SYPNOSIS/SUGGESTIONS –

RE: COMPLAINT FILED BY JOSELITO MAYOL

CIVIL CASE NO. 678 Dated: August 9, 2018
FOR: unlawful Detainer with Damages

#1 Complainant is a resident of Babag 1, - Proving that he was never a resident of

Lapu-lapu City City Brgy. Tayud. Consolacion. Cebu.

` 2. That he is a co-owner of (Lot nos. 1205 & - There is no proof that Tax Declaration

1213) but it never mentioned No. 26980 subject of the Deed of

said lots in the Tax Declaration No. Sale of NEMESIA RIVERA was mentioned

26980 of NEMESIA RIVERA in both the Complaint (RTC & MTC)

In the deed of sale. There is NO proof of an EXTRAJUDICIAL

SETTLEMENT nor SELF-ADJUDICATION as

successor-in-interest over the Lots mentioned;

3. The 1993 Civil Case for the Annulment of Sale The Absolute Deed of Sale was executed by

File before RTC BRANCH 55, Mandaue City which NEMESIA RIVERA, over a property declared in

was decided on May 24, 1990.. Tax Declaration No. 26980 (please read 2nd

Paragraph 2 of the Absolute Date of Sale, the

Boundaries which read:

On the North, by Apolinario Garbo

On the East by Juan Rivera

On the South by Heracleo Rivera

On the West by Anselmo Rivera

Area of 2,928 square meters

There is nothing in the said Tax Declaration

No. 26980 that technically referred to Lot 1205,

a property owned and declared in the name of
LORETO JUDAYA;

The DEED OF ABSOLUTE SALE is a unilateral con-

yance of a property executed by NEMESIA

RIVERA.
 The late LORETO JUDAYA nor ILUMINADA

JUDAYA has no signature in the said ABSOLUTE

DEED OF SALE, not even a witness to the said

Instrument;

The DECISION which was dated May 24, 1996

Not on May 24, 1990, discussed about Lot 1205

& 1213, which are identified lots in the name.

Peaceful, continuous, notorious possession of

LORETO JUDAYQ;

The ownership or property appearing in the

DEED OF SALE OF NEMESIA RIVERA is declared

In TAX DECLARATION No. 26890 never cited as

evidence of ownership in the Complaints in

Civil Case No. 1873 filed by ANGELO MAYOL

Represented by his Attorney-in-Fact JOSELITO

MAYOL, Plaintiff.

NEMESIA RIVERA, acquired a property from

ROBERTO RIVERA, (Deed of Sale, copy hereto

attached) the property is bounded and

described as follows:

On the North by Apolinario Garbo

On the East by Juan Rvera

On the South by Heracleo Rivera

On the West by Anselmo Rivera

Containing an area of 2,928 square meters,

more or less.

In the said DECISION, Complainant JOSELITO

MAYOL, as the ATTORNEY-IN-FACT, whose

AUTHORITY in the SPECIAL POWER OF

ATTORNEY has ceased to become effective

fter the death of ANGELO MAYOL, the alleged

 Husband of the deceased NEMESIA RIVERA,

Exclusive owner of that property covered by

TAX DECLARATION 26980; from whence, the

Hon. Court must have required to attain

Jurisdiction.

4. – No # 4 allegation

5. There Entry of Judgment in the

Complaint (Complaint No. 678 filed - The probative value and

In Consolacion, Cebu) significance of the

same cannot be appreciated as there

is a WRIT OF PRELIMINARY INJUNCTION

6. There no motion attached to the addressed to the Sheriff dated June 10,

Attached to the complaint 678 1997, to wit:

…. WHEREFORE, you the Sheriff, RTC-

re the allegation in Mandaue City or any person under your

Control and supervision are hereby

restrained from proceeding with the

foreclosure proceeding/auction sale

of Lot 1205- the subject land in

this case;

Witness the Honorable Ulric R. Canete,

Presiding Judge of this Court, this 10th

Day of June, 1977 at Mandaue City.

(Sgd.) ATTY. JORGE T. UBA

Branch Clerk of Court

An ORDER was likewise issued dated

March 12, 1997, to wit:

… WHEREFORE, the Court resolves:

1. To issue writ of preliminary injuction res-

Training the Sheriff, RTC of Mandaue
City or any person under his control
 and supervision from proceeding with
the foreclosure proceeding/aucion sale of
Lot 1205 – the subject land in this case –
Upon filing of a bond in the amount of
P20,000.00 conditioned that plaintiff
will pay the defendants all damages
which the latter may sustain by reason
of the injunction if the Court should
finally decide that the plaintiff was not
entitled thereto.

2. To dismiss the complaint for contempt

against defendants, Spouses LORETO
JUDAYA for lack of merit;
3. To furnish the Sheriff, RTC Mandaue
City and parties, through counsels, copy of
this Order.
SO ORDERED.
Given, in chambers, this 12th day of March,
1977 at Mandaue City.
(Sgd.) ULRIC R. CANETE
Judge

That in Exh. “A” Tax Declaration No. 17323-A, is

not the subject of the Deed of Absolute Sale;

and the Annulment of Absolute Sale in the

Complaint in Civil Case No. MAN 1873 for

Annulment of Sale and Damages, complainant

mentioned different tax declaration (TD No.
17323-A); which is nowhere in the

deed of sale executed by NEMESIA RIVERA

which is DECLARATION No. 26980 an
unidentified property and did not refer to Lot
1205 which is owned by LORETO JUDAYA;

(In No. 5 of the said Complaint in Nothing has been mentioned in the said

Civil Case No. MAN 18736 for Deed of Absolute Sale about Angelo Mayo

Annulment of Sale, defendants alleged as Administrator. The Tax Declaration

“Unknown to the plaintiff, defendants No. 26980 is declared in NEMESIA RIVERA,

Entered into a Deed of Conveyance over one that cancelled Tax Declaration No. ____

Half portion of the above described in the name of ROBERTO RIVERA, subject

Property without his consent as of a Deed of Sale (________________)

 Administrator of the Conjugal executed by ROBERTO RIVERA in favor of

Partnership properties or in accordance NEMESIA RIVERA, Annex “___”; which

withArt. 172 of the Civil Code, copy contained ___ square meters.

of the Deed of Sale is hereto attached as NEMESIA RIVERA is the exclusive

Annex “B”) owner of the property she bought

From ROBERTO RIVERA, per

Deed of Sale hereto attached, over

a property described in Tax Declaration

No. 10632, bearing the following

Boundaries:

Amihanan – Apolinario Garbo

Silangan: Juan Rivera

Habagatan:Silverio Lauron

Kasadpan: Heraclea Rivera

Area of .4128

#7. Allegations in par. 6 pertaining to the Motion of the The property claimed by NEMESIA

The Plaintiff, which was not annexed to the Complaint as reconveyed by the Sheriff is

Civil Case No. 678; Acknowledged by Sheriff CESAR

Only the DEED OF RECONVEYANCE was attached as Annex D. ENOC, JR., ,Sheriff – RTC -

“2” and as ackniowledged before Atty. Cyril Bryan D. Branch 55, Annex ____)

Quizon , on March 9, 2012,2nd paragraph of the

Acknowledgment, to wit:

This instrument, consisting of two (2) pages refers to

The Deed of Reconveyance of a parcel of land

(Cadastral Lots 1205 and 1213) located in Yati-Lilo-an, Cebu,

With an area of 2,928 square meters, more or less, is

Signed by the parties and their instrumental witnesses

On each and every page including the page whereon

The acknowledgment is written.

…. (Sgd.) Atty. Cyril Bryan D. Duizon

(That No. 6 – allegations relative to TD No. 17323-A..) The Tax Declaration in the complaint

No bearing to the Tax Declaration in the Should refer to Tax Declaration No.

Deed of Sale executed by NEMESIA RIVERA, 26980) evading the issue of

selling an unidentified propertry

No basis, because Lot 1205 refers to the

ownership of LORETO JUDAYA)

(No. 7, 8 and 9, is tantamount to land grabbing,

and deceipt - the Tax Declaration should refer

to TAX DECLARATION No. 26980, an unidentified

land)

Evidences for the defendants : Reason:

1. COMPLAINT OF JOSELITO MAYOL - That JOSELITO MAYOL claims to be

a co-owner -

That there is no proof of EXTRAJUDICIAL

SETTLEMENT or AFFIDAVIT OF SELF-

ADJUDICATION as heir or successor-in-

Interest to claim an ownership over

the land or personal property declared

in the name of NEMESIA RIVERA

(Referring his interest on the DEED OF

SALE executed by NEMESIA RIVERA,

TAX DECLARATION No. 26980

No such adjudication of his being an

heir has been submitted for the

Jurisdiction of the court;

2. TAX RECEIPTS - That LOT 1205, is owned and

Tax Declaration No. 24537 declared in the name of LORETO

Tax Declaration No.0018-22242 JUDAYA. It is incumbent upon the

Tax Declaration No. 37343 said owner to pay real estate

 Tax Declaration No. 17524
Tax Declaration No. 17542-A
Tax Clearance –
3. Lot DATA/ claimant LORETO JUDAYA,
of Lot 1205 issued in year 1988
In Cadastral Survey 545, Consolacion
Cadastre, issued by the Dept. of
Environment & Natural Resources
Office
4. Cadastral Map of Lot 1205 with the
Name of LORETO JUDAYA imprinted thereon;
5. That ZOILA MAQUILAN, sister of LORETO
JUDAYA, in the Tax Mapping Record on
file with the Assessor’s Office also stayed
in the said lot.
6. DEED OF ABSOLUTE SALE executed
on June 4, 1991 by NEMESIA RIVERA over
her exclusive property
declared in her name in Tax Declaration
No. 26980;
7. OFFICIAL RECEIPT issued to LORETO JUDAYA
Dated April 4, l990 referring to the release
of mortgage
taxes due his property, as evidenced
by the foregoing real property taxes
receipts previous to 1988 to date;
and the Real Property Tax Clearance
as of date herein.
LORETO JUDAYA has been in lawful,
continuous, open, public, notorious
possession of LOT 1205 since time
immemorial;
Cadastral map for Lot 1205 to show
the possession of LORETO JUDAYA
over the property;
Tax map on file with the Assessor’s
Office of Consolacion, Cebu;
That NEMESIA RIVERA
executed the DEED OF SALE over
her exclusive property, which she
likewise acquired from ROBERTO
RIVERA, over an unidentified land,
Bounded as follows:
Mortgage of Enemenciana Rivera
has been paid to LORETO JUDAYA,
Over the lot adjacent to Lot 1205;
That the Deed of Sale (Unilateral)
Dated June 4, 198l executed by the
Late NEMESIA RIVERA, to LORETO
JUDAYA, married to Iluminada Judaya
over a property declared in her name in
is Tax Declaration No. 26980, to wit:
“A parcel of land, situated in Tayud,
Consolacion, Cebu. Bounded on the
North by Apolinario Garba; on the East,
by Juan Rivera; on the South by
Heracleo Rivera; and on the West by
nAnselmo Rivera, xxx containing an
 An aarea of TWO THOUSAND NINE
HUNDRED TWENTY EIGHT (2,928)
square meters, the metes and bounce
Cannot be located being unidentified;
Such ownership has not been registered
Under Act 496 nor has there been an
agreement for the registration of the
land described in the Tax Declaration
No. 26980; the dec edent LORETO
JUDAYA has not executed any
agreement with the said NEMESIA
RIVERA, nor the signatures of LORETO
JUDAYA nor ILUMINADA JUDAYA been
Imprinted thereon;

The late VENDOR, NEMESIA RIVERA has

not delivered the said property to date
as describe in the said DEED OF
ABSOL8.9UTE SALE, area of 2,928
square meters;
8. Barangay Certification of non-residency of That JOSELITO MAYOL is not a
Resident nor resident of Tayud,
Consolacion, Cebu;
9. Barangay Certication of Residency of LORETO
JUDAYA/ILUMINADA JUDAYA To prove that Spouses LORETO
JUDAYA and ILUMINADA JUDAYA
Resided at Brgy. Tayud, Consolacion,
Cebu since time immemorial;

---Nowhere in the DECISION, the proof that TX DECLARATION No, 26980 was attached nor
touched to prove the metes and bounce of the property of NEMESIA RIVERA, which is the
Basis of the Absolute Deed of Sale from whence it derived the declaration of ownership from
Tax Declaration No. o06231 cancelled by Tax Declaration No. 10632 in the name of ROBERTO
RIVERA, bearing the same boundaries, no mention about LOT 1205 registered in the name
of LORETO JUDAYA.

That LOT 1205 is lawfully owned by LORETO JUDAYA, the said LOT 1205 is not owned by
NEMESIA RIVERA;

The basis of the claim of JOSELITO MAYOL – he failed to present his proof as heir and the
subject of the property sold to LORETO JUDAYA is not identified, nowhere to be located,
deceiving LORETO JUDAYA of the exact location of property described in the Tax Declaration
No. 26980.