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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
BRANCH 2, Tuguegarao City, Cagayan

SPS. PEDRO MALLILLIN and


ANGELITA MALLILLIN Civil Case No.
______
Plaintiffs, “ Annulment of
Title”

-- versus -

SPS. RODOLFO MATA and


HELEN MATA
Defendants,

x------------------------------------------------------x

COMPLAINT

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.

Roxas, Isabela, June 11, 2010.