REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 3
BAGUIO CITY
NOEL D. GAYMAN,
Plaintiff,
-versus-
JANE GAYMAN AND THE REGISTRY OF DEEDS, BAGUIO CITY.
Defendants.
CIVIL CASE NO. 8558-R
FOR: QUIETING OF TITLE AND/OR REMOVING THE CLOUDS IN TCT NO.T-85179 ISSUED BY THE REGISTRY OF DEEDS, BAGUIO CITY
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SUMMONS (BY PUBLICATION)
WHEREAS, herein plaintiff filed a Complaint on March 13, 2017 herein quoted as follows:
1.“Plaintiffs is of legal age, married, Filipino and resident of 63 Police Village, San Carlos Heights, Brgy. Irisan, Baguio City where he can be served with summons and court processes while defendant is of legal age, married, Filipino and resident of Camp 4 Kennon Road Tuba, Benguet and the Registry of Deeds as a nominal party with address in Baguio City where they can be served with summons and other processes.
2. Plaintiff and defendant got married on May 31, 1991 in Bauko Mountain Provice as evidenced by their marriage certificate as Annex A.
3. Plaintiff’s parents specially the father Joseph B. Gayman worked as construction supervisor in Heald Lumber Baguio City until the year 1990 and as evidenced to the same is the certification issued by Heald Lumber now BMC FORESTRY CORPORATION as Annex B.
4. Likewise, plaintiff’s father was a member of the Social Security System and as evidenced to the same was his contribution as Annex C and series and Certification of his being pensioner and later on the wife Rose Gayman as the pensioner-beneficiary as Annex D and marriage certificate of Joseph Gayman and Rose Gayman as Annex D-1 and the death certificate of Joseph Gayman as Annex D-2.
5. The plaintiff’s father having received his retirement benefits from heald Lumber now BMC FORESTRY CORPORATION in the amount of P500,000.00 deposited some in the bank and the remaining amount grow the same through different business such as franchise of jeepney and sari-sari store soon bought a land in Irisan, Baguio City. Copy of the 2 bank books, jeepney franchise and sari-sari store permit as Annex E and series, F and series, G and series and H.
6. That during the lifetime of plaintiff’s father and while his mother engage in sari-sari store likewise of buy and sell of lot, came across a parcel of land owned by Noel N. De Mesa married to Emmalyn Joy S. De Mesa and covered by TCT No. T-69011 and was offered to them for purchase.
7. Plaintiff’s parents therefore having sensed that the property was cheap and was a good investment negotiated with the seller and agreed to buy the same as soon were able to purchase it through the plaintiff’s father’s retirement money. Copy of the deed of absolute sale and Transfer Certificate of Title No. T-85179 and Tax Declaration as Annex I and series and J and series and K.
8. Plaintiff’s aware of their advanced age, surmised that if the real property will be titled in their names and thereafter be given to plaintiff’, it will be circuitous, long, tedious transfer of the property plus the fact that it will incur a big expense for capital gain and transfer tax and titling in their names and later to plaintiff.
9. Hence, plaintiff’s parents therefore, purchased the property with their own money and decided to have it named in favour of the plaintiff’ considering that the latter’s sibling were already given their own lots representing their respective inheritance.
10. Notably is the fact, that the deed of absolute sale executed in favour of Noel Gayman had super imposition because it was originally for and in the names of the parents of the plaintiff having utilized their own money for the purchase of the same but because they wanted short cut and less expense, and anyway it will soon be given to plaintiff, hence they name it in favour of Noel Gayman and the words married to Jane Gayman were incorporated therein as descriptive of the status of plaintiff as married.
11. The parents of plaintiff did never intend to include the wife Jane Gayman as one of the owners but because the latter was the wife and as descriptive of the plaintiff’s status as married, hence had it recorded into the title the name of Jane and thus r ecorded in the title as Noel D. Gayman married to Jane Gayman.
12. The parents did never intend to give or include in giving the real property above-mentioned to respondent Jane Gayman because the property was merely intended for plaintiff as the gift from his parents.
13. Plaintiff therefore wanted that TCT No. T-85179 be amended and state herein that said property is an exclusive capital property of the former having been intended as gift from his parents and considering further that plaintiff nor defendant Jane did never utilize even a single centavo for the purchase of the above mentioned lot.
Wherefore in lieu of the forgoing, after notice and hearing, judgment be rendered:
1. Top order the removal of the clouds in TCT no. T-85179 and thus order the Registry of Deeds, Baguio City to amend TCT No. T-85179 and state there in the description of the property, the owner as Noel D. Gayman as his exlusive capital property, married, of legal age, Filipino and resident of 52 Police Village, Purok 20, Irisan, Baguio City.
2. Other relief just and equitable under the premises are likewise prayed for.”
WHEREAS, this Court in its Order dated March 20, 2017 allowed the service of the summons by publication against the defendant JANE GAYMAN.
NOW THEREFORE, you the defendant JANE GAYMAN, is hereby summoned through this medium of publication, and therefore required to file with the Regional Trial Court of Baguio City, Branch 3 your answer to the above-quoted complaint within SIXTY (60) DAYS from date of publication hereof, serving at the same time a copy of said answer upon the plaintiff’s counsel, ATTY. JUVY FUENTES VALDEZ, Tambac, Malasiqui, Pangasinan, and failure to do so within the period herein prescribed, the plaintiff shall take judgment against you by default and demand from the Honorable Court the remedies and relief prayed for in the said complaint.
Let this summons be published at the expense of the plaintiff twice in a newspaper of general circulation in Baguio City, not later than December 2016.
Furthermore, there has been deposited a copy of the summons, together with that of the complaint and the Order dated March 20, 2017 at the Baguio City Post Office Postage Prepaid, directed to defendant JANE GAYMAN through registered mail by the plaintiff at her known address at Camp 4, Kennon Road, Tuba, Benguet.
WITNESS, the Honorable EMMANUEL CACHO RASING, Presiding Judge of the Regional Trial Court of Baguio City, Branch 3, this 6th day of March, 2017.
(SGD) ATTY. GAIL M. BACBAC
Clerk of Court V
Publication Dates: April 1 and 8, 2017
