Complaint With Multiple Causes of Action

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch _____
Narvacan, Ilocos Sur
HEIRS OF THE LATE
MENECIO M. LANDICHO,
NAMELY, SHIN LANDICHO,
RYAN LANDICHO, AND
ROY LANDICHO
Plaintiffs,
CIVIL CASE NO. _______

FOR: ANNULMENT OF SALE
CANCELLATION OF TAX
DECLARATIONS,
-versus-
RECONVEYANCE AND
RECOVERY OF
POSSESSION
AND DAMAGES
SMALL WORLD EVANGELISM, INC.,
MANUEL V. MURADA,
REGISTER OF DEEDS and
PROVINCIAL ASSESSOR OF THE
PROVINCE OF ILOCOS SUR
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x
COMPLAINT
Plaintiffs, through the undersigned counsel, to this Honorable Court,
respectfully allege that:
1. Plaintiff Shin Landicho is of legal age, married, Filipino, and a
resident of #18 A. Luna St., Natividad, Naguilian, La Union; Plaintiff Ryan
Landicho of legal age, married, Filipino, and a resident of #19 A. Luna St.,
Natividad, Naguilian, La Union, and Roy Landicho is as well of legal age,
married, Filipino, and a resident of #20 A. Luna St., Natividad, Naguilian, La
Union
2. Defendant Small World Evangelism, Inc. (defendant corporation for
short) is a corporation duly organized according to Philippine Law with
principal office at Brgy. Sumabnit (near Km. 192), Binalonan, Pangasinan

where it may be served with summons; defendant Manuel V. Murada
(defendant Murada for short) is of legal age, married and a resident of Brgy.
Maynganay Sur, Sta. Maria, Ilocos Sur, where he may be served with
summons;
3.
Defendants Register of Deeds and the Provincial Assessor of the
Province of Ilocos Sur are joined as formal and nominal parties and may be
served with summons at the Provincial Capitol, Vigan, Ilocos Sur;
4. Plaintiffs are the sons of MENECIO M. LANDICHO, who died intestate,
on December 21, 1994 (copy of her death certificate is hereto attached and
made part hereof as Annex A);
5. During the time material to the action defendant Murada has been a
member of the board of trustees of defendant corporation;
6. In June 1986, during the lifetime of the late Menecio M. Landicho,
and his wife Paulina Landicho, and by their tolerance, defendant corporation
entered into possession of a parcel of land owned by the said Menecio
Landicho bounded as follows:
On the North:
by Luis Flores and others
On the South:
by Menecio M. Landicho
On the East:
On West:
by Menecio M. Landicho
by National Road
Containing an area of one (1) hectare more or less and located at

Maynganay Sur, Sta. Maria, Ilocos Sur;
7.
The parcel of land described in the immediately preceding
paragraph came from a larger tract of land owned by Menecio M. Landicho

and declared under tax Declaration No. 67594-V;
8. Plaintiffs, believing that defendant corporation bought the abovedescribed property from their late father, Melecio M. Landicho, accepted
defendant corporations possession;
9. Following a dispute as to the length of frontage of the abovedescribed property, between plaintiffs and defendant Murada in July 2005,
plaintiffs researched and found out, on July 18, 1995, from the records of the
register of Deeds of Ilocos Sur, that on September 26, 1997, defendant
corporation made it appear that the late Aurora M. Gochingco sold and
transferred the above-entitled property to the defendant corporation;
10. Using the falsified deed of sale aforementioned (copy of which is
hereto attached and made integral part hereof as Annex B), the defendant
corporation was able to transfer the above-described property and to obtain
a new tax declaration (Tax Declaration No. 24520-F) in its name;
11. Sometime in the year 2003, defendant corporation executed a
deed of sale of the above-described property in favor of defendant Murada;
12. Said deed of sale, entered between defendant corporation and
defendant Muarada, is entered as document number 9268 in the Notarial
Regioster of Notary Public Kristine Badua, and a copy thereof is hereto
attached and made part as Annex C;
13. By virtue of the deed of sale described in the immediately
preceding paragraph, defendant Murada was able to transfer the property to
his name under Tax Declaration No. 12264-A;
14. The sale to the defendant Murada by the defendant corporation is

admittedly fictitious and without consideration, as shown by a Joint Sworn
Statement by the members of the board of trustees of the defendant
corporation dated Aril 26, 2004; and is a deceitful and fraudulent scheme to
make it appear that the above-described property had been transferred to a
third party and thus make it difficult for the plaintiffs to recover the abovedescribed property;
FIRST CAUSE OF ACTION
15. Plaintiffs replead all the preceding allegations insofar as they are
material and relevant herein;
16. Defendant corporation, after entering possession of the abovedescribed property without just and valid title, constructed structures and
buildings thereon;
17. Defendant Murada, being the successor-in-interest of defendant
corporation, cannot acquire a better right than said corporation;
18. Plaintiffs have a clear legal right to the possession, use, and
enjoyment of the above-described property, including whatever buildings
and structures which defendants introduced thereon;
19. Despite demands by plaintiffs upon the defendant to reconvey title
and to surrender possession of the above-described property of plaintiffs, the
defendants refused and continue to refuse to the same;
20. Because defendant have continuously occupied the abovedescribed property in the manner aforementioned, plaintiffs are entitled to
compensation in the form of rentals which may be assessed at Five Thousand
Pesos (P5,000.00) per annum since June 1984;
SECOND CAUSE OF ACTION

21. Plaintiffs replead all the preceding allegations insofar as they are
material and relevant herein;
22. The above-described property was and still is devoted primarily to
the production of rice, and said property judging from the produce parcels of
land surrounding it, easily produces rice, which can be valued at no less than
Eight Thousand Pesos (P8,000.00) per annum;
23. Since June, 1984, when defendant took possession of the abovedescribed property, said property has produced or could have produced rice
which can be valued at no less than One Hundred Thousand Pesos
(P1000,000.00);
24. During off-season, the property above-described was still being
planted to sugar, vegetables, corn and tobacco which can be valued at no
less than Fifty Thousand Pesos (50,000.00);
25. Despite repeated demands, defendants refused and continue to
refuse to reimburse plaintiffs the value of the produce of the above-described
property;
COMMON ALLEGATIONS
26. Defendants bad faith, fraudulent and deceitful conduct should not
go unpunished, and by way of example of correction for the public good,
defendants should be assessed, jointly and severally, the sum of Two
Hundred Thousand Pesos (P200,000.00) as exemplary damages;
27. Because of defendants gross and evident bad faith in refusing to
satisfy plaintiffs plainly valid, just and demandable claims, plaintiffs were
forced to hire the services of counsel at the agreed fee of One Hundred Fifty
Thousand Pesos (P150,000.00) and to incur expenses of litigation which shall

be proved during the hearing;
PRAYER
WHEREFORE, it is respectfully prayed after hearing, judgment be
rendered, in favor of plaintiffs and against the defendants, as follows to wit:
1. Declaring as null and void and without legal effect whatsoever the
Deed of Sale dated September 26, 1987 (Annex B);
2. Declaring as null and void and without legal effect the deed of sale
executed by defendant corporation in favor of defendant Murada
which is mentioned and described in paragraph 8 and 9 hereof;
3. Ordering the defendants Register of Deeds and Provincial Assessor
of the Province of Ilocos Sur to cancel Tax Declaration No. 24520-F
issued in the name of defendant corporation and of Tax Declaration
No. 12261-A issued in the name of defendant Murada;
4. Ordering defendants corporation and Murada to reconvey title and
to surrender possession of the property above-described to
plaintiffs;
5. Ordering defendants corporation and Murada, jointly and severally
to pay unto plaintiffs the amount of P150,000.00 as the plaintiffs
compensation for the value of the produce of the above-described
property from June 1984 to the filing of the complaint, and
thereafter,
an
additional
amount
of
Eight
Thousand
Pesos
(P8,000.00) per annum, until the property is finally reconveyed to

an repossessed by herein plaintiffs;
6. Ordering defednats corporation and Murada, jointly and severally to

pay unto plaintiffs the amount of P150,000.00 as attorneys fees;
7. Ordering defendants corporation and Murada, to pay jointly and
severally to pay unto plaintiffs the amount of p150,000.00 as
attorneys fees;
8. Ordering defendants corporation and Murada, jointly and severally,
the amount of P65,000.00 per annum as rentals from June 1984
until they actually surrender possession of the property;
9. Ordering defendants corporation and Murada, jointly and severally
to pay unto plaintiffs expenses of litigation as may be proved during
the hearing, and to pay costs of suit;
10.
Ordering defendants Provincial Assessor of the Province of Ilocos
Sur to issue a new tax declaration in the name of plaintiffs;

Plaintiffs pray for such other relief just and equitable in the above
premises.
Baguio City, Philippines, this 20th day of September, 2011.
RHEINA B. LAPEA
Counsel for the Plaintiffs
B-319, 3/F, Lopez Building
Session Road, Baguio City
Roll No. 60885
PTR No. 1641702, 01-02-11, B.C.
IBP No. 643425, 01-02-11, B.C.
MCLE Compliance No. III 0003991-June 22, 2010
REPUBLIC OF THE PHILIPPINES)

) SS.
DONE: IN THE CITY OF BAGUIO)
X------------------------X
VERIFICATION AND CERTIFICATION

WE, SHIN LANDICHO, RYAN LANDICHO, and ROY LANDICHO, after
having been duly sworn to in accordance with law, hereby depose and state:
1. That we are the Plaintiffs in the above-entitled case;

2. That we caused the preparation of the foregoing pleading and that
the same are true and correct to the best of our personal knowledge
or based on authentic records;
3.
That we had not theretofore commenced any other action or

proceeding involving the same issue in the Supreme Court, Court of
Appeals, or any other tribunal or agency;
4. If we should theretofore learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, Court of
Appeals, or any other tribunal or agency, we undertake to report
that fact within five days (5) therefrom to this Honorable Court.
SHIN LANDICHO
RYAN LANDICHO
ROY LANDICHO
Affiant
Affiant
Affiant
SSS No. 1234567
SSS No. 89101112
SSS No.
89101112
Issued on: January 2, 2010
Issued on: January 1, 2009
Issued on:
January 2, 2009
Issued at: Naguilian, La Union Issued at: Naguilian, La Union Issued at: Naguilian,
La Union
SUBSCRIBED AND SWORN to before me this 20 th day of September

2011 in the City of Baguio, Philippines. Affiants having exhibited to me their
Social Security System Identification Card bearing Numbers appearing below
their names above.
Doc. No. 20;
Page No. 4;
Book No. I;
Series of 2011.
RHEINA B. LAPEA
Notary Public
SN No. 33-NC-05 (R)
Commission expires on December 31, 2011
B-319, 3/F, Lopez Bldg., Session Rd., Baguio City
R.O.A. No. 60885
PTR No. 1641702, 01-02-06, B.C
IBP No. 643425, 01-02-06, B.C.

Complaint With Multiple Causes of Action

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What is the dispute between the plaintiffs and defendants regarding?

What is the dispute between the plaintiffs and defendants regarding?

What actions did the defendants take regarding the disputed property according to the plaintiffs?

What actions did the defendants take regarding the disputed property according to the plaintiffs?

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

CIVIL CASE NO. _______

principal office at Brgy. Sumabnit (near Km. 192), Binalonan, Pangasinan

Defendants Register of Deeds and the Provincial Assessor of the

by Luis Flores and others

Containing an area of one (1) hectare more or less and located at

The parcel of land described in the immediately preceding

paragraph came from a larger tract of land owned by Menecio M. Landicho

14. The sale to the defendant Murada by the defendant corporation is

SECOND CAUSE OF ACTION

Thousand Pesos (P150,000.00) and to incur expenses of litigation which shall

(P8,000.00) per annum, until the property is finally reconveyed to

6. Ordering defednats corporation and Murada, jointly and severally to

Ordering defendants Provincial Assessor of the Province of Ilocos

Sur to issue a new tax declaration in the name of plaintiffs;

REPUBLIC OF THE PHILIPPINES)

VERIFICATION AND CERTIFICATION

1. That we are the Plaintiffs in the above-entitled case;

That we had not theretofore commenced any other action or

4. If we should theretofore learn that a similar action or proceeding

SUBSCRIBED AND SWORN to before me this 20 th day of September

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