Republic of the Philippines

REGIONAL TRIAL COURT
7th Judicial Region
Branch 4
Cebu City

CHARLES PO, BRUNO PO and
DUMBO PO
Plaintiffs,

-

Civil Case No. 42345

For: RECONVEYANCE AND/OR RECOVERY OF
OWNERSHIP AND POSSESSION, CANCELATION
OF TITLE, AND DAMAGES

versus –

EUMA CARREON, SPS. JERRY and
KARA S. CARREON,
SPS. JEROME and INA CARREON
Defendants,
CO MPLAI NT
COME NOW, Plaintiffs through their undersigned counsel and to this Honorable Court, most respectfully allege that:
1Parties to the case:
1.

Plaintiff's name, age, citizenship, status, residency.

2.

Defendant's name ,age, citizenship, status, residency.

2Statement of facts
3Cause of action
4DAMAGES
5 PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered as follows:
Plaintiff prays for such other reliefs as may be just and equitable in the premises.
City of Cebu, Philippines, 27th of June 2015.
ATTY. YDREL OBSIOMA

Counsel for the Plaintiffs
507 S. Osmena St., Gun-ob, Lapu-Lapu City
Roll of Attorneys No. 84262
IBP No. 534532/01-03-2015/CEBU CITY
PTR No. 467221/01-02-2015/CEBU CITY
MCLE Cert No. 83192, issued on Oct 15, 2015
Mobile No. 0928-5017536
Email Address: ydrel@yahoo.com
VERIFICATION AND CERTIFICATION OF
NON – FORUM SHOPPING
I, CHARLES PO, Filipino, of legal age residing at Unit D1, Ponce Building, Mabolo, Cebu City, after being sworn to in
accordance with law, deposes and says that:
I am the Plaintiff in the above-entitled case;
The facts stated in the above complaint are true and correct to the best of my knowledge and authentic records;
I have not commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency and,
to the best of my knowledge, no suck other action or claim is pending in them; and
If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall report that fact within
five(5) days from notice to the court or where the comlplaint or initiatory pleading has been filed.

it is respectfully prayed of this Honorable Court that after due notice and hearing.00) PESOS. PLAINTIFFS had executed a valid absolute deed of sale in favor of DEFENDANTS in the exercise of her rights to donate the property to other persons. judgment be rendered as follows: 1. 2. Philippine Currency. . by way of Acceptance fee. 123456 issued on September 16.00 deposit for legal expenses. in the City of Cebu by Charles Po with Passport No. this 27 th day of June 2015. ANSWER WITH COUNTERCLAIM Comes Now. PLAINTIFFS voluntarily. P5. 3. I have hereunto affixed my signature this 4th day of September. COUNTERCLAIM DEFENDANTS respectfully restate all foregoing allegations and denials and hereby further state that: 1.P2.000.000. CHARLES PO Affiant SUBSCRIBED and SWORN to before me. AFFIRMATIVE DEFENSES Defendants hereby restates all foregoing allegations and further state that: 1. PLAINTIFFS herself signed the deed of sale (ANNEX “A”) in favor of the DEFENDANTS as evidenced by a photo was taken during the signing of the deed of sale where both PLAINTIFF and DEFENDANTS were present.IN WITNESS WHEREOF. That such donation was likewise recorded in the Land Registry of Cebu. DEFENDANTS had lawful possession and ownership of the property donated by PLAINTIFFS and such rights the plaintiff had were transferred to defendants upon registration and issue of the Transfer Certificate of Title in favor of defendant. jointly and severally litigation expenses incurred by Plaintiffs and costs of this suit.00 per Appearance. 2014 at the Pasay City. by way of actual and/or compensatory damages. willfully and freely executed a deed of sale on her own accordance in favor of DEFENDANTS. DEFENDANTS as absolute owner of the questioned property exercised his right to dispose of the same as absolute owner thereof. jointly and severally.00) PESOS. Cebu Philippines.) Ordering Plaintiffs to pay to Defendants. the aforesaid sum of ONE HUNDRED THOUSAND (P100.) Ordering Plaintiffs to pay to Defendants. That DEFENDANTS admit the averment in paragraph 2 insofar as deef of absolute sale was executed by Plaintiff in favor of DEFENDANTS. That DEFENDANTS admit the averment in paragraph 1 of the Complaint as far as the Plaintiff’s personal circumstances are concerned. jointly and severally the sum of FIFTY THOUSAND (P50.000. 2. 2015 in Cebu City.) Ordering Plaintiffs to pay to Defendants. to wit: ADMISSIONS AND DENIALS 1.000. Philippine Currency. 2. Defendants in the above entitled case and to this Honorable Court most respectfully avers. 3. PRAYER WHEREFORE.

are hereby specifically denied. 30th of July 2015.com VERIFICATION That we. Philippines JUDICIAL AFFIDAVIT OF WITNESS August 1. the truth of the matter being those stated in the complaint. YDREL OBSIOMA Counsel for the Plaintiffs 507 S. 3. Euma Carreon. Brgy. The allegations under the Counterclaim. 84262 IBP No. That the aforesaid acts of the answering defendants are malicious and have been done in utter bad faith and have been done in utter bad faith. City of Cebu. We attest to the authenticity of the annexes thereof.2015 Issued at: GSIS CEBU Issued at: SSS CEBU SUBSCRIBED AND SWORN to before me this 30th day of July 2015 in the City of Cebu. Gun-ob. through the undersigned counsel and to this Answer with Counterclaim – Honorable Court. ATTY. Jerome Carreon. Euma Carreon SSS ID 412432 Issued on: May 2. premises considered. dismiss the Counterclaim of the defendants Irene and Joy Velvet and to grant the reliefs and remedies prayed for in the Complaint. We have read the foregoing petition and the allegations therein are true and correct of my own knowledge and/or based on the records on hand. Ina Carreon and Kara Carreon subscribe under oath. containing their pictures and signature which they identified to me as the persons who executed the foregoing verification. Jerry Carreon. most respectfully submits this Reply to Defendant’s 1. for reasons stated in the complaint. it is respectfully prayed unto this Honorable Court. Moreover.2015 Issued at: SSS CEBU Jerry Carreon Jerome Carreon GSIS ID 321452 SSS ID 657332 Issued on: May 2. Basak. 2015 . the Deed of Sale attached to the Answer is not legal. That paragraph 3-6 of the Answer of the defendants Irene and Joy Velvet. 467221/01-02-2015/CEBU CITY MCLE Cert No. REPLY PLAINTIFF. Cebu City. Therefore. Osmena St. and for the reason that the same are mere gratuitous conclusions on the part of the answering defendant. 83192. are hereby specifically denied the truth of the matter being those stated in the Complaint. the ownership thereof belongs to the plaintiff. issued on Oct 15.2015 Issued on: May 2.. 2015 Mobile No. Lapu-Lapu City Roll of Attorneys No. hereby deposes and states that: We are the defendants in the instant case. Philippines. in derogation of the established legal rights of the plaintiff. 0928-5017536 Email Address: ydrel@yahoo.Defendants prays for such other reliefs as may be just and equitable in the premises. 2. Philippines by the affiants mentioned above with their respective competent evidence of identity. PRAYE R WHEREFORE. the answering defendants claim is without any legal or factual basis. 534532/01-03-2015/CEBU CITY PTR No.

year and place first above-written.This Judicial Affidavit of Lerdy Beck. 6969010. 4. 2. This Judicial Affidavit is offered to prove: (1) all the allegations in the complaint. 1. with reservation to present additional exhibits in the course of the proceedings of the instant case. I hereby certify she has voluntarily. Lerdy Beck. 014040001 MCLE Compliance Certificate No. while Answeres were given/made by witness Mr. Cebu City.and (3) all matters related thereto. 3. is executed to serve as his direct testimony in the instant case. 2015. Questions were propounded by plaintiff’s counsel. I N WITNESS WHEREOF. which the affiant fully understands. this 14th day of August . Parian. issued on Dec 11. 2015 at Cebu City. residence address. Ydrel Obsioma. Please state your name. Ans: I am Lerdy Beck. Lerdy Beck Affiant SUBSCRIBED AND SWORN to before me. 2014 PTR No. affiant exhibiting to me her SSS ID No. 2015 Roll No. OBSIOMA Notary Public December 20. in this case? 3. in English dialect and the corresponding translation of his answer is provided after each question. (2) including all the ANNEXES appended thereto.com Cellphone No. Cebu City. YDREL C. X-000069 IBP No. on the day. 65544 issued September 16. Brgy. age. in English. Atty. How are you related to the defendants Ans: The defendant is the lessee of the property situated at Zamora St. 42 years old. How did you know her? Ans: We live in the same Barangay and she asked me if I can be the caretaker of her property because she was going to work abroad. 2014 at Cebu City. How did you know the defendant? Ans: I came to know the defendant when I was called by my boss to be a witness to the contract of lease they executed. Parian. 2015 ydrel@yahoo. knowingly and intelligently executed the foregoing and that she fully understands it contents. 09228218605 . which he respectfully requests to be correspondingly marked as EXHIBITS in this case . I have hereunto affixed my signature this 14th day of August. I live in Brgy. WITNESS MY HAND AND NOTARIAL SEAL. 8111118. and occupation. How are you related to the plaintiff in this case? Ans: She was my employer. issued on January 12.