Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch ___
Ramon Hall of Justice
Cagayan de Oro City

ROBERTO PULONG,
Plaintiff,

-versus- Civil Case No. _____

For: Reconveyance of Property
with Cancellation of Transfer
Certificate of Title
HEIRS OF LUIS SALVADOR
and the REGISTER OF DEEDS OF
El Salvador City Misamis Oriental
Defendants.
x-------------------------------------------------x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is a Filipino citizen of legal age, single, and resident of 123 MV

Xavier Estates, Carmen , Cagayan de Oro City where he can be served

with summons and other court processes;

2. Defendants are heirs of the Luis Salvador whose present whereabouts

we can no longer locate

3. That we have exerted diligent efforts to locate and find the whereabouts

of the heirs of Luis Salvador but our efforts proved to be futile

4. Herein Plaintiff is the son of Spouses MANUEL PULONG and SUSAN

PULONG and Susan Pulong, who were the registered owners of parcel

of land in El Salvador City City, then covered by Transfer Certificate of

Title No. RT-407(4548) of the Registry of Deeds of El Salvador City, and

more particularly described as follows:

5. Defendant Register of Deeds of El Salvador City is a government agency

which is the repository of records affecting properties and is tasked with

registration, cancellation, and transfer of titles thereof. Defendant

Register of Deeds may be served with summons and other processes of

this Honorable Court in the Office of the Registry of Deeds of Iloilo

Province located at Muelle Loney, Iloilo City, Iloilo;

THE CAUSES OF ACTION

FOR RECONVEYANCE OF PROPERTY WITH CANCELLATION OF

TRANSFER CERTIFICATE OF TITLE

6. The plaintiff is the only son and legal heir of the deceased spouses

MANUEL PULONG and SUSAN PULONG who have bought a parcel of

land in El Salvador City, containing an area of FIVE (5) HECTARES, more

or less, identified as Lot No. 1234-A, Psd-23456, and covered under

Transfer Certificate of Title No. T-19890, copy of Transfer Certificate of

Title is hereto attached as Annex “A”;

7. After the death of his parents, plaintiff was already residing and working

as an engineer in Los Angeles, California, USA for 9 years until he

decided to permanently reside in the Philippines in April 2024 ;

8. The petitioner not having any documents to prove ownership of the land

visited the Registry of Deeds to verify and discovered that

abovementioned property was already owned and possessed by in the

name of Luis Salvador.

9. Defendant ,whom upon verification by the petitioner, died long ago, he

was married and had children but the whereabouts are unknown.

10.That the abovementioned lot is subject of Deed of Absolute Sale dated

December 5, 2007 signed by Spouses Pulong TOTI SOTTO in favor of his

brother-in-law, defendant JOEY DE LION. A photocopy of the deed of

absolute sale is attached as Annex “D”;

11. That Due to the consensual nature of a contract of sale, even a verbal

sale of real property would be valid subject only to the requirements

under Article 1403 of the Civil Code or the Statute of Frauds. When

properly enforceable under said Statute, however, a sale may be proven

through any evidence, even oral, of prior, subsequent, and

contemporaneous acts of the parties indicating their intention to enter

into a contract of sale. In fact, the Court has even gone so far as to say

that "once consummated, [a sale of land] is valid regardless of the form

it may have been entered into. For nowhere does law or jurisprudence

prescribe that the contract of sale be put in writing before such contract
 can validly cede or transmit rights over a certain real property between

the parties themselves

12. Accordingly, the new Transfer Certificate of Title No. T-670001 in the

name of Luis Salvador declared under Tax Declaration No. 12345678

with market value of Php 5,000,000.00 and assessed value of Php

350,000.00 was issued. The Tax Declaration is attached as Annex “E”;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

from this Honorable Court that, after due notice and hearing, judgment be

rendered as follows:

1) ORDERING the Reconveyance of the subject property;

2) ORDERING the cancellation of Transfer Certificate of Title No. T-

670001 for being NULL and VOID;

3) REINSTATING Transfer Certificate of Title No. T-19890;

4) ORDERING DEFENDANTS to convey ownership and possession of

the subject property to plaintiff subject to a just and equitable

partition thereof by and between all interested parties;

5) ORDERING defendants to jointly and severally pay plaintiff:

a) Php 50,000.00 and Php 2,500 per appearance as and

for attorney’s fees;

b) Php 50,000.00 for moral damages;

 c) Php 50,000.00 for exemplary damages; and

d) Php 20,000.00 as cost of suit.

Plaintiff prays for such other reliefs and remedies that are just and

equitable under the premises.

Cagayan de Oro City, Philippines; April, 19, 2024

RESPECTFULLY SUBMITTED.

MARANATHA SHEKINAH C. LUCAGBO

Counsel for Plaintiff
111 E. Lopez St., Jaro, Cagayan de Oro City
IBP No. 000000/0-00-00/Cagayan de Oro City
PTR No. 0000/0-00-00/Cagayan de Oro City

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Maranatha Shekinah C. Lucagbo , of legal age, do hereby state that I have

caused this Complaint to be prepared; I have read its contents and affirm that
they are true and correct to the best of my own personal knowledge; I hereby
certify that there is no other case commenced or pending before any court
involving the same parties and the same issue and that, should I learn of such a
case, I shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on April, 19, 2024
 Maranatha Shekinah Lucagbo
Affiant

SUBSCRIBED AND SWORN TO before me in the City of Iloilo on this 3rd day
January, affiant exhibiting before me his driver’s license no. 00000000 issued
March 13, 2016 at LTO, Cagayan de Oro City

ROBERT IAN MARAÑON

Notary Public

Doc. No. 5
Page No. 11
Book No. 35
Series of 2017