Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 12
Davao City

XANDER FORD, CIVIL CASE NO. 2645

Plaintiff
FOR: QUIETING OF
-versus- TITLE AND/OR RECOVERY OF
OWNERSHIP, ANCELLATION
OF CERTIFICATES OF
TITLES, DAMAGES AND
ATTORNEY’S FEES

TONY PARKER,

Defendant.

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

COMPLAINT

COMES NOW, Plaintiff through the undersigned counsel, unto this

Honorable Court, most respectfully alleges, THAT:
The Parties
1. Plaintiff, of legal age, Filipino, married, and a resident of Makati, Metro
Manila, has the capacity to sue and be sued and may be served with
notices and other court processes through the undersigned counsel
Attorney Gridlyn Matilac , Davao City, Davao del Norte;

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2. Defendant, of legal age, Filipino, widow, has the capacity to be sued and
to sue, and a resident of Sobrecary Street Phase 4, Sison Subdivision,
Davao City, where she may be served with summons, notices and other
court processes;

The Cause of Action

3. Plaintiff is the uncle of the defendant’s husband, the late SPANGE BAB;
4. Defendant’s husband was the legal counsel of the plaintiff and of the
plaintiff’s entire corporation located at Davao City, the Davao
Development Corporation;
5. Sometime in January 17, 2012, plaintiff wanted to purchase a parcel of
land located at Sison Subdivision and covered under TCT No. T- 111-22
but due to the fact that plaintiff is permanently residing in Manila, there
were some legal inconveniences which caused delay to the transaction;
6. Defendant’s husband then suggested that in order to expedite the
transaction of purchasing the said parcel of land, the purchase must be
placed under the name of his wife, the herein defendant or under his
name and the same be held in trust for the plaintiff and under the clear
agreement that later on the said land would be reconveyed to the real
owner, the herein plaintiff;
7. Though at first, the plaintiff was reluctant to the said suggestion, he
conceded to the proposal under the assurance of the defendant’s husband
that a Special Power of Attorney would be executed by the latter and by
the defendant in favor of the plaintiff authorizing the latter to sell the said
parcel of land and to receive the proceeds thereof. Attached as Annex
“E” hereof is the Special Power of Attorney dated January 27, 2012 and
made an integral part of this hereof;
8. Thus, said transaction was pursued wherein the defendant’s husband
stood as the vendee with the purchase price furnished by the plaintiff and
under the agreement they had previously agreed;
9. On February 02, 2012, the said transaction was registered with the
Registry of Deeds and subsequently the copy of the owner’s duplicate
copy of title was issued but the same was right away delivered to the

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 plaintiff and had never been in the possession of the defendant nor by his
husband and the corporation of the plaintiff from then on took possession
of the said parcel of land and paid all real estate taxes that were due from
the time of acquisition up to the present;
10.TCT No. T-111-22 was later on subdivided into four parcels of land
covered under TCT Nos. 1234, 5678, 4567, and 6789. TCT Nos. 1234
and 5678 and was conveyed to the plaintiff but the remaining two were
not due to the death of the defendant’s husband. Attached as Annex “F”
hereof is the Death Certificate of Atty. Timothy Te;
11.On March 06, 2012 another parcel of land located at Sison Subdivision
and covered by OCT No. 1112 was purchased under the same agreement.
Thus, the title was registered to the SPANGE BAB as the trustee of the
plaintiff;
12.The herein defendant who had long been separated from her husband
even before the latter’s death filed a petition for the issuance of new
owner’s duplicate copy of TCT No. T-111-22 alleging that the said
duplicate copy is lost on 7 December 2012. Attached as Annex “A”
hereof is the machine copy of the said petition;
13.Plaintiff being the real owner of the said land which is only held in trust
by the defendant and having the possession of the owner’s duplicate copy
of TCT No. T-111-22 since it was issued by the Registry of Deeds of
Davao del Norte, opposed the said petition on the ground that the same is
not lost. Attached as Annex “G” hereof is the copy of the said
Opposition;
14.Plaintiff is constrained to secure the services of counsel to enforce and
protect his rights and have incurred Php 10,000 for acceptance fee.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully

prayed that, after hearing, judgment be rendered:

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 1. Declaring the plaintiff as the lawful owner of TCT No. T-111-22 situated
at Sison Subdivision Davao City, Davao del Norte;

2. Removing all the clouds hovering on the title of the plaintiff particularly
the malicious claim of the Defendant over it;

3. Canceling the titles namely TCT No. 91011 in the name of TONY
PARKER to give way to the processing of the Certificates of Titles in
the name of the plaintiff after he has complied with the requirement of
registration in the Registry of Deeds;

4. Ordering the Defendant to sign whatever necessary documents to effect

transfer of title of the land to the Plaintiff;

5. Ordering the Defendants to pay Plaintiffs attorney’s fees in the amount of

Php 10,000 and expenses of the suit.

Plaintiffs pray for such other relief just and equitable under the premises.
Davao City
February 2, 2020

GRIDLIN A. MATILAC
Counsel for Plaintiff
Until December 31, 2021
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20; Davao City
IBP O.R. No. 024454; 01-02-20; Davao City

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF DAVAO DEL SUR) S.S
IN THE CITY OF DAVAO………..)
X…………………………………….X
VERIFICATION AND CERTIFICATION

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I, XANDER FORD, of legal age, after having been duly sworn in accordance with
law, depose and state that:
1. I am a petitioner in the above-stated case representing the republic of the
Philippines;
2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis true and authentic
records.
4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
6. If I should thereafter 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 undertake to report that fact within five (5) days
therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signatures this 2 nd day of

February 2019, at Davao City, Philippines.

XANDER FORD
Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of February 2020 at NHA
Davao City affiant exhibiting to me his PASSPORT ID. No. 662133 as competent
proof his identity, personally signed the forgoing affidavit and acknowledged that
he executed the same.

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WITNESS MY HAND AND SEAL this 2nd day of February 2020 in Davao City,
Philippines.

NOTARY PUBLIC
Doc. No. 50;
Page No. 10;
Book No. 01;
Series of 2020.

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