The plaintiffs assisted by counsel complain against the
defendants, and for cause of action, respectfully states:
1. That Plaintiff Sps. PEDRO MALLILLIN and
ANGELITA MALLILLIN are of legal age and a resident of Agoo, La Union while Plaintiff Amorlita Nitura is also of legal age and a resident of San Rafael, Roxas, Isabela; 2. That plaintiff Renato Nitura, being in Laguna and being a co-owner, appointed his wife, Amorlita Nitura, as Attorney-in-Fact, as evidence by Doc. No., Page No., Book No., Series of__ for purposes of prosecuting this case; 3. That Defendants are also of legal age, Filipino citizens, and residents of Centro 4, Callang, San Manuel, Isabela and the Register of Deeds of Isabela with office at Ilagan, Isabela where they may be served with summons and other processes of this Honorable Court. 4. That Plaintiffs are the registered and lawful owners of a parcel of land located at Callang, San Manuel, Isabela, covered under Transfer Certificate of Title No. T-286088, and more particularly described as follows: “… A parcel of land Lot No. 1578 of the Gamu Public Lands Subdivision, Pls-62, Cadastral Case No. N-2 LRC Cadastral Redords No. N-16 with the improvements thereon situated in the Callang Residential Site, Municipality of Gamu, Province of Isabela. Bounded on the NE., points 1-2 by Lot 1577; on the NW., points 2-3, by lot 1576; on the NE., points 3- 4, by Road; and on the SE., points 4-1, by Lot 1579. Containing an area of SEVEN HUNDRED AND FIFTY ONE (751) square meters, more or less…” Attached herewith is a certified true copy of the TCT No. T-286088 and made an integral part of this complaint; 5. That herein Defendants, acting fraudulently and under false pretenses applied for a Free Patent on the land owned and registered under the name of Renato Nitura and Amorlita Nitura; 6. That because of the fraudulent acts and false pretenses of the defendants, Katibayan ng Orihinal na Titulo Blg. P-78913 was generated to the prejudice of Spouses Renato nitura and Amorlita Nitura; 7. That the Title of the defendants have arisen from fraud, false pretenses and misrepresentation and must necessarily be cancelled and voided and that the title of the plaintiffs be declared as the lawful and valid one; 8. That to cite the defendants as an example for good of the public and to forestall other individuals from acting in a similar manner, exemplary damages at no less than P30,000.00 must be awarded to the plaintiffs; 9. That to aid plaintiffs in the recovery of the property, they have been compelled to secure the services of counsel whose fees are agreed upon in the amount of P50,000.00. PRAYER
WHEREFORE, it is respectfully prayed of this
Honorable Court, after due trial that judgment be rendered ordering:
a. The cancellation of Katibayan ng Orihinal na Titulo Blg.
P-78913 in the name of Spouses Rodolfo Mata and Helen Mata; b. That Transfer Certificate of Title No. T-286088 in the name of spouses Renato Nitura and Amorlita Nitura to be the lawful and Valid one; c. The defendants to pay moral damages in the amount of P30,000.00; d. The defendants to pay exemplary damages in the amount of P30,000.00; and e. The defendants to pay P50,000.00 as and by way attorney’s fees.
Plaintiffs further pray for such other reliefs which are just and equitable under the premises.