Sunteți pe pagina 1din 7

Republic of the Philippines

Fourth Judicial Region


REGIONAL TRIAL COURT
San Jose, Occidental Mindoro

HEIRS OF REYNALDO ROBLES


FAJARDO SR. namely, LAURA
ADRIANO FAJARDO, MANUELITO
ADRIANO FAJARDO, JOSE MILANIO
NONILO ADRIANO FAJARDO,
ZENAIDA ADRIANO FAJARDO,
ROBERTO ADRIANO FAJARDO,
REYNALDO ADRIANO FAJARDO JR.,
VIRGILIO ADRIANO FAJARDO all
represented herein by the eldest daughter
MA. LEVITA FAJARDO-ESTEVES

Plaintiffs,

--- versus --- SP No.________________

PETITION FOR DECLARATION OF


NULLITY OF EXTRAJUDICIAL
PARTITION OF THE ESTATE OF
REYNALDO R. FAJARDO, SR. WITH
WAIVER OF RIGHTS AND DAMAGES

ANGELITA SANTOS PABLO a.k.a.


ANGELITA PABLO FAJARDO,
REYNALDO P. PAJARDO JR. a.k.a
REYNALDO PABLO FAJARDO JR.,
REYNANTE PABLO FAJARDO,
RENALYN PABLO FAJARDO

Defendants

x-----------------------------------------x
COMPLAINT

PLAINTIFFS, through counsel and before the Honorable Court,


most respectfully state that:

THE PARTIES

1) Plaintiff Laura Adriano Fajardo (Laura for brevity) is the


surviving spouse of Reynaldo Robles Fajardo Sr., Filipino, of legal
age with postal address at 185 Purok Timog Carida Village, Brgy.
Caridad, Cabanatuan City, Nueva Ecija, where she may be served
with summons and other processes of this Honorable Court 1;

2) Plaintiff Manuelito Adriano Fajardo (Manuelito for brevity) is of


legal age, married to Mylene Po-Fajardo, Filipino and with residence
address at 185 Purok Timog Carida Village, Brgy. Caridad,
Cabanatuan City, Nueva Ecija. Said plaintiff is one of the heirs of
the late Reynaldo Robles Fajardo, Sr.2;

3) Plaintiff Jose Milanio Nonilo Adriano Fajardo (Jose for brevity)


is of legal age, married to Josephine Alvendia Fajardo, Filipino and
with residence address at 1 Katuray Street, Barangay Agnaya,
Plaridel Bulacan. Said plaintiff is one of the heirs of the late
Reynaldo Robles Fajardo, Sr.3;

4) Plaintiff Roberto Adriano Fajardo (Roberto for brevity) is of legal


age, married to Gloria Cruz Pajardo, with residence address at
Corner St. Joseph Street and John Streets, Kapt. Pepe Subdivision,
Barangay Kapt. Pepe, Cabanatuan City, Nueva Ecija. Said plaintiff
is one of the heirs of the late Reynaldo Robles Fajardo, Sr. 4 ;

_________________
1
Attached and marked as Annex A is a copy of Certificate of Marriage of Reynaldo Robles
Fajardo Sr. and Laura Adriano Fajardo.
2
Attached and marked as Annex B is a copy of Certificate of Live Birth of Manuelito Adriano
Fajardo.
3
Attached and marked as Annex C is a copy of Certificate of Live Birth of Jose Milanio
Nonilo Adriano Fajardo.
4
Attached and marked as Annex D is a copy of Certificate of Live Birth of Roberto Adriano
Fajardo.

2
5) Plaintiff Reynaldo Adriano Fajardo, Jr. (Junior for brevity) is of
legal age, single, with residence address at 185 Purok Timog,
Caridad Village, Barangay Caridad, Cabanatuan Nueva Ecija. Said
plaintiff is one of the heirs of the late Reynaldo Robles Fajardo, Sr. 5;

6) Plaintiff Virgilio Adriano Fajardo (Virgilio for brevity) is of legal


age, married to Eloisa Ramos, with residence address at 185 Purok
Timog Carida Village, Brgy. Caridad, Cabanatuan City, Nueva Ecija.
Said plaintiff is one heirs of the late Reynaldo Robles Fajardo, Sr. 6;

7. Plaintiff Ma. Levita Adriano Fajardo - Esteves (Levi for brevity)


is of legal age, married to Nunilon Esteves, with residence address
at at 185 Purok Timog Carida Village, Brgy. Caridad, Cabanatuan
City, Nueva Ecija, where she may be served with summons and
other processes of this Honorable Court .. Said plaintiff is one of the
heirs of the late Reynaldo Robles Fajardo, Sr. 7;

8. Plaintiffs Laura Adriano Fajardo, Manuelito Adriano Fajardo,


Jose Milanio Nonilo Adriano Fajardo, Zenaida Adriano Fajado,
Roberto Adriano Fajardo, Reynaldo Adriano Fajardo, Jr., Virgilio
Adriano Fajardo, through a Special Power of Attorney authorized
plaintiff Ma. Levita Adriano Fajardo- Esteves to represent them in
this present petition. 8;

9. Defendant Angelita Santos Pablo (Angelita for brevity) is single,


of legal age, with residence address at Purok Matapat, Barangay
Sto. Nio, Sablayan, Occidental Mindoro where he may be served
with summons and other processes of this Honorable Court. 9 Said
defendant is the common law wife of Reynaldo Robles Fajardo, Sr.
However, she is using Angelita Pablo Fajardo in all her personal
effects with Affidavit of Two Disinterested Persons attesting to the
fact that Angelita Santos Pablo and Angelita Pablo Fajardo is one
and the same person.10;

10. Defendant Reynaldo P. Pajardo, Jr. (Junjun for brevity) is of


legal age, married and with residence address at 192 Zone 2
Matapat St., Barangay Sto. Nio, Sablayan, Occidental Mindoro
where he may be served with summons and other processes of this
Honorable Court.11
_________________
5
Attached and marked as Annex E is a copy of Certificate of Live Birth of Reynaldo Adriano
Fajardo, Jr.
6
Attached and marked as Annex F is a copy of Certificate of Live Birth of Virgilio Adriano
Fajardo.
7 Attached and marked as Annex G is a copy of Certificate of Live Birth of Ma. Levita
Adriano Fajardo Esteves.

Said defendant is a child of the late Reynaldo Robles Fajardo, Sr. to


his common law wife Angelita Santos Pablo a.k.a Angelita Pablo

3
Fajardo, however he is also known to be using the name Reynaldo
Pablo Fajardo, Jr. in all his personal effects, with the Joint Affidavit
of Two Disinterested Person that Reynaldo Pablo Pajardo, Jr. and
Reynaldo Pablo Fajardo, Jr. is one and the same person. 12;

11) Defendant Reynante Pablo Fajardo (Nante for brevity) is of


legal age, married and a resident of Barangay Sto. Nio, Sablayan,
Occidental Mindoro where he may be served with summons and
other processes of this Honorable Court. Said defendant is a child
of the late Reynaldo Robles Fajardo, Sr. to his common law wife
Angelita Santos Pablo a.k.a Angelita Pablo Fajardo.

12) Defendant Renalyn Pablo Fajardo (Renalyn for brevity) is of


legal age, single and a resident of Barangay Sto.Nio, Sablayan,
Occidental Mindoro where he may be served with summons and
other processes of this Honorable Court. Said defendant is a child
of the late Reynaldo Robles Fajardo, Sr. to his common law wife
Angelita Santos Pablo.

THE CAUSE OF ACTION FOR PETITION FOR DECLARATION OF


NULLITY OF EXTRAJUDICIAL PARTITION WITH WAIVER OF
RIGHTS

13) Plaintiff Laura Adriano Fajardo and the late Reynaldo Robles
Fajardo, Sr were married on July 14, 1943 at Immaculate
Concepcion Parish, Malolos, Bulacan. Born within this wedlock
were plaintiffs, Manuelito Adriano Fajardo, Jose Milanio Nonilo
Adriano Fajardo, Zenaida Adriano Fajardo, Roberto Adriano
Fajardo, Reynaldo Adriano Fajardo, Jr., Virgilio Adriano Fajardo
and Ma. Levita Adriano Fajardo-Esteves.

__________________
8
Attached and marked as Annex H is a copy of Special Power of Attorney authorizing
plaintiff Ma. Levita Adriano Fajardo Esteves to represent Plaintiffs Laura Adriano Fajardo,
Manuelito Adriano Fajardo, Jose Milanio Nonilo Adriano Fajardo, Zenaida Adriano
Fajado, Roberto Adriano Fajardo, Reynaldo Adriano Fajardo, Jr., Virgilio Adriano
Fajardo in this present petition.
9
Attached and marked as Annex I is a copy of Voter Certification of Angelita Santos Pablo.
10
Attached and marked as Annex J is the Joint Affidavit of Two Disinterested Person
attesting to the fact that Angelita Santos Pablo and Angelita Pablo Fajardo is one and the same
person.
11
Attached and marked as Annex K is the Certificate of Live Birth of Reynaldo Pablo Pajardo,
Jr.
12
Attached and marked as Annex L is the Joint Affidavit of Two Disinterested Person that
Reynaldo Pablo Pajardo, Jr. and Reynaldo Pablo Fajardo, Jr. is one and the same person.
The family live together in Bulacan, until sometime in 1955 for fear
of his life and that of his family being a hunted member of
HUKBALAHAP said late Reynaldo Robles Fajardo, Sr. decided to left

4
his wife and children to his relatives in Nueva Ecija to leave for
Sablayan, Occidental Mindoro.

14) Upon arrival in Sablayan, Occidental Mindoro and using the


money received from Laura Adriano Fajardo as pabaon, said late
Reynaldo Robles Fajardo, Sr. acquired several parcels of land,
covered by TCT No. T-15251-This parcel of land has an aggregate
area of One Thousand (1,000) Square Meters, more or less ,
situated at Barrio of Payompong, Municipality of Sablayan. 13, ; TCT
No. T-15252-This parcel of land has an area of Eight Thousand
Seven Hundred Ninety Eight (8,798) Square Meters more or less,
situated at Barrio of Payompong Municipality of Sablayan. 14; TCT
No. T-20053-This parcel of land has an area of Two Hundred (200)
Square Meters more or less, situated at Barangay Payombong (Sto.
Nio now) Municipality of Sablayan. 15; TCT No. T- 20054- This
parcel of land has an area of Two Hundred (200) Square Meters
more or less, situated at Barangay Payombong( Sto. Nio now)
Municipality of Sablayan, Occidental Mindoro. 16 ; TCT No. T-15350-
This parcel of land has an area of Four Thousand Two Hundred
Eighty One (4,281) Square Meters more or less, situated at Barrio
Paypmpon, Municipality of Sablayan. 17; for fear that his identity and
that of his family may be revealed he represented himself as a
widower in registering said properties.

15) It was during his stay in Sablayan that he met defendant


Angelita Santos Pablo a.k.a Angelita Pablo Fajardo. The two fell in
love and live together as common law husband and wife. Out of this
union, defendants Reynaldo Pablo Pajardo, Jr. a.k.a Reynaldo Pablo
Fajardo, Jr., Reynante Pablo Fajardo and Renalyn Pablo Fajardo
were born.

16) Plaintiff Laura Adriano Fajardo and the late Reynaldo Robles
Fajardo, Sr. never saw each other until the latters death on July
31, 1997. 18; Neverthelss, neither of the two moved to severe their
______________________________

13
Attached and marked as Annex M, M-1, M-2, M-3, M-4, is the copy of TCT No. T-15251
in the name of Reynaldo Fajardo.
14
Attached and marked as Annex N, N-1, N-2, N-3, N-4 is the copy of TCT No. T-15251 in
the name of Reynaldo Fajardo.
15
Attached and marked as Annex O, O-1, O-2, O-3, O-4 is the copy of TCT No. T-20053 in
the name of Reynaldo Fajardo.
16
Attached and marked as Annex P, P-1, P-2, P-3, P-4 is the copy of TCT No. T-20054 in the
name of Reynaldo Fajardo.
17
Attached and marked as Annex Q, Q-1, Q-2, Q-3, Q-4 is the copy of TCT No. T-15350 in
the name of Reynaldo R. Fajardo.
18
Attached and marked as Annex R is the copy of Certificate of Death of Reynaldo Robles
Fajardo, Sr.
marriage bonds. The Death Certificate of Reynaldo Robles Fajardo,
Sr. shows that his civil status is married at the time of his death. 19

5
17) It was sometime in September 2017, that the plaintiffs found
out that the defendant Angelita Santos Pablo a.k.a Angelita Pablo
Fajardo, defendant Reynaldo Pablo Pajardo, Jr. a.k.a Reynaldo
Pablo Fajardo, Jr., defendant Reynante Pablo Fajardo and
defendant Renalyn Pablo Fajardo claiming themselves as the sole
legitimate and surviving heirs of the late Reynaldo Robles Fajardo,
Sr. have executed an ETRAJUDICIAL PARTITION OF THE ESTATE
OF LATE REYNALDO ROBLES FAJARDO, SR. WITH WAIVER OF
RIGHTS dated August 1, 2013 and adjudicated onto themselves
EQUALLY the aforedescribed parcels of land. In the same
instrument, defendants Angelita Santos Pablo a.k.a Angelita Pablo
Fajardo, defendant Reynante Pablo Fajardo and defendant Renalyn
Pablo Fajardo CEDED, TRANSFERRED and CONVEYED by way of
RELINQUISHMENT all their RIGHTS, INTERESTS AND
PARTICIPATION, over the same parcels of land to defendant
Reynaldo Pablo Pajardo, Jr. a.k.a Reynaldo Pablo Fajardo, Jr. 20
18) These factual events fraudulently deprived the plaintiffs of their
rightful shares in the properties left by their deceased parent to
which they lawfully and legally entitled to as legal heirs.

THE CAUSE OF ACTION FOR DAMAGES


___________________________
19
Attached and marked as Annex S the portion of Certificate of Death Reynaldo Robles
Fajardo, Sr. indicating that his Civil Status is married.
20
Attached and marked as Annex T, T-1, T-2 is the copy of ETRAJUDICIAL PARTITION OF
THE LATE REYNALDO ROBLES FAJARDO, SR. executed by and among: Angelita Pablo
Fajardo, Reynante P. Fajardo, Reynaldo Pablo Fajardo, Jr.,and Renalyn Pablo Fajardo.

6
7