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C O M PLAI N T
PLAINTIFFS, through counsel,
most respectfully state that:
10). Upon finding what her brother did, Amparo, aided by Cecilio, produced
a Deed of Absolute Sale of their own allegedly from their mother claiming
the same property as their own. Squabble over the property developed
between the three children of Cirila Bonga Bongalon who have separate
vested interest which escalated into a full blown case for Quieting of Title
filed by Pedro Bongalon against Amparo and Cecilio only WITHOUT
IMPLEADING THE REST OF THEIR SIBLINGS INCLUDING
GLORIA BONGALON COLASITO.
11). Hence, Gloria Bongalon Colasito and her Heirs have no knowledge and
even participation to the case between Pedro, Amparo and Cecilio.
12). Several years passed, the case was escalated up to the Supreme Court.
On November 10, 2004, the Supreme Court rendered her decision 5 on this
wise to wit:
Wherefore, We grant the petition in part. We set aside the
Decision dated 27 November 1992 and the Resolution
dated 23 February 2000 of the Court of Appeals. We enter
Judgment as follow:
1. The Deed of Sale dated 22 February 1971 and the Deed of
Extra Judicial Settlement dated 30 January 1979 are
ANNULLED.
2. Transfer Certificate of Title T-67780 is CANCELLED.
The Register of Deeds of Albay is ordered to restore TCT
T-67656 in the name of Rosalia Buenaflor
3. Respondents Cecilio Bongalon and the Heirs of Amparo
Bongalon are ordered to vacate Lot 525-A and to remove
all the improvements they have constructed on Lot 525A.
In sum, the Supreme Court have already confirmed that both Amparo and
Pedro Bongalon FALSIFIED legal document, the very reason why the
High Court ordered its Cancellation. All three respondents have also
committed Fraud to the other legal heirs by depriving them of their rightful
legitime.
13). Twelve (12) long years have passed, from the date of the decision of
the Supreme Court on November 10, 2004 on GR No. 142441, after it
5 Decision on GR No. 142441 dated November 10, 2004 as Annex H
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became final and executory, remains unenforced due to the prevailing partys
(Pedro Bongalon and his Heirs) own inaction.
14). Now, in August 2016, the Heirs of Pedro Bongalon, are trying to evict
us from the property we have been occupying from time immemorial based
on a Decision which is already barred by the statue of limitation, aside from
the fact that we, the Heirs of Gloria Bongalon-Colasito, are not privy nor
participant nor impleaded in the cased Pedro, Amparo and Cecilio fought
over hence IS NOT BOUND BY THE DECISION RENDRED THERETO.
15). Also, due to the claims being imposed by the Heirs of Pedro Bongalon,
and in order to protect our rights and interest over the said property, we are
constrained to do our own research on all the documents presented by Pedro,
Amparo and Cecilio and the findings we obtained shall be presented to this
Honorable Court via this complaint.
FORGED / FALSIFIED / FRAUDULENT
SIMULATED DEED OF ABSOLUTE SALE
During our research, we came upon the Deed of Absolute Sale of
Cirila Bonga Bongalon in favor of Pedro Bongalon as well as the Deed of
Absolute Sale of Trinidad, Conchita and Teodora in favor of Cirila Bonga
Bongalon.
Upon close perusal of the two documents, we found out that the two
documents BEARS THE SAME DATE AND THE SAME NOTARIAL
REGISTRY NUMBER in violation of the Notarial Act which stated that
FOR EVERY NOTARIAL ACT, the Notary Public shall record in the
notaral register at the time of the notarization (1) an entry number(doc.
No.) and page number and book number. (for emphasis, underscoring
ours)
It is but a quandary how the Regional Trial Court overlooked this
glaring fact then.
Upon closer perusal, the signature of Cirila Bonga Bongalon in the
Deed of Sale between her co-siblings differs greatly from the one
benefitting Pedro Bongalon.
The results of the National bureau of Investigation (NBI)s comparative
signature analysis shall be presented in Court during trial proper.
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Henceforth, We are also invoking our right to present and adduce evidences
in support of this complaint via Supplemental of Amended Complaint.
THE RELIEFS
WHEREFORE, premises considered, it is most respectfully prayed
from this Honorable Court that, after due notice and hearing, judgment be
rendered as follows:
1) ORDERING the Deed of Absolute Sale of Pedro Bongalon
NULL and VOID;
2) ORDERING the Register Of Deeds of Albay to hold in
abeyance the issuance of any title to the Heirs of Pedro
Bongalon based on the Supreme Court Decision dated
November 10, 2004, which is already barred by the Statute of
Limitation, pending the finality of this Complaint.
3) SET ASIDE the Decision of the Supreme Court dated
November 10,2004 due to prescription;
4) REINSTATING Transfer Certificates of Title No. T-67656;
5)ORDERING DEFENDANTS to convey ownership and
possession of the subject property to plaintiffs;
5) ORDERING defendants to jointly and severally pay plaintiffs:
a) Php 200,000.00, P10,000 per appearance as and for
attorneys fees;
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Plaintiffs pray for such other reliefs and remedies that are just and
equitable under the premises.
Tabaco City, Albay, August 22, 2016
RESPECTFULLY SUBMITTED.
2.
3. That we have read the contents thereof and that the same are
true and correct to the best of our personal knowledge or based
on authentic records ;
4. That we further states :
a. That we have not theretofore commenced any action of
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 ;
b. If there is such other pending action or claim, a complete
statement of the present status thereof ; and
c. If we should thereafter learn that the same or similar
action or claim has been filed or is pending, we shall
report the fact within five (5) days therefrom to the court
wherein our aforesaid complaint or initiatory pleading has
been filed.
IN WITNESS WHEREOF, we have hereunto set my hand this ___ th of
_________ 2016 at Tabaco City, Albay, Philippines.
ID No.
Place/Date Issued
Dante B. Colasito
who have satisfactorily proven his identity to me through his respective
competent evidence of identification who was the same person who
personally signed before me the foregoing Verification and Certification
Against Forum Shopping and acknowledge that they executed the same.
NOTARY PUBLIC
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