Professional Documents
Culture Documents
Attached and marked as Annex A is a copy of the Certificate of Live Birth of Nelly
Rama.
2
Attached and marked as Annex B is a copy of the Certificate of Live Birth of Aida
Rama Damo.
3
Attached and marked as Annex C is a copy of a Joint Affidavit of Two Disinterested
Persons attesting to the fact that Aida Rama Damo and Susan Rama Damo is one and
the same person.
4
Attached and marked as Annex D is a copy of the Certificate of Live Birth of Desiree
Oblenda Lawas.
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St.,Dumlog, Talisay City, Cebu, where she may be served with summons
and other processes of this Honorable Court.
6) Defendants Editha Suela Rama, Maria Antonia Rama Patalinghug,
Dennis Rama, Sherwin Rama, and Geraladine Rama are the surviving
childrens of Ceferino Rama, all Filipinos, of legal ages with common postal
address at 816 Canizarez St.,Dumlog, Talisay City, Cebu, where they may be
served with summons and other processes of this Honorable Court.
7) Defendant Register of Deeds of Cebu Province is a government
agency which is the repository of records affecting properties and is tasked
with the registration, cancellation, and transfer of titles thereof. Defendant
Register of Deeds may be served with summons and other processes of this
Honorable Court in the Office of the Registry of Deeds of Cebu Province
located at Department of Agriculture Compound, M. Velez Street, Cebu
City, 6000 Cebu.
THE CAUSE OF ACTION
FOR ANNULMENT OF EXTRAJUDICIAL SETTLEMENT OF
ESTATE, CANCELLATION OF TRANSFER CERTIFICATE OF
TITLE
8) Plaintiffs Rama and Damo are among the six (6) childrens and legal
heirs of deceased spouses Jose Alcordo Rama 5 and Beneria Jokom Nolasco.
While plaintiff Lawas is one of the five (5) childrens and legal heirs of the
late Fermin Oblenda and Gloria Rama Oblenda6.
9) Deceased Jose Alcordo Rama and Gloria Rama Oblenda, Jesus
Rama, Bruno Rama, Ceferino Rama and defendant Felipe were the six (6)
Attached and marked as Annex E is a copy of the Certificate of Death of Jose
Alcordo Rama.
6
Attached and marked as Annex F is a copy of the Certificate of Death of Gloria
Rama Oblenda
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siblings of the late Trinidad Rama Auld (Auld for brevity), who died on
February 16,20127, without issue and left a parcel of land covered by a
Transfer Certificate of Title No. T-151847. This parcel of land has an
aggregate area of 557 square meters and is located in Barangay Dumlog,
Talisay City, Cebu8.
9) Defendant Felipe Rama and deceased Ceferino Rama , during the
lifetime of the latter, caused the extra-judicial settlement of the intestate
estate of their deceased sister Auld on December 16,2013 and registered it
with Cebu Province Registry of Deeds, adjudicating the said estate unto
themselves9 defrauding other legal heirs of their deceased siblings of their
rightful share of the property .
10) It was sometime on July 2013, when the plaintiffs learned that
defendant Felipe and deceased Ceferino who later died in the year 2014, has
caused the preparation of the extra judicial settlement of the estate and were
processing for the Transfer Certificate of Title of the estate of their aunt
Auld. They were deceived by defendant Felipe that deceased Ceferino that
their other siblings and their successors who have already died ahead of
them were no longer entitled to any share of the estate of Auld and only they
(Felipe and Ceferino) are the only surviving heirs of their deceased sibling
Auld. Thus, on July 17, 2013, in order to protect thier rights and interest
over the subject property plaintiffs Damo and Lawas filed an Affidavit of
Adverse claim with the Office of the Register of Deeds of Cebu Province 10
which was duly annotated in the Transfer Certificate of Title T-151847 in the
name of Trinidad Rama Auld.
16) For the vindication of the rights of plaintiffs over the parcel of
land covered by Transfer Certificate of Title No. 102-2014001351 that was
fraudulently acquired in its entirety by defendants, plaintiffs are entitled to
receive from defendants, joint and several, nominal damages in the amount
of Php50,000.00 under Articles 2221 and 2222 of the Civil Code;
21) In order to discourage those who are similarly bent from doing
such detestable act of defendants and in order to set an example for the
public good, defendants should be adjudged, solidarily, to pay to plaintiffs
the amount of Php100,000.00 as and for exemplary damages.
THE RELIEFS
WHEREFORE, premises considered, it is most respectfully prayed
from this Honorable Court that, after due notice and hearing, judgment be
rendered as follows:
1) ORDERING the Deed of Extrajudicial Settlement of Estate NULL
and VOID;
2) ORDERING the cancellation of Transfer Certificates of Title Nos.
102-2014001351 for being NULL and VOID;
3) REINSTATING Transfer Certificates of Title No. T-151847;
4) ORDERING DEFENDANTS to convey ownership and possession
of the subject property to plaintiffs subject to a just and equitable partition
thereof by and between all interested parties ;
5) ORDERING defendants to jointly and severally pay plaintiffs:
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HABEAS CORPUZ
Roll of Attorney No. 62850 May 06,2014
PTR OR No. 599058 January 07,2015 Cebu City
IBP OR No. 966627 January 7,2015 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: writofhabeascorpuz@gmail.com
2.
3.
That we have read the contents thereof and that the same are
true and correct to the best of our personal knowledge or based on
authentic records ;
4.
a.
That we have not theretofore commenced any action of
any claim involving the same issues in any court, tribunal, or quasijudicial agency and to the best of my knowledge, no such other action or
claim is pending therein ;
b.
If there is such other pending action or claim, a
complete statement of the present status thereof ; and
c.
If we should thereafter learn that the same or similar
action or claim has been filed or is pending, we shall report the fact within
five (5) days therefrom to the court wherein our aforesaid complaint or
initiatory pleading has been filed.
IN WITNESS WHEREOF, we have hereunto set my hand this ___ th of
_________ 2015 at Cebu City, Philippines.
NELLY NOLASCO RAMA
SUSAN RAMA-DAMO
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DESIREE OBLENDA-LAWAS
Affiants
ID No.
Place/Date Issued
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