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Republic of The Philippines 12th Judicial Region, Branch 3 Kidapawan City RTC, Cotabato

This complaint involves a dispute over ownership of a 22,240 square meter lot located in Dolis, Magpet, Cotabato. The plaintiff, Inocencio Asotigue, claims he legally acquired the lot in 1979 from the previous owner, Rizalino Umpad, and has since occupied and maintained the property, including planting crops and declaring it for taxation purposes. However, the defendant, Gaudencio Pacete, also claims ownership of the lot based on an OCT title. Asotigue is now seeking reconveyance of the property and damages, arguing Pacete's claim to the lot is illegal as Asotigue has documentation showing the historical chain of ownership.

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50 views4 pages

Republic of The Philippines 12th Judicial Region, Branch 3 Kidapawan City RTC, Cotabato

This complaint involves a dispute over ownership of a 22,240 square meter lot located in Dolis, Magpet, Cotabato. The plaintiff, Inocencio Asotigue, claims he legally acquired the lot in 1979 from the previous owner, Rizalino Umpad, and has since occupied and maintained the property, including planting crops and declaring it for taxation purposes. However, the defendant, Gaudencio Pacete, also claims ownership of the lot based on an OCT title. Asotigue is now seeking reconveyance of the property and damages, arguing Pacete's claim to the lot is illegal as Asotigue has documentation showing the historical chain of ownership.

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REPUBLIC OF THE

PHILIPPINES
Regional Trial court
12th Judicial Region, branch
3
Kidapawan city RTC,
Cotabato

INOCENCIO ASOTIGUE
Civil Case No. 2000-22 Plaintiff,
RECONVEYANCE AND
DAMAGES Versus

GAUDENCIO PACETE
Defendant

COMPLAINT

Plaintiff, INOCENCIO ASOTIGUE, institute this Civil Action for


Reconveyance and Damages against GAUDENCIO PACETE, as
defendant, and alleges as follows;

INTRODUCTION

1. This is a complaint for reconveyance and damages against the


defendant who illegally acquired a Lot No. 5-A of lot 5, GSS-326,
located at Dolis, Magpet Cotabato, Mindanao, containing an area of
22,240 square meters. On the ground that the plaintiff has transfer of
right and improvements, dated March 22, 1979 issued by previous
owner Mr. Umpad. Also copies of Relinquishment of Rights and
improvements, executed by Pasaque in favor Mr. Umpad.

2. FACT:

In his complaint, Asotigue averred that on March 22, 1979, he


acquired the disputed land, denominated as Lot No. 5-A, from Rizalino
Umpad (Umpad) for 2,300.00 by virtue of a Transfer of Rights and
Improvements, duly notarized by Notary Public Rodolfo T. Calud; that
he had been in possession and occupation of the said lot openly,
publicly, notoriously, and in the concept of an owner for more than 21
years; that he had declared the lot in his name for taxation purposes,
paying faithfully the real taxes due thereon, as shown by his Tax
Declaration No. 4369-A, dated May 19, 1980, Tax Declaration No.
11759, dated February 10, 1982, Tax Declaration No. 3790, dated
November 1, 1991, and Tax Declaration No. 99-07275, dated
September 12, 2000; that he introduced permanent improvements on
the said lot by planting considerable number of rubber trees and
other fruit-bearing trees; that the present dispute arose when he
found out for the first time, upon filing his application for title over the
said lot, that it was included in Pacetes OCT No. V-16654; that he
then demanded from Pacete the reconveyance of the said lot, but his
demand was unheeded; that he brought the matter before the Office
of the Pangkat Tagapagkasundo of Barangay Dolis, Magpet, for
amicable settlement, but to no avail; and that a Certificate to File
Action was subsequently issued.

JURISDICTION AND VENUE

3. This Regional Trial Court has jurisdiction over this dispute involving
title to or possession of real property or an interest therein, where the
assessed value of such property exceeds PhP 20,000.
4. Plaintiff and the land subject of dispute are living and located at Dolis,
Magpet Cotabato, Mindanao.
5. Defendant reside in Cotabato City, Mindanao.
Venue is proper in the Regional Trial Court, 12th Judicial Region,
branch 3, Kidapawan city RTC, Cotabato
6. The plaintiff has confirmed the attached issuance of Certificate of
non-shopping.

GENERAL ALLEGATION

7. The lot title OCT No. V-16654 held by defendant is illegally acquired
on the ground that the plaintiff of substantial evidence, attached
herein, of having:

a) Transfer of Right and Improvement issued by or


from Mr. Ompad to plaintiff.

b) Relinquishment of Rights and Improvements,


executed on Oct. 1, 1971, as the evidence that Mr. Pasaque sold
the lot to Mr. Umpad.

c) Survey Plan of lot No. 5, GSS-326

d) Several Tax Declaration under the plaintiff name,


such as;

- Tax declaration No. 11759, dated Feb. 10, 1982.


- Tax declaration No. 3790, dated Nov. 1, 1991,
- Tax declaration No. 99-07275, dated Sept. 12, 2001.

8. The plaintiff did not show any his physical present during a long span
of years while the defendant has already owned a lot for more than
21 years and make any improvement and plant rubber trees and fruit
bearing plants as well. These facts of plaintiff will be surely
corroborated by 2 or 3 previous owners on the lot.

FIRST CAUSE OF ACTION


(Evidence: Transfer of Right and Improvement and Relinquishment Right and
Improvement)

9. Plaintiff re-alleges all allegations set forth above paragraphs as if set


forth herein in full.
10. It is clear that the defendant Gaudencio Pacete is not the owner
of the lot which he alleged that he own a lot title which illegally
acquired. He cannot present an evidence the source of ownership
where he possibly bought that disputed property. Whereas, the
plaintiff can substantiate his claim to present the evidence that he
bought that lot from Mr. Ompad, with Transfer of Right and
Improvement, dated March 22, 1979: Also to present the
Relinquishment Right and Improvement as an evidence that most
previous owner sold his lot to Mr. Ompad. It is clear that the plaintiff
can proclaim a historical background of the ownership of lot.

SECOND CAUSE OF ACTION


(Several Tax Declaration as shown above)

11. Defendant is not a true owner of the lot because he has or did
not bother to pay the Tax Declaration. However, it is clear that the
plaintiff is the true owner of the lot because his intention and act of
paying tax to the government that impliedly shown his real ownership
of real property on dispute herein.

PRAYER

Wherefore, it is respectfully prayed of this Honorable Court that


after due notice and hearing the defendant shall be ordered to:
A. convey to plaintiff a portion of Lot No. 5-A, GSS-326,
containing an area of 22,240 Square Meters.
B. pay plaintiff the amount of Php 30,000.00 as moral damages
for the traumatic experience and mental anguish that the lot
he labored how many years is compensated illegally by the
defendant.
C. Pay exemplary damages of Php 10,000, Attorneys fee of Php
30,000.00, Appearance fee of Php 5,000.00, and litigation
expenses in the amount of Php 10,000.00.

Plaintiff also prays for other remedies which are just and
equitable under the premises.

Respectfully submitted, February 25, 2017.

ALEXIS L. BERDIN (Section M6,


JD1)
Counsel for the plaintiff Inocencio
Asotique
P. Rodrique St., Looc, Lapu Lapu
City, Cebu
Atty. Roll 5555
IBP No. 666666, 01-3014
PTR No. 6565656, 02-03-17
MCLE Compliance 111-297
Email: berdin_alexis@yahoo.com
Tel: 5174435

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