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.

PRAYER WHEREFORE. it is respectfully prayed of this Honorable Court that after due notice and hearing. 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.000. That DEFENDANTS admit the averment in paragraph 1 of the Complaint as far as the Plaintiff’s personal circumstances are concerned.00 deposit for legal expenses. willfully and freely executed a deed of sale on her own accordance in favor of DEFENDANTS. jointly and severally the sum of FIFTY THOUSAND (P50. by way of actual and/or compensatory damages.00) PESOS. I have hereunto affixed my signature this 4th day of September. P5.00 per Appearance.) Ordering Plaintiffs to pay to Defendants. the aforesaid sum of ONE HUNDRED THOUSAND (P100. jointly and severally. this 27 th day of June 2015.000. in the City of Cebu by Charles Po with Passport No. . 2. Philippine Currency. That such donation was likewise recorded in the Land Registry of Cebu. 2014 at the Pasay City. 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. 3. 3. CHARLES PO Affiant SUBSCRIBED and SWORN to before me. COUNTERCLAIM DEFENDANTS respectfully restate all foregoing allegations and denials and hereby further state that: 1.) Ordering Plaintiffs to pay to Defendants.000. That DEFENDANTS admit the averment in paragraph 2 insofar as deef of absolute sale was executed by Plaintiff in favor of DEFENDANTS. 2. DEFENDANTS as absolute owner of the questioned property exercised his right to dispose of the same as absolute owner thereof. 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.P2. Defendants in the above entitled case and to this Honorable Court most respectfully avers. PLAINTIFFS voluntarily. 2.000. AFFIRMATIVE DEFENSES Defendants hereby restates all foregoing allegations and further state that: 1. 123456 issued on September 16. by way of Acceptance fee.IN WITNESS WHEREOF.00) PESOS. Philippine Currency. Cebu Philippines. 2015 in Cebu City.) Ordering Plaintiffs to pay to Defendants. ANSWER WITH COUNTERCLAIM Comes Now. to wit: ADMISSIONS AND DENIALS 1. jointly and severally litigation expenses incurred by Plaintiffs and costs of this suit. judgment be rendered as follows: 1.

. the truth of the matter being those stated in the complaint.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. hereby deposes and states that: We are the defendants in the instant case. We attest to the authenticity of the annexes thereof. YDREL OBSIOMA Counsel for the Plaintiffs 507 S. are hereby specifically denied the truth of the matter being those stated in the Complaint. Jerry Carreon. 534532/01-03-2015/CEBU CITY PTR No. Philippines by the affiants mentioned above with their respective competent evidence of identity.2015 Issued at: SSS CEBU Jerry Carreon Jerome Carreon GSIS ID 321452 SSS ID 657332 Issued on: May 2. ATTY. the ownership thereof belongs to the plaintiff. containing their pictures and signature which they identified to me as the persons who executed the foregoing verification. Ina Carreon and Kara Carreon subscribe under oath. Basak. 84262 IBP No. Cebu City. Brgy. 83192. 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. dismiss the Counterclaim of the defendants Irene and Joy Velvet and to grant the reliefs and remedies prayed for in the Complaint. Philippines JUDICIAL AFFIDAVIT OF WITNESS August 1. the Deed of Sale attached to the Answer is not legal. premises considered.Defendants prays for such other reliefs as may be just and equitable in the premises. in derogation of the established legal rights of the plaintiff. Therefore. Gun-ob. most respectfully submits this Reply to Defendant’s 1. Moreover. 30th of July 2015. Osmena St. 3. Lapu-Lapu City Roll of Attorneys No. and for the reason that the same are mere gratuitous conclusions on the part of the answering defendant. Jerome Carreon. Euma Carreon. 2. for reasons stated in the complaint. 2015 Mobile No. 2015 . Euma Carreon SSS ID 412432 Issued on: May 2. issued on Oct 15. 0928-5017536 Email Address: ydrel@yahoo. Philippines. the answering defendants claim is without any legal or factual basis. That paragraph 3-6 of the Answer of the defendants Irene and Joy Velvet.2015 Issued on: May 2. PRAYE R WHEREFORE. 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. REPLY PLAINTIFF. 467221/01-02-2015/CEBU CITY MCLE Cert No. through the undersigned counsel and to this Answer with Counterclaim – Honorable Court. it is respectfully prayed unto this Honorable Court. The allegations under the Counterclaim. City of Cebu. are hereby specifically denied.com VERIFICATION That we.

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

Sign up to vote on this title
UsefulNot useful