1

Republic of the Philippines

Regional Trial Court
Ninth Judicial Region
Branch ____
Zamboanga City

FRANKLIN
EMMANUELH. MALETSKY
M. DIU Defendant,
Plaintiff,
Petitioner, CIVIL CASE NO: ______
CIVIL CASE NO. ___
-versus-
-versus- -for-
For: Collection of Sum of
Money
SPOUSES CONCEPCION M.
SPOUSES
JALAMANAOLIVER AND WILFRIDO LIM & Cancellation of Transfer Certificates
LILIBETH
JALAMANAD G. LIM, MARIA of Title Nos. T-226,339, T-226,340, T-
TANTAY, LORELIE FRANCISCO, 226,341, T-226,568 and T-226,338 and
LUZVIMINDA SUMAYANG, Nullification of their Deeds of
RONNIE TANTAY, JORDAN Conveyances, Partition and Loan and
GITALAN and HOME Mortgage Agreements with Damages.
DEVELOPMENT MUTUAL FUND.
Defendants.
x---------------------------------------x
X----------- --------

COMPLAINT

Complainant, through undersigned Counsel, unto this Honorable

Court, respectfully alleges:

1. That Complainant is of legal age, married, Filipino citizen and a

resident of 789 Tumaga Porcentro, Tumaga, Zamboanga City,
Philippines; Complainant may be served with summons, orders
and other processes of the Honorable Court through his
counsels address at 2nd Floor, LDM Bldg., Pilar St.,
Zamboanga City. The undersigned counsel is also Plaintiffs
Attorney-in-fact by virtue of a Special Power of Attorney,
herein attached as Annex A;

2. That Defendant Spouses OLIVER LIM and LILIBETH G. LIM

(Defendants Lim) are both of legal ages, married and residents
of Uranus St., Tumaga, Zamboanga City, where they may be
served with summons and other processes of the Court;
Defendant JORDAN GITALAN is of legal age, single, Filipino
and a resident of Uranus St., Tumaga, Zamboanga City;
Defendant MARIA TANTAY is of legal age, Filipino and a
resident of Katana Drive, Tumaga-Putik Road, Zamboanga
City, where she may be served with summons and other
processes of the Court; Defendant RONNIE TANTAY is of
legal age, Filipino citizen and a resident of Katana Drive,
Tumaga-Putik Road, Zamboanga City, LORELIE FRANCISCO
is of legal age, single, Filipino citizen and a resident of Cadena
de Amor Drive, Guiwan, Zamboanga City, where she may be
served with summons and other processes of the Court;
Defendant LUZVIMINDA SUMAYANG, is of legal age,
married, Filipino citizen and a resident of Lunzuran,
Zamboanga City, Philippines, where she may be served with
summons , orders and other processes of the Court; Defendant
Home Development Mutual Fund (Pag-ibig Fund), is a
government agency created under Philippine laws, with office
address at San Jose Road, Baliwasan, Zamboanga City, where it
may be served with summons and other processes of the
Honorable Court;
 3. That Plaintiff is the registered owner of that certain parcel of lot
located at Tumaga Porcentro, Zamboanga City, containing an
area of THREE THOUSAND FIFTY NINE (3,059) square
meters, registered per Transfer Certificate of Title (TCT) No. T-
80,083 under the name of Plaintiff and is more particularly
described as follows:

A parcel of land (Lot 1844-D of the subd.plan Psd-09-001950,

being a portion of lot 1844, Zambo. North Ext., situated in the
Barrio of Tumaga, City of Zamboanga, Island of Mindanao.
Bounded on the North line 1-2 by Lot 1844-B; line 2-3-4 by Lot
1844-C both of the subd. plan; line 4-5 by Maria Gajardo
Santos, et al; on the East line by Maria Cajardo Santos, et al;
line 6-7 by Bonifacio Ramillano; on the South line 7-8 by Lot
1844-A of the subd. plan; XXX containing an area of THREE
THOUSAND FIFTY NINE (3,059) SQUARE METERS..

A certified copy of TCT No. T-80,083 is herein attached as

Annex B, to form an integral part of the complaint;

4. That for taxation purposes, the subject property was also

registered before the Office of the City Assessors Office of
Zamboanga City per Tax Declaration No. 050109201879,
herein attached as Annex C; The propertys assessed value
on the basis of the Tax Declaration is Forty Nine Thousand Five
Hundred Sixty Pesos (P49,560.00) and market value is pegged
at Two Hundred Forty Seven Thousand Seven Hundred Seventy
Nine and20/100 Pesos (P247,779.20);

5. That sometime during the first week of September 2010,

Plaintiff offered to sell the subject lot, together with two other
parcels of lots, also registered under his name per TCT No. T-
83,378 and T-80,061, to Defendant Spouses Lim for a total
consideration of NINE MILLION SEVEN HUNDRED
TWENTY THOUSAND PESOS (P9, 720,000.00). After
negotiations, the parties agreed that the price shall be paid over
a period of sixty (60) monthly installments, with the Defendants
Lim undertaking to issue post-dated checks each amounting to
ONE HUNDRED SIXTY TWO THOUSAND PESOS (P162,
000.00). In the meantime, Plaintiff agreed to turn over the
possession of the Owners Duplicate Copy of TCT No. T-
80,083 in order for the Lims to present the same as a security
for their monetary loan for the capital augmentation of their
business activities. Thus, on September 29, 2010, Plaintiff and
Defendant Spouses Lim executed a Memorandum of
Agreement, registered per the notarial records of notary public
Mateo P. Francisco as Doc. No. 349, Page No. 59, Book No. 87,
Series of 2010; The Memorandum of Agreement, consisting of
 four pages is attached to this Complaint as Annexes D to D-
3, to form integral parts of the same;

6. That on October 5, 2010, Plaintiff and Defendant Spouses Lim

executed an Addendum to Memorandum of Agreement
whereby the latter bound to pay an additional interest of five
percent (5%) a month in the event that any of the check issued
was dishonored upon presentment until the full amount shall
have been paid. A machine copy of the Addendum is attached
as Annex E, to form part of the Complaint;

7. That shortly after the execution of the Agreements, Plaintiff left

for the United States of America and deposited the Banco de
Oro post-checks issued in his favor as they fell due. However,
sometime in March 2011, one of the checks issued was
dishonored when presented for payment. When asked about the
dishonor, Defendant Spouses Lim informed Plaintiff that they
closed their existing Banco de Oro account and proposed that
the latter return the other BDO checks and in lieu thereof, they
shall issue another sixty East-West Bank post-dated checks.
Plaintiff agreed to the arrangement, however, 44 of the 60 East-
West Bank checks were also dishonored because the account
was also closed;

8. That Plaintiff returned to the Philippines on June 2, 2012 to

personally confront the Lims about the matter of the dishonored
checks. In the mean time that Defendant Lims committed to
settle the dishonored checks, Plaintiff decided to check on the
status of TCT No. T-80,083;

9. That Plaintiff was surprised to discover that TCT No. T-80,083

was already cancelled through a falsified Deed of Absolute Sale
dated July 26, 2010, where the subject lot was sold to
Defendant JORDAN GITALAN (Defendant Gitalan), who is
Defendant Lilibeth Lims brother, for a consideration of Five
Hundred Thousand Pesos (P500,000.00); A certified copy of
the Deed of Absolute Sale dated July 26, 2010 is attached as
Annex F;

10. That the Deed of Absolute Sale was executed at the time that
Plaintiff was in the United States of America together with his
wife, Lorraine Simpson Maletsky;

11. That subsequently, the lot was subdivided into five units by
virtue of which five titles under the name of Defendant Gitalan
were issued, to wit:

A. TCT No. T-226,334, consisting of 700 Square Meters;

B. TCT No. T-226,335, consisting of 700 Square Meters;
C. TCT No. T-226,336, consisting of 700 Square Meters;
D. TCT No. T-226,337, consisting of 695 Square Meters;
E. TCT No. T-226,338 consisting of 264Square Meters.

Certified machine copies of TCT Nos. T-226,334, T-226,335, T-

226,336, T-226,337 and T-226,338 are attached to this
Complaint as Annexes G to G-4;

The lot recorded under TCT No. TCT No. T-226,334 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 050109208904 with an assessed value of
Twenty Eight Thousand Three Hundred Fifty Pesos
(P28,350.00) and market value of One Hundred Forty One
Thousand Seven Hundred Fifty Pesos (P141,750.00);

The lot recorded under TCT No. TCT No. T-226,335 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 050109208908 with an assessed value of
Twenty Eight Thousand Three Hundred Fifty Pesos
(P28,350.00) and market value of One Hundred Forty One
Thousand Seven Hundred Fifty Pesos (P141,750.00);

The lot recorded under TCT No. TCT No. T-226,336 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 050109208905 with an assessed value of
Twenty Eight Thousand Three Hundred Fifty Pesos
(P28,350.00) and market value of One Hundred Forty One
Thousand Seven Hundred Fifty Pesos (P141,750.00);

The lot recorded under TCT No. TCT No. T-226,337 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 050109208907 with an assessed value of
Twenty Eight Thousand Three Hundred Fifty Pesos
(P28,350.00) and market value of One Hundred Forty Thousand
Seven Hundred Fifty Pesos (P140,750.00);

The lot recorded under TCT No. TCT No. T-226,338 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 1101009207460 with an assessed value
of Five Thousand Eight Hundred Sixty Pesos (P5,860.00) and
market value of Twenty Nine Thousand Three Hundred Four
Pesos (P29,304.00);

Certified machine copies of the Declaration of Real Property

numbered 050109208904, 050109208908, 05109208905,
050109208907 and 1101009207460, are attached herein as
Annexes H to H-4, to form integral parts of this Complaint;
12. That immediately after the issuance of the new titles in favor of
Defendant Gitalan, the lot registered per TCT No. T-226,334
was sold to Defendant MARIA E. TANTAY for a consideration
of One Million Eight Hundred Pesos (P1, 800,000.00) by virtue
of which TCT No. T-226,339 was issued in her favor on
December 30, 2010; the lot was then registered before the
Office of the City Assessors Office with an assessed value of
P51, 800.00 and market value of P259, 000.00 per Tax
Declaration No. 1101009207466; Machine copies of TCT No.
T-226,339 and TD No. 1101009207466 are attached as Annexes
I and J, respectively;

13. That the lot subsequently registered per TCT No. 226,335 was
sold to Defendant LORELIE N. FRANCISCO for a
consideration of One Million Five Hundred Ninety Seven
Thousand Pesos (P1, 597,000.00) by virtue of a Deed of
Absolute Sale registered as Doc. No. 209, Page 35, Book No.
88, Series of 2010 of notary public Mateo P. Francisco. As a
result of the same, TCT No. T-226,340 was issued on December
30, 2010; the lot was then registered before the Office of the
City Assessors Office with an assessed value of P51, 800.00
and market value of P259, 000.00 per Tax Declaration No.
1101009207465; Machine copies of TCT No. T-226,340 and
TD No. 1101009207465 are attached as Annexes K and L,
respectively;

14. That TCT No. T-226,336 was cancelled after a Deed of

Absolute Sale registered per Doc. No. 211, Page 36, Book No.
88, Series of 2010 of notary public Mateo P. Francisco was
executed sometime in December 2010 for a consideration of
One Million Seven Hundred Ninety Two Thousand Pesos
(P1,792,000.00) in favor of Defendant LUZVIMINDA
SUMAYANG. Thereafter, TCT No. 226,341 was issued in
favor of Defendant Sumayang; the lot was then registered
before the Office of the City Assessors Office with an assessed
value of P51, 800.00 and market value of P259, 000.00 per Tax
Declaration No. 1101009207463; Machine copies of TCT No.
T-226,341 and TD No. 1101009207463 are attached as Annexes
M and N, respectively;

15. That the lot registered per TCT No. T-226,337 was then sold to
Defendant RONNIE R. TANTAY for a consideration of (P1,
779,000.00), by virtue of which TCT No.T-226,568 was issued
in his favor on January 12, 2011; The lot was then registered
before the Office of the City Assessors Office with an assessed
value of P16, 680.00 and market value of P83, 400.00 per Tax
Declaration No. 1101009207514; Machine copies of TCT No.
 T-226,568 and TD No. 1101009207514 are attached as Annexes
O and P, respectively;

16. That the purchases of the lots now registered per TCT Nos. T-
226,339, T-226,340, T-336,341 and T-336,568 were financed
through loans obtained from the Home Development Mutual
Fund (Pag-ibig). As a result thereof, the lots were mortgaged in
favor of Pag-ibig to secure the loans, as evidenced by the
registration of the encumbrance on the titles all dated December
30, 2010; Machine copies of the Loan and Real Estate
Mortgages all dated December 30, 2010 are herein attached as
Annexes Q to Q-3;

17. That on February 4, 2013, Complainant served two Letters

against the Defendants Lim demanding the return of the title
originally registered per TCT No. T-80,083, to cancel the deeds
of conveyances related to its sale, to surrender possession of the
lot and the fruits obtained therein. The letters were personally
received by the authorized representative, Annie B. Gonzales,
on February 7, 2013; The Demand Letters dared February 2,
2013 and February 4, 2013 are attached as Annexes R and
R-1, to form integral parts of this Complaint;

18. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Gitalan, demanding the restoration of the title now
registered per TCT No. T-226,338 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014
addressed to Defendant Gitalan together with its Registry
Receipt numbered RD 032 457 171 ZZ are attached as Annexes
S and S-1, respectively;

19. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Ronnie Tantay, demanding the restoration of the title
now registered per TCT No. T-226,568 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014,
together with its Registry Receipt numbered RD 032 457 145
ZZ are attached as Annexes T and T-1, respectively;

20. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Maria Tantay, demanding the restoration of the title
now registered per TCT No. T-226,339 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014
addressed to Defendant Maria Tantay together with its Registry
Receipt numbered RD 032 457 137 ZZ are attached as Annexes
U and U-1, respectively;
21. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Sumayang, demanding the restoration of the title
now registered per TCT No. T-226,341 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014
addressed to Defendant Sumayang together with its Registry
Receipt numbered RD 032 457 168 ZZ are attached as Annexes
V and V-1, respectively;

22. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Francisco, demanding the restoration of the title now
registered per TCT No. T-226,340 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014
addressed to Defendant Francisco together with its Registry
Receipt numbered RD 032 457 185 ZZ are attached as Annexes
W and W-1, respectively;

23. That on September 15, 2014, Plaintiff demanded the

cancellation of the Real Estate Mortgage on the subject titles
through a letter addressed to GENEROSO H. BALAQUIT,
Area Head, of Pag-ibig Fund, received by said office on
September 16, 2014 as evidenced by the Demand Letter herein
attached as Annex X;

24. That despite the demands, Defendants failed, refused and

continuously failed and refused to restore the titles to Plaintiffs
name, to cause the cancellation of TCT Nos. T-226,339, T-
226,340, T-226,341, T-226,568 and T-226,338, their
corresponding Deeds of Conveyances, Partition Agreements
and Real Estate Mortgage and to pay damages suffered by
Plaintiff as a result of their conspiracy to deceive and defraud
him;

25. That Plaintiff filed a complaint against Defendants Oliver and

Spouses Lim before the Barangay Government of Tumaga, this
city, for purposes of conciliation and mediation, but no
settlement was reached that a Certification to File Action was
issued on April 26, 2014, herein attached as Annex Y;

26. That Plaintiff filed a complaint against Defendants Jordan

Gitalan, Maria Tantay and Ronnie Tantay before the Barangay
Government of Tumaga, this city, for purposes of conciliation
and mediation, but no settlement was reached that a
Certification to File Action was issued on May 17, 2014, herein
attached as Annex Z;
27. That Plaintiff filed a complaint against Defendant Luzviminda
Sumayang before the Barangay Government of Lunzuran, this
city, for purposes of conciliation and mediation, but no
settlement was reached that a Certification to File Action was
issued on May 2, 2014, herein attached as Annex AA;

28. That Plaintiff filed a complaint against Defendant Lorelie

Francisco before the Barangay Government of Guiwan, this
city, for purposes of conciliation and mediation, but no
settlement was reached that a Certification to File Action was
issued on May 31, 2014, herein attached as Annex AB;

29. That Defendant Pag-ibig Fund, being a government entity, the

rule on the barangay mediation and conciliation will not apply;

FIRST CAUSE OF ACTION

30. That the cancellation of TCT No. T-80,083 through the

execution of a forged deed of sale by Defendants Oliver and
Lilibeth Lim, its subdivision and registration of new titles in
favor of Defendants Jordan Gitalan, Maria and Ronnie Tantay,
Lorelie Francisco and Luzviminda Sumayang, and the
subsequent mortgage in favor of Defendant Pag-ibig Fund,
caused the deprivation of Plaintiffs title and rights over the
subject property as its legal owner;

31. That the deprivation was attended by machination and

fraudulent schemes with the purpose to prejudice Plaintiffs
rights over the property as the legal registered owner;

32. That the refusal of Defendants to restore back the titles of the
lot in favor of Plaintiffs, the cancellation of the deeds of
conveyances, partition and real estate mortgage and the
payment of damages, give rise to a cause of action for which
the Plaintiff may seek judicial recourse;

SECOND CAUSE OF ACTION

33. By reason of Defendants refusal to cause the cancellation of

TCT No. T-226,339, T-226,340, T-226,341, T-226,568 and T-
228,338, restoration of TCT T-80,083 under Plaintiffs name,
cancellation of the Deed of Sale dated July 26, 2010 and other
deeds of conveyances, partition agreement and Real Estate
Mortgages, Plaintiff has suffered mental anguish, serious
anxiety, sleepless nights and much inconvenience as he had to
travel back and forth from the United States of America and
 Zamboanga City to ensure that the title to the lots will be
restored in his favor. Thus, Defendants must pay Plaintiff the
amount of One Hundred Thousand Pesos (P100,000.00) as
moral damages;

34. Further, the Defendants concerted acts of defrauding herein

Plaintiff by causing the sale, cancellation of TCT No. T-80,083,
partition and mortgage of the subject lot without the latters
consent is tainted with fraud. Such act must be discouraged in
the future, thus, Defendant must pay the amount of One
Hundred Thousand Pesos (P100,000.00) by way of
EXEMPLARY DAMAGES;

35. By reason of the deceit committed against Plaintiff, he was

compelled to engage the services of counsel for which services
he was obliged to pay the sum of One Hundred Thousand Pesos
(P100, 000.00), by way of acceptance fee, Two Thousand Five
Hundred Pesos (P2, 500.00), as appearance fee for every court
appearance and additional costs of litigation and other related
expenses expected to be not less than Fifty Thousand Pesos
(P50, 000.00), Philippine Currency.

PRAY E R

WHEREFORE, it is most respectfully prayed of this Honorable

Court that after due notice and hearing, judgment be rendered as follows:

a. Ordering Defendants to cause the cancellation of Cancellation of

Transfer Certificates of Title Nos. T-226,339, T-226,340, T-226,341,
T-226,568 and T-226,338;

b. Declaring the Deed of Absolute Sale dated July 26, 2010, other
corresponding Deeds of Conveyances, Partition Agreement and Loan
and Mortgage Agreement null and void and ordering Defendants to
cause their cancellation;

c. Holding Defendants liable for damages and ordering them, jointly

and severally, to pay Plaintiff MORAL DAMAGES amounting to
ONE HUNDRED THOUSAND PESOS (P100,000.00);
EXEMPLARY DAMAGES amounting to ONE HUNDRED
THOUSAND PESOS (P100,000.00);

d. Ordering Defendants, jointly and severally, to reimburse Plaintiff the

sum of ONE HUNDRED THOUSAND PESOS (P100,000.00),
representing attorneys fees, TWO THOUSAND FIVE HUNDRED
 PESOS (P2,500.00), as appearance fee of counsel and FIFTY
THOUSAND PESOS (P50,000.00) as litigation expenses; and,

e. To pay the cost of this suit.

Plaintiffs pray for such other reliefs as may be just and equitable
under the premises.

City of Zamboanga, Philippines, ___ October 2014.

ENRIQUEZ, CAPIN AND GAUGANO LAW OFFICES

Counsel for Plaintiff
nd
2 Floor, LDM Building, Pilar St., Zamboanga City
Tel. No. (062) 990-1412
e-mail: enriquez.capin.gaugano.law@gmail.com

By:

MARIA FE C. GAUGANO
PTR No. 789752-01/02/14 Zamboanga City
IBP No. 896570-01/02/14 Zamboanga City
Roll No. 53057-04/26/07
MCLE Compliance No. IV-0015086-04/01/2013