RODIL (a.k.a RODEL) S.M. REYES -versus- DELIA T. REYES, RONALD T. REYES, ALBEN ERIC REYES, RENATO REYES ETC., LIZA REYES, and the REGISTRY OF DEEDS for Baguio City

Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH V
BAGUIO CITY

RODIL (a.k.a RODEL) S.M. REYES in his behalf, and in behalf of his siblings and co-heirs NELIA EUFEMIA S.M. REYES- ANDERSON, RAUL S.M. REYES, RONNIE S.M. REY ES, MILA ROSARIO S.M REYES-OASAN, MARINA ISABEL S.M. REYES-TUPAZ, and RESTITUTO S.M. REYES,
Plaintiffs,

-versus-

DELIA T. REYES, RONALD T. REYES, ALBEN ERIC REYES, RENATO REYES ETC., LIZA REYES, and the REGISTRY OF DEEDS for Baguio City,
Defendants.

CIVIL CASE NO.7617-R

For
DECLARATION OF NULLITY OF DEED OF ABSOLUTE SALE

SUMMONS
(By publication)

WHEREAS, on March 29, 2012, plaintiff filed a Complaint dated March 29, 2012, hereunder quoted in toto as follows:

“COMPLAINT
Plaintiffs, by counsel, and unto this Honorable Court, respectfully state:

NATURE OF THE ACTION
1.01. This is an action for the declaration of nullity of a Deed of Absolute Sale, between the late Albino Reyes and the Late Renato Reyes, for being forged/falsified.
1.02. Because of that void Deed of Absolute Sale, Transfer Certificate tittle (TCT) No. T-72323 was issued by the Register Deeds for Baguio City in favor of the late Renato Reyes, which was later on cancelled when Transfer Certificate of Title (TCT) No. T-99183 was issued in the name of the latter’s living spouse, Delia Reyes.

II.
THE PARTIES
2.01. Plaintiffs are the children and heirs of Albino Reyes and Isabel Sta. Maria Reyes. RODIL (a.k.a Rodel) S.M. REYES, a Filipino of legal age, files this case in his behalf and in behalf of NELIA EUFEMIA S.M. REYES-ANDERSON, RAUL S.M. REYES, RONNIE S.M. REYES, MILA ROSARIO S.M. REYES-OASAN, MARINA, ISABEL S.M. REYES- TUPAZ, and RESTITUTO S.M. REYES, who appointed him as their attorney-in-fact by virtue of a Special Power of Attorney, a copy of which is hereto attached as ANNEX “A”. They may be served with the processes of the Honorable Court through counsel and/ or plaintiff RODIL (a.k.a. Rodel) S.M. REYES address at Block 5, Lot 25, Ivory Street, Camelo Homes, San Antonio Uno, Novela, Cavite.

2.02. Defendant Delia T. Reyes is of legal age, a citizen of the United States of America, and with residential address at Barrera, AB Fernandez East, Dagupan City, Pangasinan, where she may be served with notices and compulsory processes of the Honorable Court.

2.03. Defendant Ronald T. Reyes is of legal age, a citizen of the United States of America, and with residential address at Barrera, AB Fernandez East, Dagupan City, Pangasinan, where he may be served with notices and compulsory processes of the Honorable Court.

2.04 Defendant Alben Eric Reyes, Renato Reyes, Jr., and Liza Reyes are of legal age, citizens of the United States of America, and with residential address at c/o JG’S Restaurant, De Venecia Highway, Brgy. Banaoang, Calasiao, Pangasinan, where they may be served with notices and compulsory processes of the Honorable Court.

2.05 Defendant Register of Deeds for Baguio City is a government agency, and is being impleaded as a nominal party to secure a complete relief. It may be served with summons and other compulsory processes at the Registry of Deeds for Baguio City, City Hall, Baguio City.

III.
THE ACTS
3.01. On 06 March 1967, the late Albino Reyes and the late Isabel Sta. Maria Reyes, became the registered owners of the parcel of land then covered by TCT No. T-11579 of the Registry of Deeds for Baguio City. The Said property is more particularly described as follows:

A parcel of land (Plan PSU -219170, Civil Reservation Case. No.1, L.R.C.Civil Reservation Record No. 211), situated in Res.Sec. “D”, City of Baguio. Bounded on the NE., and SW., from point 2 to 4, and 4 to 1, by public land; and on the NW., from point 1 to 2, by property of the U.S. Naval Reservation. Beginning at a point marked as “1” on plan, being N.14 deg. 58’ E., 752.40 m. From Triangulation Station Noble, Baguio Townsite, Baguio City, thence N. 10 Deg.34’E., 72.74 Mm. To point 2; S.72 Deg. 54’E, 10.00 m. To the point of Beginning; containing an area of EIGHT HUNDRED AND SEVENTY ONE (871) SQ. METERS, more or less.xxx

3.02 A copy of TCT NO. T-11579 is hereto attached as ANNEX “B”.

3.03 On 12 February 1993, Albino Reyes died intestate in Dagupan City, Philippines, leaving as his heirs the following:
3.03.1 Isabel Sta. Maria Reyes, the surviving spouse;
3.03.2 Renato S.M. Reyes, Ruben S.M. Reyes, Romulo S.M. Reyes, Rito S.M. Reyes, and the herein-plaintiffs Nelia Eufemia R. Anderson, Raul S.M Reyes, Rodil a.k.a Rodel S.M. Reyes, Ronnie S.M. Reyes, Mila Rosario R. Oasan, Marina Isabel R. Tupaz, and Restituto S.M. Reyes, the children of Albino Reyes and Isabel Reyes.

3.04. No partition, judicial or extra judicial, involving the subject property, was made by the above- mentioned heirs.

3.05. On 29 September 1999, the Register of Deeds of Baguio City cancelled TCT NO. T-11579, and issued TCT NO. T-72323 in the name of “RENATO S. REYES married to Delia Torio xxx” by virtue of an alleged “Deed of Absolute Sale” purportedly executed by Albino Reyes, with the conformity of Isabel Sta. Maria Reyes on 08 September 1978 at Urdaneta, Pangasinan which appears to have been acknowledged before notary public Felipe V. Abenojar, and inscribed in his notarial book as Doc. No. 618, Page No. 331, Book No. XVI, Series of 1978.

3.06 A copy of that “Deed of Absolute Sale” is hereto attached as ANNEX “C” while copy of TCT. NO. T-72323 is hereto attached as ANNEXED “D”

3.07 The alleged “Deed of Absolute Sale” purportedly executed by Albino Reyes and Isabel Sta. Maria Reyes is falsified, spurious, and therefore void since the signature therein of Albino Reyes and Isabel Sta. Maria Reyes are forged.

3.08 The Owner’s Duplicate Copy of TCT NO. T-11579 has been in the possession and custody of Isabel Sta. Maria Reyes, keeping the same in her cabinet in her house in Dagupan City, but the same was taken without her knowledge and consent by her son, Renato S.M. Reyes, who was living with her in the same house.
3.08.1 Isabel Sta. Maria Reyes Executed a “NOTICE OF ADVERSE CLAIM” dated 13 October 1999, executed and signed by Isabel Sta. Maria Reyes, and duly subscribed before notary public Azucena Espejo Lozada, and inscribed in his notarial book as Doc. No. 154; Page No. 33; Book No. V; Series of 1999. A copy of which is hereto attached as ANNEX “E”.
3.08.2. Moreover, this Notice of Adverse Claim was registered and annotated at the back of TCT no.T-72323 of the Registry of Deeds of Baguio City. (cf. Annex “D”)

3.09. On 20 January 2006 Renato S.M. Reyes died. He was survived by defendants Alben Eric Reyes, Renato Reyes, Jr., Liza Reyes, Delia Reyes, and Ronald Reyes.
3.09.1. Defendants Ableen Reyes, Renato Reyes Jr., and Liza Reyes are the Children of Renato S.M. Reyes, by his first marriage to the Late Terisita J. Reyes.
3.09.2 Defendant Delia Reyes is the second wife of Renato S.M. Reyes, and defendant Ronald T. Reyes is their child.

3.10. On 22 May 2006, despite knowledge of the Notice of Adverse Claim, defendants Delia Reyes, the widow of Renato S.M Reyes, and Ronald T. Reyes, her child with the late Renato S.M. Reyes, and Ronald T. Reyes her child with the late Renato S.M. Reyes, executed and signed a notarized document entitled “DEED OF EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH QUIT CLAIM/WAIVER OF RIGHTS,” involving the subject property, and acknowledged before Notary Public Villamor A. Tolete, and inscribed in his notarial book as Doc. No. 393; Page No. 80; Book No. XXIV; series of 2006.

3.11 A copy of the Deed of Extra Judicial Settlement of Estate with Quitclaim/ waiver of Rights is hereto attached as ANNEX “F”.

3.12. On 22 January 2009, Isabel Sta. Maria Reyes died intestate, leaving as her heirs the following:
3.12.1 The children of Renato S.M. Reyes;
3.12.2 The children of Ruben S.M. Reyes;
3.12.3 Romulo S.M. Reyes;
3.12.4 Rito S.M. Reyes;
3.12.5 Nelia Eufemia R. Anderson;
3.12.6 Raul S.M. Reyes;
3.12.7 Rodil a.k.a. Rodel S.M. Reyes
3.12.8 Ronnie S.M. Reyes
3.12.9 Mila Rosario R. Oasan;
3.12.10. Marina Isabel R. Tupaz;
3.12.11. Restituto S.M. Reyes.

3.13. On May 22, 2009, TCT No. T-72323 was cancelled and TCT. NO. 99133 was issued in the name of defendant Delia T. Reyes because of that DEED OF EXTRA JUDICIAL SETTELEMENT OF ESTATE WITH QUITCLAIM /WAIVER OF RIGHTS which she executed with defendant Ronald Reyes (cf. Annex “f”). A copy of TCT No. 99183 is hereto attached as ANNEX “G”.

3.14. The subject property has not been transferred to an innocent purchaser for value.

IV
CAUSE OF ACTION
4.01 . The Alleged “Deed of Absolute Sale” purportedly executed by Albino Reyes and Isabel Sta. Maria with Renato S.M. Reyes on 08 September 1978 is falsified and spurious, and therefore void ab initio. It is not binding and has no effect at all.

4.02 In fact, Isabel Sta. Maria Reyes herself, the mother of Renato S.M. Reyes, who allegedly gave her conformity to said sale, executed an Affidavit of Adverse Claim, then registered and annotated the same at the back of TCT NO. T-72323

4.03 Perforce, the transfer of the subject property in the name of defendant Delia T. Reyes through the Deed of Extra Judicial Settlement of Estate with Quitclaim/ waiver of Rights is also void ab initio, since it arose from a void title, and therefore does not confer rights to the defendants and does not impose any burden on the plaintiffs or to the subject property.

4.04 Because of the fraudulent and malicious acts of the defendants, the plaintiffs suffered mental anguish, moral anxiety and wounded feelings, for which they are entitled to moral damages in such amount that he Honorable Court may determine.

4.05 So as to deter others who might be similarly minded, the defendants should be adjudged to pay the plaintiffs exemplary damages in such sum as the Honorable Court may determine.

4.06. The plaintiffs, repeatedly, and for years, exerted earnest efforts to arrive at a compromise with the defendants, but the latter refused to cooperate. Because of this plaintiffs were constrained to litigate on the matter to protect their right and interests. Accordingly, the defendants should be made to pay attorneys fees in the amount of Three Hundred Thousand Pesos (P300,000.00) and Ten Thousand pesos (10,000) per lawyer for every appearance, plus the cost of litigation.

PRAYER
WHEREFORE, it is respectfully prayed of the Honorable Court that Judgment be rendered:
1. Declaring the Deed of Absolute Sale between Albino Reyes and Renato Reyes as void;
2. Incidental to the foregoing, ordering the Register of Deeds for the City of Baguio to cancel TCT. NO. T-99183 under the name Defendant Delia Reyes’ name, and/or TCT- NO. 72323 under the name of Renato Reyes.
3. Incidental to the foregoing, ordering the Register of Deeds for the City of Baguio re-issue TCT. No. T-11579 in the name of Albino Reyes and Isabel Sta. Maria Reyes and deliver it to the plaintiffs for appropriate proceeding/settlement;
4. Ordering defendants to pay the plaintiffs moral and exemplary damages, and attorneys fees in the amount of Three Hundred Thousand Pesos (Php 300,000.00.), and Ten Thousand pesos (Php 10,000.00) per lawyer for every appearance.
5. Ordering defendants to pay the cost of this suit.
Other just and equitable reliefs are likewise prayed for.
Quezon City for Baguio City, 8 March 2012.
GARGANTEL LAW OFFICE
Counsel for the Plaintiffs
Unit 203 Times Square Building
No. 57 Times Street Corner Examiner Street
West Triangle Quezon City 1104
Tel.No. 02 355 9623
admin@garganetiellaw.com

By: KRISTJAN VICENTE T. GARGANTEL
Roll. No. 49543
PTR. NO.6075512, 01-09-12,
Quezon City
IBP No. 836457,
01-06-12, Manila III
MCLE compliance No. III-0011503,
04-08-10

kvtgargantiel@gargantiellaw.com

HIROU GLENN A. ASUNCION
Roll.No. 58001
PTR. No. 6075511,
01-09-12,
Quezon City
IBP NO. 798278,
01-04-11, Manila III
hgaasuncion@gardgantiellaw.com

VERIFICATION AND CERTICICATION

I, RODIL S.M. REYES, Filipino, of legal age, and a resident of Block 5, Lot 25, Ivory Street, Camela Homes, San Antonio Uno, Noveleta, Cavite, after having been sworn in accordance with law, hereby depose and state that:

1. I am one of the heirs of Albino Reyes and Isabel Sta. Maria Reyes, and the attorney-in-fact of the other plaintiffs in the above-captioned case. As such I have caused the preparation of the foregoing complaint. I have read and understood the same and the contents thereof are true and the correct based on my personal knowledge and authentic records at hand.
2. I, and my co-plaintiffs/principals, have not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein.
3. However, the defendant Alben Eric Reyes, filed a complaint against defendants Delia Reyes and Ronald Reyes, seeking to declare as null and void the Deed of Extrajudicial Settlement of Estate with Quitclaim/Waiver of Rights (cf. Annex “F”) of the instant complaint), which was docketed as Civil Case No. 2009-0238-D before Branch 40 of the Regional Trial Court of Dagupan City, Pangasinan; to which, my co-plaintiffs/principals and I were not impleaded as parties, and to which we reserve the right to file the appropriate action to assail or to annul the Judgment therein. A copy of such complaint is hereto attached.
4. The foregoing notwithstanding, if I or my co-plaintiffs /principals should thereafter learn that a similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to the court wherein this complaint has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of March 2012 at Dagupan City.

(Sgd ) RODIL S.M. REYES
Affiant

SUBSCRIBED AND SWORN to before me this 9th day of March 2012. The affiant exhibited to me his Driver’s License Numbered as NO2-78-063462 issued on April 14, 2011 at LTO, Quezon City.

(sgd) DANIEL T. TERRADO
Notary Public
Until December 31, 2012
RM. B-7 2nd Flr. Malilmgas Mkt., Dagupan City
Roll No. 18285,
PTR.0420736
IBP 816793

Doc. No. 174;
Page No. 36; Book No. IV;
Series of 2012.

WHEREAS, RODIL (a.k.a Rodel) S.M. REYES in his behalf, and in behalf of his siblings and co-heirs NELIA EUFEMIA S.M. REYES-ANDERSON, RAUL S.M. REYES, RONNIE S.M. REYES, MILA ROSARIO S.M. REYES-OASAN, MARINA ISABEL S.M. REYES-TUPAZ, and RESTITUTO, the Plaintiffs, through their counsel, on March 29, 2012, filed a verified complaint against DELIA T. REYES, RONALD T. REYES, ALBEN ERIC REYES, RENATO REYES JR. and LIZA REYES, the defendants.

WHEREAS, Plaintiffs, by counsel, filed an Ex-parte Motion for Leave of Court of Effect Extraterritorial Service of Summons through Publication, dated July 27, 2012, which was granted by this Court in its Order dated November 13, 2013;

NOW THEREFORE, you defendants DELIA T. REYES, RONALD T. REYES, ALBEN ERIC REYES, RENATO REYES JR. and LIZA REYES, are hereby summoned through this medium of publication and are therefore required to file with the Office of the Clerk of Court, Regional Trial Court, Branch 5, Baguio City your responsive pleading and/or Answer to the above-quoted Complaint, within SIXTY (60) days from date of the last publication, serving at the same time a copy of your responsive pleading and/or Answer upon Plaintiff’s counsel, Atty. Kristjan Vicente T. Gargantiel, Unit 203, Times Square Building, No. 57 Times Street Corner Examiner Street, West Triagle, Quezon City, and your failure to do so within the period herein prescribed will enable the plaintiffs to take judgment against you and demand fom the Honorable Court the relief and remedies prayed for in the Petition.
Let this Summons be published at The Junction Newspaper, at the expense of the plaintiffs, a newspaper of general circulation, once a week for three (3) consecutive weeks, at the expense of the plaintiffs. Furthermore, at their expense let copies of the Summons, this Order and Petition be sent to defendants DELIA T. REYES, RONALD T. REYES, ALBEN ERIC REYES, RENATO REYES JR., and LIZA REYES by registered mail with return slip or private international courier at their last known address. The plaintiffs are likewise directed to submit proof of compliance to this Court immediately.

WITNESS THE HONORABLE JENNIFER P. HUMIDING, Acting Presiding Judge of this Court, this 19th day of November 2013 at Baguio City, Philippines.

ATTY. ALEJANDRO EPIFANIO D. GUERRERO
Clerk of Court V

Publication Dates: March 14, 21 and 28, 2015