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REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURTBRANCH ______, MAKATI CITY
Arthur Garcia,Plaintiff,
Civil Case No. ____________- versus - For: Quieting of Title
Chupeta Herman,
Defendant.x --------------------------------------- x
PETITION
PLAINTIFF, by counsel, respectfully states that:
1. PLAINTIFF, of legal age, resides at 44 Bagong Silang st., Brgy.
Mabuhay, Makati City.
2. DEFENDANT, also of legal age, resides at 22 Rockwell Drive, Makati
City, where they may be served with pertinent notices.
3. PLAINTIFF is the registered owner of the subject lot (hereinafter
LOT) located at 20 Rockwell Drive, Rockwell Center, Makati City as
recorded in Transfer Certificate of Title (TCT) No. 11873645, which
is more specifically described as:
Bounded on the north by Park 9 Street; on theSouth by F. de la Rosa St.; on the East byEsteban Abada Street; in the West byKatipunan Avenue; Measure two hundred (200)square meters.
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attached herein as Annex A.
4. Ownership of the LOT was acquired by PLAINTIFF by succession
from his father, Arturo Garcia, who died in 2001.
5. On 19 November 2008, the Registry of Deeds Office at the Makati
City Hall was entirely destroyed by fire, burning in the process all
the documents kept therein.
6. These destroyed documents included the Registry of Deeds copy of
TCT No. 11873645, described above, representing PLAINTIFFs
ownership of the LOT subject of this case.
7. On 16 November 2011, PLAINTIFF returned to the Philippines and
discovered that a commercial building (hereinafter Herman
Building) was already constructed on his LOT.
8. On the same date, PLAINTIFF confronted the herein DEFENDANT
who represented himself as the owner of both the Herman Building
and the LOT.
9. On the said occasion, DEFENDANT showed to PLAINTIFF TCT No.
67787847 allegedly evidencing his supposed ownership of the LOT.
10. Upon seeing the said certificate of title, PLAINTIFF immediately went
to the Register of Deeds of Makati, Mr. Jun Encarnacion, to verify the
claim of DEFENDANT and to show his owners copy of TCT No.
11873645.
11. The Register of Deeds also informed him that the DEFENDANTs
certificate of title was reconstituted on 22 March 2009.
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12.This act of DEFENDANT in reconstituting the certificate of title is
entirely baseless and fraudulent and creates a cloud upon
PLAINTIFFs title to the LOT resulting in prejudice to the latter.
13. Moreover, as a result of DEFENDANTS actions in fraudulently
depriving PLAINTIFF of his property, PLAINTIFF has suffered mental
anguish and sleepless nights. Thus DEFENDANT is liable for moral
damages in the amount of One Million Pesos (Php 1,000,000.00)
14. Also as a result of DEFENDANTS actions which are wanton,
fraudulent, reckless, oppressive and malevolent, he is liable to
indemnify PLAINTIFF in the amount of One Million Pesos (Php
1,000,000.00) as exemplary damages.
15. As a result of DEFENDANTS actions, PLAINTIFF was constrained to
hire services of counsel in order to protect his rights. Thus
DEFENDANT is liable for attorneys fees in the amount of One
Hundred Thousand Pesos (Php 100,000.00)
PRAYER
12. WHEREFORE, it is respectfully prayed that this Honorable Court
issue an order annulling DEFENDANTs TCT No. 67787847 and
ordering DEFENDANT to pay PLAINTIFF:
A. Moral damages in the amount of One Million Pesos (Php
1,000,000.00)
B. Exemplary Damages in the amount of One Million Pesos (Php
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1,000,000.00)
C. Attorneys fees in the amount of One Hundred Thousand Pesos
(Php100,000.00)
D. The cost of suit
E. Other reliefs, just and equitable under the circumstances, are
likewise prayed for.
Makati City, 21 November 2011.
Celery R. FarjaraCounsel for Plaintiff
20 Rockwell Drive, Rockwell Center Makati CityPTR No. 55566673, 07/08/2010, Makati
Roll of Attorney No. 9883748849IBP No. 17372389 (Lifetime Member)
MCLE Exempt
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, Arthur Garcia, of legal age, do hereby state that I caused thisComplaint to be prepared; I have read its contents and affirm that they aretrue and correct to the best of my own personal knowledge and authenticrecords; I hereby certify that there is no other case commenced or pendingbefore 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 frommy notice.
IN WITNESS WHEREOF, I have signed this instrument on 21 November2011.
Arthur Garcia
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SUBSCRIBED AND SWORN TO before me in the City of Makati on thisday of 21 November 2010, affiant exhibiting before me his Social Security
System ID no. 12-66743-9 issued by the Social Security System Office on 7September 2007.
Nico BernardoNotary Public in Makati City
14 J.P Rizal Avenue, Makati CityCommission No. 12474764, Makati City
PTR No. 47983783, 04/04/2004 (Quezon City)Roll of Attorneys No. 88989832
IBP No. 1273787483 (Lifetime Member)Appointment No. 89434934
Doc. No. ______;Book No. ______;Page No. ______;Series of 2010.
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