him. The plaintiff shall
likewise testify that the defendant adamantly refuses to correct the
erroneous entries made in the instrument.

Atty. George Malipaton will testify that he prepared, drafted, and

transmitted the deed of absolute sale to the parties and to attest that
the portion of land which both parties intended to acquire/sell is the
same real property in question.

Engr. Mark Ubanon will testify that he was engaged by the

plaintiff to conduct land surveying services to the subject lot area,
and will explain how he was able to determine the erroneous lot
numbers indicated in the deed of absolute sale.

DOCUMENTARY EVIDENCE
ANNEX A Transfer Certificate
of Title No. 2189

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 ANNEX B Copy of the Original
Deed of Absolute
Sale
ANNEX C Survey Plan of Engr.
Ubanon

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most

respectfully prayed of this Honorable Court that, after due hearing,
judgment be rendered against the defendant ordering the latter the
following:

1. To execute a new Deed of Absolute Sale reflecting the correct

area and location of the subject lots originally agreed upon by
parties, and;

2. To pay to plaintiff moral damages in the amount of FIFTY

THOUSAND PESOS, (P 50,000.00).

Other reliefs just and equitable are likewise prayed for.

Iloilo City, March 05, 2024

OLIVER MASUNGIT LAW

Counsel for the Plaintiff
3rd Floor, Sky Building, Valeria St., Iloilo city
Email address: omlaw@gmail.com

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 By:
Oliver M. Masungit
Attorney’s Roll No. 1234567
IBP O.R. No. 1234567 – January 2024 – Iloilo City
PRT No. 1234567 – January 5, 2024 – Iloilo City
MCLE Compliance Certificate No. Z-1234567
Valid Until November 17, 2027
Tel No. (033) 3239408
Email address:omlaw@gmail.com

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REPUBLIC OF THE PHILIPPINES )
CITY OF ILOILO ) S.S
x-----------------------------------------------------x

VERIFICATION
and CERTIFICATION OF NON-FORUM SHOPPING

I, ERICKSON MAPALAK, of legal age, single, Filipino and a

resident of 4th Floor, Avida Tower 1, Ayala Business Park, Mandurriao, Iloilo
City, after having been duly sworn in accordance with law do hereby depose
and state that:
I am the Plaintiff in the above-entitled case; I have caused the
preparation of the foregoing Complaint and I have read and understood its
contents and the same are true and correct to the best of my knowledge and
based on authentic records on hand.
Furthermore, in compliance with the Rules of Court, I hereby certify
that I have not commenced any other action or proceedings involving the same
issues in the Supreme Court, the Court of Appeals, or different divisions
thereof, or any other tribunal or agency; and that to the best of my knowledge,
no such action or proceeding is pending in the Supreme Court, Court of
Appeals, or any other tribunal or agency. If I learn that a similar action or
proceeding has been filed or is pending before the Supreme Court, the Court
of Appeals, or any other tribunal or agency, I shall notify the court, tribunal
or agency within five (5) days from notice.

AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affix my signature this 5th day

of March 2024 at Iloilo City, Philippines.

ERICKSON MAPALAK
Plaintiff

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SUBSCRIBED AND SWORN to before me this 5th day of March 2024 at
Iloilo City, Philippines, affiant personally appeared and exhibited to me his
Passport ID with Passport No. AZ1234567, valid until September 2027, as his
proof of identity, that he presented the foregoing Verification and
Certification of Non-Forum Shopping, signed the same in my presence and
affirmed and swore to me under oath the correctness of the allegations of the
same.

NOTARY PUBLIC
Doc. No.___________
123
ATTY. MIGS V. MAGLAON
Page No.___________
123 Notary Public
Commission No. 2024-032
Book No.__________
123 Roll No. 12345
IBP No. 12345
Series of 2024 PRT No. 0167542 01/05/2024
MCLE Compliance No. VII-000345
Iloilo City Philippines

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