REPUBLIC OF THE PHILIPPINES

10TH JUDICIAL REGION

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL
Branch , Cagayan de Oro City

HEIRS OF THE LATE SPOUSES Civil Case No.

VITALIANA GABOA and
CANDIDO LLARENAS represented
by MA. ROSALINDA LLANERAS For: Reconveyance and
MORETO and ELMO GABOA Damages
LLARENAS,
Plaintiffs,

-versus-

MGV PROPERTIES, INC.,

Respondent.
x-----------------------------------------------/

COMPLAINT

COMES NOW, the plaintiffs, through the undersigned counsel, and

unto this Honorable Court, most respectfully avers that:

THE PARTIES

1. Plaintiff Ma. Rosalinda Llarenas Moreto is of legal age, married,

Filipino citizen, and a resident of Block 5, Lot 16, Phase 2,
Youngsville Subdivision, Igpit, Opol, Misamis Oriental, Philippines,
where she may be served with summons, notices, and other legal
documents by this Honorable Court.

2. Plaintiff Elmo Gaboa Llarenas is of legal age, single, Filipino

citizen, and a resident of Castro 6th Division, Patag, Cagayan de Oro
City, Misamis Oriental, Philippines, where she may be served with
summons, notices, and other legal documents by this Honorable
Court.

3. Respondent MGV Properties, Inc. (formerly MGV Land, Inc., and

Mindanao Golden Valley Development Corporation) is a domestic
corporation duly organized under and by virtue of Philippine laws,
with principal place of business at Arch Santiago, STS Building, 316
Hayes St., Cagayan de Oro, 9000 Misamis Oriental, Philippines,

Heirs of Gaboa vs. MGV Properties, Inc. Page 1

 where it may be served with summons, notices, and other legal
documents by this Honorable Court.

FACTS OF THE CASE

4. Spouses Candido B. Llarenas and Vitaliana G. Llarenas died intestate

in the city of Cagayan de Oro on December 23, 1965, and May 2,
1991, respectively, see Exhibit “A” to “A-1”1 and Exhibit “B”2.

5. The children of the late spouses Llarenas are the following: Rebecca
Gaboa Llarenas, who died on September 17, 2019, see Exhibit “C”3;
Reil Gaboa Llarenas, who died on June 21, 2000, see Exhibit “D”4;
Moises Gaboa Llarenas, who died on August 10, 1997, see Exhibit
“E”5; Enriquita Llarenas Lago who died on September 17, 2017, see
Exhibit “F” to“F-1”6; Homer Gaboa Llarenas; S. Ma. Corazon G.
Llarenas; S. Maria Rosalinda G. Llarenas; and Elmo Gaboa Llarenas.

6. Herein plaintiff Ma. Rosalinda Llarenas Moreto is the daughter of the

late Reil Gaboa Llarenas.

7. Herein plaintiffs are the lawful representatives in the filing of this

instant case for and on behalf of the heirs of the late Vitaliana Gaboa
Llarenas, by virtue of a Special Power of Attorney, see Exhibit “G”
to “G-1”7, Exhibit “H” to “H-1”8, Exhibit “I” to “I-1”9, Exhibit
“J” to “J-1”10 & Exhibit “K” to “K-1”11.

8. The late Vitaliana Gaboa LLarenas (“Vitaliana” for brevity) being

married to the late Candido Llarenas, was the absolute and exclusive
owner of a parcel of land, which was part of Cadastral Lot No. 4320
C-4 of the Cagayan Cadastre, at the time of sale, not yet registered
under her name at the Land Registration Law.

1
Exhibit “A” to “A-1”: Certificate of Death of Candido Balagot Llarenas.
2
Exhibit “B”: Certificate of Death of Vitaliana Gaboa Llarenas.
3
Exhibit “C”: Certificate of Death of Rebecca Gaboa Llarenas.
4
Exhibit “D”: Certificate of Death of Reil Gaboa Llarenas.
5
Exhibit “E”: Certificate of Death of Moises Gaboa Llarenas.
6
Exhibit “F” to F-1: Certificate of Death of Enriquita Llarenas Lago.
7
Exhibit “G” to “G-1”: Special Power of Attorney dated April 4, 2022, by Ma. Corazon G. Llarenas, with
Doc. No. 237, Page No. 48, Book No. XXXVIII, Series of 2022.
8
Exhibit “H” to “H-1”: Special Power of Attorney dated April 5, 2022, by Homer G. Llarenas, with Doc. No.
250, Page No. 50, Book No. XXXVIII, Series of 2022.
9
Exhibit “I” to “I-1”: Special Power of Attorney dated April 5, 2022, by the Heirs of the late Enriquita
Llarenas Lago, with Doc. No. 251, Page No. 51, Book No. XXXVIII, Series of 2022.
10
Exhibit “J” to “J-1”: Special Power of Attorney dated April 5, 2022, by the Heirs of the late Moises Gaboa
Llarenas, with Doc. No. 252, Page No. 51, Book No. XXXVIII, Series of 2022.
11
Exhibit “K” to “K-1”: Special Power of Attorney dated April 5, 2022, by the Heirs of the late Reil Gaboa
Llarenas, with Doc. No. 253, Page No. 51, Book No. XXXVIII, Series of 2022.

Heirs of Gaboa vs. MGV Properties, Inc. Page 2

 9. On May 23, 1953, Vitaliana G. Llarenas sold a portion of the
aforementioned parcel of land in favor of Pedrito R. Paclar (Paclar),
by executing a document designated as “DEED OF DEFINITE SALE
OF A PARCEL OF LAND COVERED BY TAX DECLARATION
NO. 14260, A PART OF CAD. LOT 4320 C-4”, see Exhibit “L” to
“L-112”. And with Tax Declaration and Index of Cadastral Lot as
Exhibit M to M-113

10. Under the said sale, Vitaliana only sold a total area of Seven
Thousand Two Hundred Nine (7,209) square meters in favor of
Paclar, to wit:

“A parcel of land situated at Baga-as, City of Cagayan de Oro,

covered by Tax Declaration No. 14260 in the name of Vitaliana
Gaboa and bounded on the North by Amando Gaboa; South by
Lucena Gaboa; East by Luciano Pabayo; West by Romana
Raypolo containing an area of 7,209 square meters more or
less and assessed at P100.00.”

11. Moreover, during the execution of the said 1953 sale, Vitaliana was
still in the process of acquiring a Certificate of Title over the subject
land.

12. A Transfer Certificate of Title with No. 6491 was then issued under
the name of Vitaliana (see Exhibit “N” to “N-3”14), containing a total
area of Eight Thousand One Hundred Fifty-four (8,154) square
meters, situated at Patag, Cagayan de Oro City.

13. Subsequently, Paclar processed for the issuance of a Certificate of

Title by virtue of the 1953 sale in his favor, over the 7,209 square
meters parcel of land as portion of Vitaliana’s land. However, upon
the issuance of the Transfer Certificate of Title with No. T-5522 under
the name of Paclar (see Exhibit “O” to “O-3”15), it covered the total
area of 8,154 square meters, instead of 7,209 square meters as covered
the 1953 sale. This made an excess of Nine Hundred Forty-five
(945) square meters registered under the name of Paclar, contrary to

12
Exhibit L to L-1: Deed of Definite sale dated May 27, 1953
13
Exhibit M to M-1: Tax Declaration 14260 and Index of Cadastral Lots
14
Exhibit “N” to “N-3”: Transfer Certificate of Title (TCT) No. 6491 registered under the name of Vitaliana
Gaboa, the wife of Candido Llarenas.
15
Exhibit “O” to “O-3”: Transfer Certificate of Title with No. T-5522 under the name of Pedrito R. Paclar.

Heirs of Gaboa vs. MGV Properties, Inc. Page 3

 what the Deed of Sale executed between him and Vitaliana as
aforementioned.

14. On May 22, 1965, Paclar sold the subject land to Cristita Go (Go), by
virtue of a document designated as “Deed of Absolute Sale”, see
Exhibit “P” to “P-1”16. Under this sale, Paclar sold a portion of the
subject land to Go containing and area of Four Thousand (4,000)
square meters, to wit:

“That the VENDOR is an owner in fee simple of a parcel of

residential land, situated at, Bagaas,, (Patag) Cagayan de Oro
City, covered by Tax Declaration No. 27383 in the name of the
vendor, assessed at P810.00 and bounded on the North by
Amando Gaboa; South by Lucena Gaboa; East by Luciano
Pabayo; and West by Romana Raypolo, containing an area by
actual survey of 8,155 square meters, with visible monument on
all corners, known as Lot No. 4320, and which land I acquired
by purchase from Vitaliana Gaboa de Llarenas as evidenced by
a Deed of Definite Sale acknowledged before Notary Public,
Cecilio Luminarias of Cagayan de Oro City, as Doc. No. 53;
Page No. 48; Book No. I, Series of 1952-53;

xxx

A portion of Subdivision Lot No. 8 above-described, with an

area of Four Thousand (4,000) square meters, found on the
northeastern part of the above-described land, particularly
bounded on the Northeast by Lot 5879, Cagayan Cadastre;
North by Subdivision Lot No. 7; West by remaining portion of
the Vendor and South by Subdivision Lot No. 9 of the
Subdivision Plan”

15. On February 20, 1989, Go sold the subject land to Southern Food
Sales Corporation (Southern Food) represented by Alfonso Canete
by virtue of a Deed of Absolute Sale, see Exhibit “Q” to “Q-2”17.
Under this sale however, Go sold a total area of Eight Thousand One
Hundred Fifty-four (8,154) square meters in favor of Southern Foods.

16
Exhibit “P” to “P-1”: Deed of Absolute Sale dated May 22, 1965, with Doc. No. 484, Page No. 99, Book
No. I, Series of 1965, and notarized by Atty. Augusto G. Maderazo.
17
Exhibit “Q” to “Q-2”: Deed of Absolute Sale dated February 20. 1989, with Doc. No. 174, Page No. 35,
Book No. XVIV, Series of 1989, and notarized by Atty. Antonio S. Soriano.

Heirs of Gaboa vs. MGV Properties, Inc. Page 4

 16. Consequently, a Transfer Certificate of Title with No. T-53160 was
issued under the name of Southern Food, covering an area of 8,154
square meters, see Exhibit “R” to “R-1”18.

17. On June 22, 1993, Southern Food sold the subject land, together with
several other lots, in favor of Mindanao Golden Valley
Development Corporation (Mindanao Golden Valley) by virtue of a
Deed of Absolute Sale, see Exhibit “S” to “S-4”19. Under this sale,
Southern Food sold the total area of 8,154 square meters in favor of
Mindanao Golden Valley.

18. Mindanao Golden Valley then obtained a Transfer Certificate of Title

No. T-97813 covering the said area of 8,154 square meters, see
Exhibit “T” to “T-7”20.

19. Mindanao Golden Valley then changed its name to MGV Land, Inc.
on September 7, 1993, which was duly approved by the Securities and
Exchange Commission (SEC) on February 4, 1994. Subsequently on
October 1, 1994, MGV Land, Inc. once again changed its corporate
name to MGV Properties, Inc. (“MGV” for brevity), and continually
used it up to the present, refer to Entry No. 273767 in Exhibit “S-3”.

20. MGV then registered several parcels of land, including the subject
land, and consolidated the same into one Certificate of Title
specifically Transfer Certificate of Title No. T-125531 (current
existing Title), see Exhibit “U” to “U-4”21, which now contained an
area of Twenty-two Thousand Seven Hundred Twenty-nine (22,729)
square meters.

21. In summary, the transfer of the subject parcel of land from its first
owner, Vitaliana Gaboa, to the first buyer, Pedrito R. Paclar, was
defective as the former only sold a total area of 7,209 square meters,
however what was registered in the latter’s certificate of title (T-5522)
was 8,154 square meters, having an excess of 945 square meters. This
defect was then carried over to all subsequent sales/transfers and
issuances of certificates of title (T-53160 and T-97813), and finally up
18
Exhibit “R” to “R-1”: Transfer Certificate of Title No. T-53160 registered under the name of Southern
Food Sales Corporation.
19
Exhibit “S” to “S-4”: Deed of Absolute Sale dated June 22, 1993, with Doc. No. 129, Page No. 26, Book
No. 55, Series of 1993, and notarized by Atty. Antonio S. Soriano.
20
Exhibit “T” to “T-7”: Transfer Certificate of Title No. T-97813 registered under the name of Mindanao
Golden Valley Development Corporation.
21
Exhibit “U” to “U-4”: Transfer Certificate of Title No. T-125531 registered under the name of MGV
Properties, Inc.

Heirs of Gaboa vs. MGV Properties, Inc. Page 5

 to its consolidation into a single certificate of title (T-125531) under
the name of its current registered owner, MGV Properties, Inc.

22. That the said property subject to this case was declared for tax
purpose by the MGV PROPERTIES INC. under tax declaration No.
G-09462822, with an assessed value of Nine Hundred Twenty
Thousand and Three Hundred Ten Pesos. (hereto attached as Exhibit-
V to V-1).

CAUSES OF ACTION

Plaintiffs’ have the right to institute this action as the surviving heirs of
the late Vitaliana Gaboa Llarenas.

23. Under Article 777 of the Civil Code, the successional rights of the
heirs are deemed transmitted from the moment of death of the
decedent, to wit:

“Article 777. The rights to the succession are transmitted from

the moment of the death of the decedent.”

24. It must be remembered that the decedent, Vitaliana Gaboa Llarenas

died intestate on May 2, 1991, thus from the said date, successional
rights have already been vested to herein plaintiffs in accordance with
the law.

25. This was further elaborated by the Supreme Court in the case of Dr.
Nixon L. Treyes, vs. Antonio L. Larlar, et. al, G.R. No. 232579,
September 8, 2020, to wit:

“By being legal heirs, they are entitled to institute an action to

protect their ownership rights acquired by virtue of succession
and are thus real parties in interest in the instant case.”

26. Herein plaintiffs are even voluntarily submitting this issue before the
Honorable Court despite the absence of a judicial declaration of heirs
in accordance with the exception enunciated in the Concurring and
Dissenting Opinion of Justice Gesmundo in the aforementioned case,
to wit:

“Thus, for the sake of expediency, the Court allows the parties
to institute an ordinary civil action regarding the rights of an
22
Exhibit V to V-1- MGV Properties Inc. Tax Declaration.

Heirs of Gaboa vs. MGV Properties, Inc. Page 6

 heir even without a special proceeding for the declaration of
heirs. To rule otherwise would result to unnecessary litigation
because the pieces of evidence on the issue of heirship were
already voluntarily presented by both parties and to dismiss the
ordinary civil action would further delay the proceeding since
a separate special proceeding for the declaration of heirs
would tackle the same issue and evidence. In said instance, an
ordinary civil action which considers the issue on the
declaration of heirship, is justified.”

27. Therefore, taking into consideration the above disquisition, herein

plaintiffs are considered as real-parties-in-interest in this instant case,
and thus have the legal right to institute this action against the
respondent.

Plaintiffs’ action to recover their respective share of the excess portion

of the subject land is imprescriptible.

28. The Supreme Court enunciated in the case of Erlinda Pilapil, et. al vs.
Heirs of Maximino R. Briones, G.R. No. 150175, March 10, 2006, that
the right to inheritance of the heirs is imprescriptible, to wit:

“It should be noted that plaintiffs-appellees' cause of action

was not based merely on fraud but was primarily anchored on
their right to inheritance and to have a partition of the same,
both of which are imprescriptible as a general rule. With
marked relevance is the fact that their Complaint is for
Partition, Annulment and Recovery of Possession of Real
Property.” (Emphasis supplied)

29. In the instant case, the plaintiffs do not in any way assail the validity
of the Deed of Sale executed between Vitaliana Gaboa and Pedrito R.
Paclar, as the intent of both parties was expressly stated thereon that
only the portion of 7,209 square meters of the subject land shall be
sold by the former to the latter. Hence, herein plaintiffs are just
exercising their right to inheritance as to the remaining portion of the
subject land which contains an area of 945 square meters.

30. The principle of “Nemo dat quod non habet” which means “no one
can give what they do not have” finds its application in this instant
case. As above discussed, Paclar did not actually own the 945 square
meter portion of the subject land which consequently, he did not have

Heirs of Gaboa vs. MGV Properties, Inc. Page 7

 the right to sell or transfer it to another in any way. Moreover, the
subsequent transferees in the person of Go, Southern Food, and
respondent MGV Properties, Inc., likewise did not have the ownership
rights over the said portion of land.

31. Moreover, the case of Mamerto Dy vs. Maria Lourdes Rosell Aldea,
G.R. No. 219500, August 09, 2017, states that:

“Ownership is not the same as a certificate of title. Registering

a piece of land under the Torrens System does not create or
vest title, because registration is not a mode of acquiring
ownership. A certificate of title is merely an evidence of
ownership or title over the particular property described
therein. The indefeasibility of the Torrens title should not be
used as a means to perpetrate fraud against the rightful owner
of real property. Good faith must concur with registration,
otherwise, registration would be an exercise in futility. A
Torrens title does not furnish a shield for fraud,
notwithstanding the long-standing rule that registration is a
constructive notice of title binding upon the whole world. The
legal principle is that if the registration of the land is
fraudulent, the person in whose name the land is registered
holds it as a mere trustee.”

32. In the instant case, the 945 square meter portion of the subject land
should have been excluded from registration since it was not included
in the Deed of Absolute Sale executed in favor of Pedrito Paclar as
above discussed. Thus, Paclar did not in any way have any legal right
over the said portion, and consequently was not able to lawfully
transfer ownership rights to its succeeding purchasers, including
herein defendant MGV Properties, Inc.

33. Despite the fact that Paclar and the succeeding purchasers, including
herein defendant, were able to register the said 945 square meter
portion under the Torrens System, they did not in any way acquire
ownership rights over the same as registration under the Torrens
System is merely an evidence of title and not a source of right as
stated in the above jurisprudence. If in the first place there was no
right to speak of, registration is untenable.

34. Given the above disquisition, it is but just equitable that the said 945
square meter portion of the subject land be reconveyed to herein

Heirs of Gaboa vs. MGV Properties, Inc. Page 8

 plaintiffs as the legal heirs, so as to inhibit the respondent from
unjustly enriching itself at the expense of the former.

Plaintiffs are entitled to Damages

35. Due to the total deprivation of the plaintiffs’ ownership and

possession over the 945 square meters portion of the subject land with
which they were not able to fully exercise their ownership rights
thereof for several long years, caused anxiety, mental torment,
wounded feelings, and sleepless nights to herein plaintiffs. By reason
thereof, respondent should be condemned to pay herein plaintiffs
MORAL DAMAGES in the amount of not less than One Hundred
Thousand Pesos (Php 100,000.00).

36. Respondent’s unjust and malicious act of unlawfully including the

945 square meter portion of the subject land in their registration under
the Torrens System to which they do not have any right to do so,
should be penalized to set an example for the public good. By reason
thereof, herein plaintiffs pray for an award of EXEMPLARY
DAMAGES in the amount of not less than One Hundred Thousand
Pesos (Php 100,000.00).

37. In order to obtain judicial relief for the wrong done to them by the
respondent, herein plaintiffs were constrained to engage the services
of a counsel for which they were obliged to pay the sum of Fifty
Thousand Pesos (Php 50,000.00) as acceptance fees and an agreed
appearance fee of Two Thousand Pesos (Php 2,000.00) for every
hearing of the case. Further, plaintiffs likewise expect to incur
litigation expenses, which should likewise be ordered paid by the
respondent.

WITNESSES

38. Judicial Affidavit of Plaintiff Ma. Rosalinda Llaneras Moreto

Plaintiff Ma. Rosalinda L. Moreto will testify on her behalf. Her

testimony shall cover her personal knowledge as to Vitaliana Gaboa’s
ownership over the subject land, and that the latter did not intend to
sell the entire property.

39. Judicial Affidavit of Plaintiff Elmo Gaboa Llarenas

Plaintiff Elmo G. Llarenas will testify on his behalf. His testimony

shall cover his personal knowledge as to Vitaliana Gaboa’s ownership

Heirs of Gaboa vs. MGV Properties, Inc. Page 9

 over the subject land, and that the latter did not intend to sell its entire
area of 8,154 square meters to Pedrito Paclar as the first buyer. That
the truth of the matter was that only 7,209 square meters was sold to
Pedrito Paclar, having a remaining of 945 square meters still owned
by Vitaliana Gaboa.

EVIDENCE

Documentary Evidence:

Exhibit Number Description

Exhibit “A” to “A-1” Certificate of Death of Candido Balagot Llarenas.
Exhibit “B” Certificate of Death of Vitaliana Gaboa Llarenas.
Exhibit “C” Certificate of Death of Rebecca Gaboa Llarenas.
Exhibit “D” Certificate of Death of Reil Gaboa Llarenas.
Exhibit “E” Certificate of Death of Moises Gaboa Llarenas.
Exhibit “F” to F-1 Certificate of Death of Enriquita Llarenas Lago.
Special Power of Attorney dated April 4, 2022,
Exhibit “G” to “G-1” by Ma. Corazon G. Llarenas, with Doc. No. 237,
Page No. 48, Book No. XXXVIII, Series of 2022.
Special Power of Attorney dated April 5, 2022,
Exhibit “H” to “H-1” by Homer G. Llarenas, with Doc. No. 250, Page
No. 50, Book No. XXXVIII, Series of 2022.
Special Power of Attorney dated April 5, 2022,
by the Heirs of the late Enriquita Llarenas Lago,
Exhibit “I” to “I-1”
with Doc. No. 251, Page No. 51, Book No.
XXXVIII, Series of 2022.
Special Power of Attorney dated April 5, 2022,
by the Heirs of the late Moises Gaboa Llarenas,
Exhibit “J” to “J-1”
with Doc. No. 252, Page No. 51, Book No.
XXXVIII, Series of 2022.
Special Power of Attorney dated April 5, 2022,
by the Heirs of the late Reil Gaboa Llarenas, with
Exhibit “K” to “K-1”
Doc. No. 253, Page No. 51, Book No. XXXVIII,
Series of 2022.
DEED OF DEFINITE SALE OF A PARCEL OF
LAND COVERED BY TAX DECLARATION
NO. 14260, A PART OF CAD. LOT 4320 C-4
Exhibit “L” to “L-1”
dated May 23, 1953, with Doc. No. 53, Page No.
48, Book No. I, Series of 1952-53, and notarized
by Atty. Cecilio P. Luminarias.
Exhibit M to M-1 Tax Declaration 14260 and index of Cadastral

Heirs of Gaboa vs. MGV Properties, Inc. Page 10

 Lot.
Transfer Certificate of Title (TCT) No. 6491
Exhibit “N” to “N-3” registered under the name of Vitaliana Gaboa, the
wife of Candido Llarenas.
Transfer Certificate of Title with No. T-5522
Exhibit “O” to “O-3”
under the name of Pedrito R. Paclar.
Deed of Absolute Sale between Pedrito R. Paclar
and Cristita Go, dated May 22, 1965, with Doc.
Exhibit “P” to “P-1” No. 484, Page No. 99, Book No. I, Series of
1965, and notarized by Atty. Augusto G.
Maderazo.
Deed of Absolute Sale between Cristita Go and
Southern Food Sales Corporation, dated February
Exhibit “Q” to “Q-2” 20. 1989, with Doc. No. 174, Page No. 35, Book
No. XVIV, Series of 1989, and notarized by Atty.
Antonio S. Soriano.
Transfer Certificate of Title No. T-53160
Exhibit “R” to “R-1” registered under the name of Southern Food Sales
Corporation.
Deed of Absolute Sale between Southern Food
Sales Corporation and Mindanao Golden Valley
Development Corporation, dated June 22, 1993,
Exhibit “S” to “S-4”
with Doc. No. 129, Page No. 26, Book No. 55,
Series of 1993, and notarized by Atty. Antonio S.
Soriano.
Transfer Certificate of Title No. T-97813
Exhibit “T” to “T-7” registered under the name of Mindanao Golden
Valley Development Corporation.
Transfer Certificate of Title No. T-125531
Exhibit “U” to “U-4” registered under the name of MGV Properties,
Inc.
Exhibit “V” to “V-1” MGV Properties Inc. Tax Declaration

PRAYER

WHEREFORE, premises considered, it is most respectfully and

humbly prayed before this Honorable Court that the excess of Nine Hundred

Heirs of Gaboa vs. MGV Properties, Inc. Page 11

Forty-five (945) square meter portion of the subject land be reconveyed to
herein plaintiffs; and

Other reliefs just and equitable under the premises are likewise prayed
for.

Done this 12th day of May, 2022 in Cagayan de Oro City, Philippines.

Signed in compliance with Section 3, Rule 7 of the 2019

Amendments to the Rules of Civil Procedures

ATTY. DEXTER BAQUIANO PRECIOSO

Counsel for the Plaintiffs
Roll No.62701; TIN No.452-664-622-000.Mis.Or.
IBP OR No.141827; Dated, Jan. 27.2021
PTR No. 0712588; Dated, Jan. 22, 2021.Cag.de Oro
MCLE Compliance No.VII-0000848; Sept. 4, 2019
Zone 3, Patag, Camp Evangelista, Cag.de Oro City
Mobile No. 09058350187
Email Add: dexter23_doy@yahoo.com

Republic of the Philippines)

Cagayan de Oro City…) S.C.

Heirs of Gaboa vs. MGV Properties, Inc. Page 12

 VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

We: Ma. Rosalinda Llarenas Moreto, of legal age, married, Filipino

citizen, and resident of Block 5, Lot 16, Phase 2, Youngsville Subdivision,
Igpit, Opol, Misamis Oriental, Philippines; and Elmo Gaboa Llarenas, of
legal age, single, Filipino citizen, and resident of 6th Division, Patag,
Cagayan de Oro City, Misamis Oriental, Philippines, after being duly sworn
to in accordance with law, do hereby depose and say:

1. That we are the plaintiffs of the above-entitled case;

2. That the facts stated in the above complaint are true and correct to the
best of our knowledge and authentic documents;

3. That this complaint is not filed to harass, cause unnecessary delay, or

needlessly increase the cost of litigation;

4. That the factual allegations herein have evidentiary support or, if

specifically so identified, will likewise have evidentiary support after
a reasonable opportunity for discovery;

5. That we have not heretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial
agency and, to the best of our knowledge, no such other action or
claim is pending herein;

6. That if we should thereafter learn that the same or similar action or

claim has been filed or is pending before any court or tribunal, we
shall report that fact within five (5) calendar days from notice to this
court.

Done this day of 20 in Patag, Cagayan

de Oro City, Philippines.

MA. ROSALINDA L. MORETO ELMO G. LLARENAS

Affiant Affiant
I.D. I.D.

SUBSCRIBED AND SWORN to before me this day of

20 at Cagayan de Oro City, Philippines, affiants exhibited to

Heirs of Gaboa vs. MGV Properties, Inc. Page 13

me their respective identifications written below their names, the same
bearing their respective photo and signature.

Doc. No. ; ATTY. DEXTER BAQUIANO PRECIOSO

NOTARY PUBLIC
Page No. ; Notarial Commission Until December 31, 2021
Roll No.62701; TIN No.452-664-622-000.Mis.Or.
Book No. ; IBP OR No.141827; Dated, Jan. 27.2021
PTR No. 0712588; Dated, Jan. 22, 2021.Cag.de Oro
Series of 2022; MCLE Compliance No.VII-0000848; Sept. 4, 2019
Zone 3, Patag, Camp Evangelista, Cag.de Oro City
Pursuant to Supreme Court Resolution, October 26, 2021
Re: B.M. No. 3795. September 28, 2021

Heirs of Gaboa vs. MGV Properties, Inc. Page 14