Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
Branch 18, Hilongos Leyte

FE A. JUSTINIANI
CAROLINA J. OCAMPO
EUGENIA L. JUSTINIANI
MAY NADINE J. SALIMBANGON
ROBERT FRANCIS J. ALDEMITA
LUCILLE W. JUSTINIANI
Plaintiff-Co owners,

--- versus --- Civil Case No. ___________

Action for Reconveyance, Declaration
of Nullity of Extrajudicial Settlement
with Sale, Cancellation of Transfer
Certificate of Title namely: TCT #
115-2017000642, TCT # 115-
2018000643, TCT # 115-
2018001344, Recovery of Possession,
Damages
RENATO SEMBRANO
BENEDIK S. JAYME
Defendant-Vendors
ENGELIE VILBAR ZHENG
GILDA CAPELLAN
MARY ANN MALESIDO
JOSHUA NIEZ
ANNALIZA RAMIREZ
DIANA DOLZ ESTRELLOSO
Defendant-Purchasers

THE REGISTER OF DEEDS OF

PROVINCE OF LEYTE
Nominal Defendant.
x-----------------------------------x

COMPLAINT
PLAINTIFFS, through counsel and before the Honorable Court, most
respectfully state that:

THE PARTIES
1. Plaintiff FE JUSTINIANI is of legal age, single, Filipino and with residence
and postal address at19C Don Pedro Rodriguez St., Capitol Site, Cebu City;

2. Plaintiffs EUGENIA L. JUSTINIANI, widow and MAY NADINE

JUSTINIANI, heirs of the RODOLFO JUSTINIANI, both of legal age, Filipino,
and with common residence and postal address at 19C Don Pedro
Rodriguez St., Capitol Site, Cebu City;

3. Plaintiff ROBERT FRANCIS J. ALDEMITA, of legal age, married, a US

permanent resident, with address at Lakewood California, heir of the
deceased co-owner-sibling, Concepcion J. Aldemita, and virtue of a duly
authenticated Special Power of Attorney is herein represented by plaintiff,
EUGENIA L. JUSTINIANI;

4. Plaintiff LUCILLE W. JUSTINIANI, of legal age, married, with address at

Ferndale Avenue, Orange, California, heir of the deceased co-owner-sibling,
Florentino A. Justiniani, and virtue of a duly authenticated Special Power of
Attorney is herein represented by plaintiff, EUGENIA L. JUSTINIANI;

5. Plaintiff CAROLINA J. OCAMPO, of legal age, married, with address at

Mayfield Drive, Appleton Wisconsin, and virtue of a duly authenticated
Special Power of Attorney is herein represented by plaintiff, EUGENIA L.
JUSTINIANI;

6. Plaintiffs may be served with summons and other court processes at the
address of the undersigned counsel indicated herein;

7. Defendant RENATO SEMBRANO is of legal age, married, Filipino with

residence at Bato, Leyte, where he may be served with summons and other
processes of this Honorable Court.

8. Defendant BENEDIK S. JAYME of legal age, single, Filipino with postal

address at the National Highway, Brgy. Bantigue, Ormoc City, where he
may be served with summons and other processes of this Honorable Court.

9. Defendant ENGELIE VILBAR ZHENG is of legal age, married, Filipino, with

residence at Barangay Eastern, Hilongos Leyte, where she may be served
with summons and other processes of this Honorable Court.

10. Defendant GILDA CAPELLAN is of legal age, married, Filipino, with

residence at Barangay Eastern, Hilongos Leyte, where she may be served
with summons and other processes of this Honorable Court.

Page 2 of 13
11. Defendant MARY ANN MALESIDO is of legal age, married, Filipino, with
residence at Barangay Eastern, Hilongos Leyte, where she may be served
with summons and other processes of this Honorable Court.

12. Defendant JOSHUA NIEZ is of legal age, married, Filipino, with residence
at Barangay Eastern, Hilongos Leyte, where he may be served with
summons and other processes of this Honorable Court.

13. Defendant ANNALIZA RAMIREZ is of legal age, married, Filipino, with

residence at Barangay Eastern, Hilongos Leyte, where she may be served
with summons and other processes of this Honorable Court.

14. Defendant Register of Deeds of the Province of Leyte is a government

agency which is the repository of records affecting properties and is tasked
with the 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 the Province of
Leyte.

15. (1) CONCEPCION A. JUSTINIANI-ALDEMITA (deceased) (2) FLORENTINO

A. JUSTINIANI (deceased) (3) RODOLFO A. JUSTINIANI (deceased) (4)
CAROLINA A. JUSTINIANI-OCAMPO (5) FE A. JUSTINIANI are the five (5)
children and legal heirs of deceased MARGARITA ARTADI JUSTINIANI.

16. During her lifetime, MARGARITA A. JUSTINIANI owned a parcel of land

situated at Barangay Eastern, Hilongos Leyte covered by Transfer
Certificate of Title (TCT) No. 19342 under Lot No: 1-C-5 containing an
area of THIRTY-FOUR THOUSAND THREE HUNDRED SEVENTY-SEVEN
SQUARE METERS (34,377 Sq. meters) registered under the Torren’s system
on January 27, 1981 in the Registration Book of the Register of Deeds of the
Province of Leyte.

17. On October 20, 2003, MARGARITA died. Consequently, on November 22,

2005, while all the heirs of Margarita were still living, an EXTRAJUDICIAL
SETTLEMENT OF ESTATE OF THE LATE MARGARITA JUSTINIANI was
entered into among the five siblings, to include TCT 19342, Lot No: 1-C-5.

18. Lot No. 1-c-5 was subdivided into four (4) lots, namely:

a. 1-C-5-A
b. 1-C-5-B
c. 1-C-5-C
d. 1-C-5-D
Page 3 of 13
19. Transfer Certificate of Title (TCT) No: 19342 was cancelled, and in lieu
thereof Transfer Certificate of Title (TCT) No: T-35003 to cover LOT 1-C-5-
D was issued in the name of all the five heirs as co-owners and recorded on
December 6, 2006 in the Registration Book of the Register of Deeds of the
Province of Leyte;

20. Thru the neat chicanery and handiwork of defendant Sembrano, Lot 1-C-5-
D was subdivided into:
1. Lot 1-C-5-A
2. Lot 1-C-5-B
3. Lot 1-C-5-C
4. Lot 1-C-5-D

21. Lot 1-C-5-D was further subdivided into seven lots, namely:
1. Lot 1-C-5-D-1
2. Lot 1-C-5-D-2
3. Lot 1-C-5-D-3
4. Lot 1-C-5-D-4
5. Lot 1-C-5-D-5
6. Lot 1-C-5-D-6
7. Lot 1-C-5-D-7 (subject matter of this controversy)

22. On December 11,2008, Transfer Certificate of Title (TCT) No. T36180

covering Lot No: 1-C-5-D-7 containing an area of fourteen thousand nine
hundred twenty-seven (14,927) square meters was issued in the name of
the co-owner-siblings and recorded in the Registration Book of the Register
of Deeds of the Province of Leyte.

23. Meanwhile, after the death of co-owner-siblings’ mother, Margarita, and

considering that none of the former was residing in Hilongos Leyte, they
conferred upon defendant RENATO SEMBRANO, the trust and confidence
to act as “agent” or “go between” in the disposition of their inherited real
property in Hilongos Leyte;

24. No Special Power of Attorney was however executed by the co-owner-

siblings in favor of defendant Renato Sembrano specifically authorizing him
to sell the several parcels of land.

25. Defendant Renato Sembrano is the legal husband of co-owner-siblings’ first

cousin, Caridad R. Flanco; the latter being a relative within the fourth
degree of consanguinity;

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26. Given this relationship, let alone the favorable recommendation of the late
Brigida Flanco (Sembrano’s mother in law) in favor of defendant Sembrano
to act as agent for the co-owner-siblings, the latter reposed upon defendant
Sembrano, the highest degree of confidence.

27. On June 29, 2006, Rodolfo A. Justiniani died. He was then succeeded by
plaintiff Eugenia L. Justiniani, his widow and plaintiff May Nadine, his
daughter;

28. A year later or on June 26, 2007, Concepcion J. Aldemita also died. She was
then succeeded by plaintiff Robert Francis J. Aldemita, her adopted son.

29. On September 9,2014, Florentino died while being resident in the California,
USA; He was then succeded by plaintiff, Lucille W. Justiniani, his widow.

THE SUBJECT MATTER

30. The subject matter of this controversy is Lot # 1-C-5-D-7, a portion of Lot 1-
C-5-D covered under TCT No. T-36180, particularly described as follows:

“A parcel of land covered by TCT No. T-36180; declared in the

name of Rodulfo A. Justiniani, married to Eugenia Ledesma; Fe A.
Justiniani, Concepcion J. Aldemita, married to Rodulfo D.
Aldemita; Florentino S. Justiniani married to Lucille Willkom and
Carolina J. Ocampo, married to Federico Ocampo; situated at
Barangay Eastern, Hilongos Leyte; designated as Cad. Lot No.
1-C-5-D-7, Psd-08-022406-D; bounded on the southwest, along
lines 1-2 by lot 1-C-5-D-5 of this subdivision; along lines 2-3 by lot
1-C-5-D-3 of this subdivision; along lines 3-4-5 by lot 1-C-5-D-4 of
this subdivision; on the northwest along lines 5-6-7-8 by lot 1-C-
6; Psd-08-0000475; and on the northwest m to NE, along lines 8-
9-1 by lot 1-C-4, Psd-08-000475. Containing an area of
FOURTEEN THOUSAND NINE HUNDRED TWENTY-SEVEN
(14,927) square meters. (Herein marked as Annex “L”)

FIRST CAUSE OF ACTION

RECONVEYANCE BASED ON A VOID
EXTRAJUDICIAL SETTLEMENT WITH ABSOLUTE SALE
ON THE GROUND OF FRAUD

The purported sale from co-owner

siblings to defendant Benedik S.
Jayme.
Page 5 of 13
31. On September 9 2013, defendant Sembrano arranged a meeting with
Plaintiffs Eugenia L. Justiniani and Fe A. Justiniani for the signing of several
documents purporting to be Deeds of Conveyances of the several subdivided
parcels of land forming part of Lot 1-C-5-D-5;

32. They then met in one of the Fast Food Restaurants (Jollibee) in Cebu City for
a breakfast meeting. Defendant Sembrano then presented to the two
plaintiffs numerous documents for signing.

33. While reading through the documents, one document caught the attention
of Plaintiff Eugenia. It was entitled “EXTRAJUDICIAL SETTLEMENT AND
PARTITION AMONG HEIRS WITH ABSOLUTE SALE”. The subject of the
sale was Lot # 1-C-5-D-7 under TCT No. T-36180 containing an area of a
FOURTEEN THOUSAND NINE HUNDRED TWENTY-SEVEN THOUSAND
(14,927) SQUARE METER with the co-owner siblings as seller and a certain
BENEDIK S. JAYME as buyer.

34. Attached to the document is another document entitled

ACKNOWLEDGMENT RECEIPT, acknowledging the receipt of the amount
of FIFTY-FIVE THOUSAND PESOS as consideration for the sale of the
fourteen thousand nine hundred twenty-seven (14,927) area of a parcel of
land abovementioned.

35. Smelling something fishy, while having no knowledge of a parcel of land

belonging to the co-owner-siblings which contained an area of 14,927
square meters and for sale, plaintiff Eugenia, widow of Rodolfo Justiniani
demanded an explanation from defendant Sembrano the circumstance
leading to the drafting of said document.

36. She further surmised that this could not be part of Lot 1-C-5-D-5 as the
latter lot contained only an area of 5,973 square meters.

37. Moreover, she inquired into the personality of the purported buyer,
defendant BENEDIK S. JAYME with whom they were never personally
acquainted prior to the sale. It was found out later that defendant JAYME is
defendant Sembrano’s nephew, a relative to the latter within the third
degree of consanguinity.

38. Plaintiffs Fe and Eugenia refused to affix their signatures in the said two
documents instead the latter took a copy of the said two documents.

Page 6 of 13
39. Sometime on February 2014, feeling aggrieved Plaintiff Eugenia caused the
filing of Estafa thru Falsification of Public Document against defendant
Sembrano before the Provincial Prosecutor’s Office of Leyte;

40. In the year 2017, rumors had it that the subject property was registered in
the name of defendant Benedik Jayme through the fraudulent machination
of defendant Sembrano.

41. Indeed, upon verification with the Office of the Register of Deeds of Leyte,
plaintiffs were astonished to find out that TCT No. T-36180 covering Lot No.
1-C-5-D-7 had been cancelled and in lieu thereof TCT No. 115-2017000642
was issued to defendant Benedik S. Jayme on April 3, 2017. A copy of TCT
No. 115-2017000642 is herein marked as Annex “__”

42. The transfer was purportedly supported by the following documents:

1) An EXTRAJUDICIAL SETTLEMENT AND PARTITION AMONG HEIRS

WITH ABSOLUTE SALE purportedly executed in 2009 herein marked
as Annex “____”
2) A SPECIAL POWER OF ATTORNEY executed in 2007 herein marked
as Annex “___”

43. Plaintiffs Eugenia and Fe deny to have signed the document entitled
Extrajudicial Settlement and Partition in 2009. For if such were the case, it
could not have caught plaintiffs by surprise to see the identical Extrajudicial
Settlement for signing in 2013 which led to the filing of an Estafa case in
February 2014.

44. If ever plaintiffs Eugenia and Fe’s signatures appeared in the document
purportedly alienating the property to defendant Jayme, their consent were
obtained through false and fraudulent assurances, misrepresentation, tricks
and deceitful scheme employed by defendant Sembrano taking undue
advantage of the trust and confidence reposed on him which was
committed in this wise:

1. Sometime in 2009, in one of the busy fast food restaurants in Cebu City
where plaintiffs Eugenia and Fe and Defendant Sembrano usually
meet, the latter taking advantage of the trust and confidence repose
upon him by the plaintiffs and with intent to deceive, made
representations to Plaintiffs Eugenia and Fe that the numerous copies
of the Deed of Absolute Sale he brought with him from Hilongos Leyte
for plaintiffs’ signature as vendors, pertains to several subdivided land
of lot 1-5-C-5-D-5 only;

Page 7 of 13
 2. The representation in this regard made to plaintiffs were false, and
were known to be false when they were made by defendant Sembrano,
because in truth and in fact, among the several Deeds of Absolute Sale
documents, one of which pertains to a sale of the whole of Lot 1-5-C-5-
D-7 and not only of Lot 1-5-C-5-D-5;

3. The fraudulent misrepresentations were made with the intention that

Plaintiffs would rely on them;

4. Plaintiffs reasonably relied on those representations made by

defendant Sembrano; and unknowingly, unwittingly and inadvertently
signed all documents presented including the sale of Lot 1-C-5-D-7;

5. Because of the scheme employed by defendant, plaintiffs had no way

of knowing that the representations made by defendant Sembrano
were false because it was made in haste, deceitfully carried out while
taking undue advantage of the trust and confidence reposed, and in
such a place where it was noisy, busy, and crowded.

6. Plaintiffs had suffered irreparable damages as a result of the

fraudulent and/or misrepresented statements made by defendant
Sembrano.

45. It is further interesting to note that Plaintiff May Nadine’s signature in the
Extrajudicial Settlement was a forgery.

46. The due execution and authenticity of the document entitled “SPECIAL
POWER OF ATTORNEY” is likewise denied, as Concepcion Aldemita’s
signature therein was likewise a forgery.

47. Furthermore, the “Special Power of Attorney” being couched in general

terms was merely a General Power of Attorney invoking Article 1877 of the
New Civil Code.1

The Purported Sale to Third Party

Defendants.

48. Meanwhile, unknown to the plaintiffs and while the title was still in the
name of the co-owner siblings, defendant Sembrano disposed portions of
subject land to the following buyers who without exercising due diligence in

1
Article 1877. An agency couched in general terms comprises only acts of administration, even if
the principal should state that he withholds no power or that the agent may execute such acts as
he may consider appropriate, or even though the agency should authorize a general and unlimited
management.
Page 8 of 13
 ascertaining the vendor’s title to the property and his capacity to convey,
bought the same in bad faith, namely:

a. Defendant Engelie Vilbar Zheng. A consequence of which TCT No. 115-

2017000642 registered in the name of Benedik S. Jayme was partially
cancelled and in lieu thereof TCT115-2018000643 was issued in the
buyer’s name;

b. Mary Ann Malesido who occupied a portion of the property on or before

March 21, 2014;

c. Joshua Niez who occupied a portion the property on or before

November 20, 2014;

d. Diana Dolz Estrelloso who bought portion of the property on

December, 2014;

e. Gilda Capellan who bought a portion of the subject property before

April 3, 2017

f. Defendants Vilbar and Capellan are holders of a Transfer Certificate of

Title namely, TCT # 115-2018000643, TCT # 115-2018001344, which
transfer certificates of title are null and void for reason that both
defendants were purchasers in bad faith of a registered land.

49. All these acts were upon the fraudulent orchestration and machination of
defendant Renato Sembrano who malevolently, maliciously and illegally
used Benedik S. Jayme as his dummy to the prejudice of the plaintiffs who
are the true owners thereof;

50. On July 6, 2018, plaintiffs filed an Adverse Claim before the Register of
Deeds of the Province of Leyte. Such Adverse Claim is annotated on
Defendant Benedik Jayme’s title, TCT No: 115-2017000642, under Entry No:
2018002485.

51. No conciliation before the Barangay concerned was initiated as the parties
to this case do not belong to the same municipality or city.

THE CAUSE OF ACTION FOR DAMAGES

52. For the vindication of the rights of plaintiffs over the subject parcel of land,
the latter are entitled to receive from defendants, jointly and severally, as

Page 9 of 13
 reasonable compensation, the FAIR MARKET VALUE with corresponding
payment of 24% interest per annum by way of damages;

53. The unlawful and malicious acts committed by defendants had caused
plaintiffs to suffer mental anguish, serious and great anxiety, moral shock
and injury thereby warranting the individual award of moral damages of
Php500,000.00 for each plaintiff, to be charged against all defendants in
solidum;

54. In order to discourage those who are similarly bent from doing such
detestable acts, and in order to set an example for the public good,
defendants should be adjudged, in solidum, to pay to plaintiffs the amount
of Php500,000.00 as exemplary damages.

55. In order to protect their rights and interest over the subject parcel of land,
plaintiffs were compelled to litigate and incur expenses thereby entitling
them to the award of attorney’s fees in its extraordinary concept in the
amount of Php 500,000.00;

56. The defendants shall likewise be charged with the expenses and costs of
litigation to include the reasonable compensation paid to counsel in the
amount of P100,000.00 as acceptance fee, P3,000.00 as appearance fee,
and the docket fee.

THE RELIEFS

WHEREFORE, premises considered, it is most respectfully prayed from this

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

1) DECLARING TCT No. 115-2017000642 registered under the name of

Benedik S. Jayme, fictitious, spurious, and null and void; as well as TCT
# 115-2018000643, TCT # 115-2018001344 and all other subsequent
transfer Certificates of Title emanating therefrom;

2) DECLARING the EXTRAJUDICIAL SETTLEMENT WITH ABSOLUTE

SALE and the SPECIAL POWER OF ATTORNEY void ab initio;

3) DIRECTING the Register of Deeds of the Province of Leyte to cancel the

aforesaid Certificate of Title with its corresponding reinstitution of TCT
T-36180 under the name of Rodolfo, et al, the co-owner siblings;

Page 10 of 13
 4) Ordering Benedik S. Jayme and/or Renato Sembrano to surrender the
Owner’s Duplicate Copy of TCT NO. 115-2017000642;

5) ORDERING Defendants and all those claiming under them to desist

from exercising or representing acts of ownership and/or possession of
the subject property;

6) Ordering the defendants to surrender the possession of the subject land

OR in default thereof be ordered to pay the FAIR MARKET VALUE of the
property, with corresponding interest of 24% per annum as reparation
for damages in either case;

7) ORDERING defendants to jointly and severally pay plaintiffs:

a. FIVE HUNDRED THOUSAND (P500,000.00) Pesos as moral

damages for each plaintiff, individually;
b. FIVE HUNDRED THOUSAND (P500,000.00) Pesos as
exemplary damages;
c. FIVE HUNDRED THOUSAND (P500,000.00) Pesos as
Attorney’s Fees
d. Cost of suit to include the Counsel’s Acceptance Fee of
P100,000.00, Appearance Fee of P3,000.00/hearing, and the
Docket Fee.

Plaintiffs pray for such other reliefs and remedies that are just and
equitable under the premises.

Hilongos Leyte, June 7, 2019.

ATTY. MIGUELA M. GABISAN

Counsel for Plaintiffs
Office: R.V. Villaflores St. Brgy. Western,
Hilongos Leyte
Roll No: 66929
Lifetime IBP No: 017000
MCLE: Compliance No: VI-0005100
PTR No: 2670349/01-11-2019/Hilongos Leyte
E mail Ad: migs.gabisan@yahoo.com

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

Page 11 of 13
We, FE A. JUSTINIANI, EUGENIA L. JUSTINIANI, MAY NADINE JUSTINIANI, in
their personal capacity and CAROLINA J. OCAMPO, LUCILLE W. JUSTINIANI,
ROBERT J. ALDEMITA, all represented by: EUGENIA L. JUSTINIANI, whose
personal circumstances are stated above, after having sworn to by law hereby
depose and state under oath that:

1. We are the plaintiffs in the above-entitled complaint;

2. We have caused the preparation of the foregoing complaint;

3. We have read the allegations herein contained, and that the same are true
and correct of our personal knowledge and based on authentic records;

4. We have not commenced any other action or proceedings involving the

same issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency; to the best of our knowledge, no such action or proceeding is pending in
the Supreme Court, the Court of Appeals, or different Divisions thereof, or any
other tribunal or agency; and that, if we should 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 other tribunal or agency, we
undertake to promptly inform this Honorable Court within five (5) days
therefrom.

In witness whereof, I have hereunto signed this Verification and Certification this
_____ day of June 2019, in Hilongos Leyte, Philippines.

FE A. JUSTINIANI EUGENIA L. JUSTINIANI

ID No: Senior citizen ID No. 87648 ID No. Senior Citizen No. 2647457
Issued by: Cebu City (LGU) Issued by: Cebu City (LGU)
Date of Issue: 7/28/14 Date of issue: 8/26/04

MAY NADINE J. SALIMBANGON CAROLINA J. OCAMPO

represented by:
Eugenia L. Justiniani

LUCILLE W. JUSTINIANI ROBERT J. ALDEMITA

Page 12 of 13
 represented by: represented by
Eugenia L. Justiniani Eugenia L. Justiniani

SUBSCRIBED AND SWORN TO before me, a notary public in and for the
Province of Leyte, this ______ day of June, 2019, in Hilongos Leyte. The affiant,
whom I identified through the above stated competent evidence of identity,
personally signed the foregoing instrument before me and avowed under penalty
of law to the whole truth of the contents of said instrument.

ATTY. MIGUELA M. GABISAN

Notary Public
Until December 31, 2020
Commission No. 205-2019-05
Office: R.V. Villaflores St. Brgy. Western,
Hilongos Leyte
Doc No: Roll No: 66929
Page No: Lifetime IBP No: 017000
Book No: II; MCLE: Compliance No: VI-0005100
Series of 2019. PTR No: 2670349/01-11-2019/Hilongos Leyte

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