Republic of the Philippines

REGIONAL TRIAL COURT

11TH Judicial Region
Branch __, Panabo City
ALLAN C. BLASÉ, EDUARDO C.
BLASÉ, JULIAN C. BLASÉ,
PASCUAL C. BLASÉ, REMEDIOS C.
BLASÉ, RODRIGO C. BLASÉ,
ESTERLITA B. INCLINO, NENA B.
DETROS, VERGENIA B. CIVIL CASE NO. ____________
SARAMOSING, ROY B. PIODOS,
JACQUELIN B. TORRES,
Represented by ORLANDO
INCLINO

Plaintiffs
-versus- FOR: NULLIFICATION OF DEED OF
DONATION, CANCELLATION OF
CERTIFICATE OF TITLE,
RECONVEYANCE, DAMAGES AND
ATTORNEY’S FEES
MUNICIPALITY OF STO.TOMAS,
Represented by DANIEL
BATOSALEM JR. as incumbent
Mayor, THE REGISTER OF DEEDS
OF THE PROVINCE OF DAVAO DEL
NORTE,
Defendants
X- - - - - - - - - - - - - - -X

COMPLAINT
COMES NOW, Plaintiffs, by the undersigned counsels, unto the
Honorable Regional Trial Court, most respectfully submit this
Complaint and aver:

PREFATORY STATEMENT
(synopsis of the case)

Out of love and generosity, the late Spouses Damian and Marcosa Blase, who are both
unlettered, executed several deeds of donation to donate a vast portion of their land to the
Municipality of Sto.Tomas… However, it was belatedly found out that a portion of the Spouses
Blase’s land, of which they have no absolute intention of donating since they wish and intend the
same to be their children’s inheritance, was mistakenly donated to the Municipality… now, the
herein plaintiffs hereby most respectfully pray for the just reconveyance of the said land, and for
such other speedy and equitable reliefs before this Honorable Court...

CIRCUMSTANCES OF THE PARTIES

(circumstances of the plaintiffs and defendant in this case)

Blase v Sto. Tomas; Nullification of Deed of Donation, Reconveyance, Etc. Page 1 of 5

 1. Plaintiffs are the heirs of the late Spouses Damian and
Marcosa Blase, all of legal ages, Filipinos and with residence
address at Santo Tomas, Davao del Norte, Philippines;
2. Plaintiffs, by virtue of a Special Power of AttorneyA, are
represented in this complaint by ORLANDO INCLINO married to
ESTERLITA B. INCLINO, and with residence address at Santo
Tomas, Davao del Norte, Philippines, c/o Jonathan Uy Law
Office, Peyreyras Building, Pioneer Avenue, Tagum City, for
purposes of services of summons, orders, notices and other
court processes;
3. Defendants are:
a. The Local Government Unit of Santo Tomas, a 1st class
municipality in the province of Davao del Norte,
represented by the Incumbent Municipal Mayor DANIEL
BATOSALEM JR, with office address at Municipal Hall,
Santo Tomas, Davao del Norte, for purposes of service of
summons and other processes of this Honorable Court;
b. THE REGISTER OF DEEDS OF THE PROVINCE OF DAVAO DEL NORTE
as nominal formal party defendant, with office address
at Provincial Capitol Building, Tagum City, Davao del
Norte, for purposes of service of summons and other
processes;

STATEMENT OF facts/CAUSES OF ACTION

(clear and concise statements of the facts)

4. On 07 September 1962, the late Spouses Damian and Marcosa

Blase executed a Deed of DonationB – notarized before Justice of the
Peace, Notary Public Ex-Officio, SABAS C. SAYON and registered in his
notarial register as Document No. 207, Page No. 39, Book No. 1, Series of
1962 – donating ONE AND ONE HALF (1 ½) hectares portion of that
parcel of land known as Lot No. 2377, Pls-70, containing an
area of 4.3516 hectares, to the Municipality of Santo Tomas in
consideration of Spouses Blase’s love and generosity for the
said municipality;
5. On 02 August 1972, the late Spouses Damian and Marcosa
Blase signed three instruments purporting to be Deeds of
Donation, donating portions of their land that were already
covered in the previous Deed of Donation dated 07 September
1962, notarized by Notary Public Ex-Officio SABAS C. SAYON, and
duly registered in the latter’s notarial register, to wit:
a. Deed of Donation (ROAD LOT 2)C donating ONE THOUSAND FIVE
HUNDRED SEVEN (1,587) SQUARE METERS, more or less,
portion of Spouses Blase’s land to be used as road (Doc
No. 428, Book No. 6, Series of 1972);

A attached herewith is a copy of the SPECIAL POWER OF ATTORNEY and made an integral part hereof and marked as ANNEX “A”
B attached herewith is a copy of the 7 SEPTEMBER 1962 DEED OF DONATION and made an integral part hereof and marked as ANNEX “B”
C
attached herewith is a copy of the 2 AUGUST 1972 DEED OF DONATION (ROAD LOT 2) and made an integral part hereof and marked as ANNEX “C”

Blase v Sto. Tomas; Nullification of Deed of Donation, Reconveyance, Etc. Page 2 of 5

 b. Deed of Donation (MARKET PLACE)D donating ELEVEN THOUSAND
TWO HUNDRED FORTY FOUR (11,244) SQUARE METERS, more or
less, portion of Spouses Blase’s land to be used as
construction site for the market place (Doc No. 429, Book
No. 6, Series of 1972);

c. Deed of Donation (ROAD LOT 1)E donating EIGHT THOUSAND

TWO HUNDRED SIXTY EIGHT (8,268) SQUARE METERS, more or
less, portion of Spouses Blase’s land to be used as road
(Doc No. 430, Book No. 6, Series of 1972);

6. With respect to the Deed of Donation over ROAD LOT 2, the

late Spouses Blase have never intended to donate the same to
the Municipality of Santo Tomas because they intended to
reserve the same as their children’s inheritance; the Spouses
Blase made an honest mistake and inadvertence in signing the
said Deed considering their lack of legal knowledge and
familiarity with the intricacies of executing legal documents
as well as being unlettered;
7. Further, Spouses Blase’s above-mentioned intention is
bolstered by the fact that their heirs has been exercising
actual, open, continuous, notorious and exclusive possession in
the concept of an owner over the same during the lifetime of
the Spouses Blase and up to the present date;
a. The Municipality of Santo Tomas has never been in actual
and exclusive possession of the same even after the
Spouses Blase signed that Deed of Donation dated 02
August 1972 covering the said ROAD LOT 2;
8. On 22 August 1972, the REGISTRY OF DEEDS FOR THE PROVINCE
OF DAVAO DEL NORTE issued a Transfer Certificate of Title No.
T-12115F, covering and embracing ROAD LOT 2, in the name of the
Municipality of Santo Tomas, instead of in the name of the
Spouse Blase;
a. Leopaldo Recto – former Vice-Mayor of the Municipality of
Santo Tomas, who, as High Ranking officer of the said
Municipality, had personal knowledge of the attending
circumstances surrounding the Spouses Blase’s true intention
with respect to ROAD LOT 2 - executed an AffidavitG that
there was a mistake in the issuance of title in the name
of the Municipality of Santo Tomas of the property
covered by Transfer Certificate of Title No. T-12115
(ROAD LOT 2) as it should have been issued to Damian
Blase because the latter has no intention to donate ROAD
LOT 2 to the LGU of Santo Tomas since the latter intends
the same as inheritance to the latter’s children;
9. On 18 September 1989, the Sangguninang Bayan of the
Municipality of Santo Tomas had passed and adopted that

D
attached herewith is a copy of the 2 AUGUST 1972 DEED OF DONATION (MARKET PLACE) and made an integral part hereof and marked as ANNEX “D”
E
attached herewith is a copy of the 2 AUGUST 1972 DEED OF DONATION (ROAD LOT 1) and made an integral part hereof and marked as ANNEX “E”
F
attached herewith is a copy of the CERTIFIED TRUE COPY TCT NO. T-12115 and made an integral part hereof and marked as ANNEX “F”
G
attached herewith is a copy of the RECTO’S AFFIDAVIT and made an integral part hereof and marked as ANNEX “G”

Blase v Sto. Tomas; Nullification of Deed of Donation, Reconveyance, Etc. Page 3 of 5

unanimous Resolution No. 89-141H to donate back a portion of
ROAD LOT 2 to Mr. Damian Blase;
a. Said resolution is tantamount to an admission to the
fact that there was a mistake in the part of the LGU of
Santo Tomas in accepting Spouses Blase’s donation of
that ROAD LOT 2 and further registering the same with
the Register of Deeds in the name of the said LGU;
10. On 14 May 1990, the office of the Municipal Planning and
Development Coordinator issued a CertificationI certifying that
that parcel of land, covered by TCT No. T-12115, is classified
as residential zone, as per approved zonification plan of the
Municipality of Santo Tomas;
a. This bolsters the fact that ROAD LOT 2 has never been
used as public road by the Municipality of Santo Tomas
and the latter has no intention of doing so;
11. On 4 March 1996, the Sangguninang Bayan of the
Municipality of Santo Tomas had passed and adopted that
Resolution No. 38 Series of 1996J, authorizing Municipal Mayor
MAXIMO M. ESTELLA, M.D., to sign for and in behalf of the
Municipality of Santo Tomas for the execution of the Deed of
Donation over ROAD LOT 2 in favor of Mr. Damian Blase, in order
to give effect to Resolution No. 89-141;
12. On 22 February 2017, the Committee on Rules and
Privileges, Revisions of Laws, Ordinances and Resolutions of
the Sangguninang Bayan of the Municipality of Santo Tomas had
convened to discuss (Committee Report No. 127-Series of 2017K)
the matter of donating back a portion of the land that was
mistakenly donated by the late Spouses Blase and now titled in
the name of the LGU of Santo Tomas, however, no discussion was
had and the same was reset to another date;
13. On 5 March 2017, the above-said Committee had again
convened and, this time, discussed (Committee Report No.154
Series of 2017L) the above-cited matter;
a. Upon the completion of the discussion, it was
recommended to seek legal advice/opinion from the
Department of Interior and Local Government (DILG)
regarding the legal implications of donating back the
subject property to the Heirs of Blase;
14. Plaintiffs have suffered grave stress and sleepless
nights engendered by the unreasonable delay in effecting the
return of the late Spouses Blase’s property (ROAD LOT 2), which
was mistakenly donated, back to them; as such, Plaintiffs
should be justly compensated for moral damages;

H
attached herewith is a copy of the RESOLUTION NO. 89-141 and made an integral part hereof and marked as ANNEX “H”
I
attached herewith is a copy of the MPDC CERTIFICATION and made an integral part hereof and marked as ANNEX “I”
J
attached herewith is a copy of the RESOLUTION NO. 38 SERIES OF 1996 and made an integral part hereof and marked as ANNEX “J”
K
attached herewith is a copy of the COMMITTEE REPORT NO. 127 SERIES OF 2017 and made an integral part hereof and marked as ANNEX “K”
L
attached herewith is a copy of the COMMITTEE REPORT NO. 154 SERIES OF 2017 and made an integral part hereof and marked as ANNEX “L”

Blase v Sto. Tomas; Nullification of Deed of Donation, Reconveyance, Etc. Page 4 of 5

 15. In order to enforce Plaintiffs’ rights, Plaintiffs are
constrained to engage the services of counsels for a fee of
SEVENTY FIVE THOUSAND (₱75,000.00) PESOS plus TWO THOUSAND
(₱2,000.00) PESOS per court appearance;

prayers
(legal and equitable reliefs prayed for)

16. IN LIGHT OF THE FOREGOING, it is most respectfully prayed

of this Honorable Court that after due notice and hearing,
judgment be rendered in favor of Plaintiffs as follows:
a. Nullifying that DEED OF DONATION (ROAD LOT 2) donating
ONE THOUSAND FIVE HUNDRED SEVEN (1,587) SQUARE METERS,
more or less, portion of Spouses Blase’s land to be used
as road , notarized by Notary Public Ex-Officio SABAS C.
SAYON, and duly registered in the latter’s notarial
register as Doc No. 428, Book No. 6, Series of 1972;
b. Ordering THE REGISTER OF DEEDS OF THE PROVINCE OF DAVAO
DEL NORTE to cancel Transfer Certificate of Title No. T-
12115 registered in the name of the Municipality of
Santo Tomas, and issue another in favor of herein
plaintiffs after payment of the required fees;
c. Ordering the Municipality of Santo Tomas to pay moral
damages in the amount of NOT LESS THAN FIFTEEN THOUSAND
(₱15,000.00) PESOS as well as to pay Attorney’s fee in
the amount of SEVENTY FIVE THOUSAND (₱75,000.00) PESOS
plus TWO THOUSAND (₱2,000.00) PESOS per court
appearance, and to pay the cost of the suit;
d. Granting and rendering such other reliefs and remedies
that are just and equitable under the premises.

Tagum City, Davao del Norte, Philippines, this 7 February

2018.

Respectfully Submitted.

HEIRS OF THE LATE SPOUSES BLASE

Plaintiffs
Represented by:

ORLANDO INCLINO
Assisted by:

ATTY. BALTAZAR SATOR ATTY. JONATHAN P. UY

Counsel for the Plaintiffs Collaborating Counsel
Sator and Baura Law Office Second Floor, Pereyras Building,
2nd Floor, Pereyras Building, Pioneer Avenue, Tagum City, DDN
Pioneer Ave., Tagum City MCLE COMPLIANCE Exempt for
Tel. No. (082) 216-7067 recently passing the 2016 Bar Exam
IBP No. 956997/12-29-14/TC PTR No. 881758
MCLE COMPLIANCE NO. V-0012858 IBP OR # 0989174
PTR No. 1678757/01-07-15/TC Roll No. 67339
TIN 452-694-284

Blase v Sto. Tomas; Nullification of Deed of Donation, Reconveyance, Etc. Page 5 of 5

Blase v Sto. Tomas; Nullification of Deed of Donation, Reconveyance, Etc. Page 6 of 5
Blase v Sto. Tomas; Nullification of Deed of Donation, Reconveyance, Etc. Page 7 of 5
 VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, ORLANDO INCLINO, of legal age, married, Filipino, after
being duly sworn to in accordance with law, do hereby depose
and say that:

1. .I have caused the preparation of the complaint and I have

read the same and knows the contents thereof, and that the
allegations contained therein are true and correct of my
own personal knowledge;
2. I further certify that:

a. I have not theretofore commenced any other action or

proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency;

b. to the best of my knowledge, no such action or proceeding

is pending therein;

c. if I should thereafter learn that the same or similar

action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report
such fact within five (5) days therefrom to the court or
agency wherein the original pleading and sworn
certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this

_____________, at Tagum City.

ORLANDO INCLINO
Affiant
CEI: __________________________

SUBSCRIBED AND SWORN TO before me this _____________, affiant

exhibiting her competent evidence of identity.

ATTY. JONATHAN P. UY
Notary Public
Until December 31, 2018
Doc. No.___; PTR No. 2250769; January 8, 2018
Page No.___; IBP OR # 006403; May 21, 2017
Book No.___; Roll No. 67339
Series of 2018 TIN No. 452-694-284
 Represented by: Assisted by: ATTY. JONATHAN
P. UY
ORLANDO INCLINO
ATTY. JONATHAN P. UY
Counsel for the Plaintiff
Second Floor, Pereyras Building,
Pioneer Avenue, Tagum City, DDN
MCLE COMPLIANCE Exempt for
recently passing the 2016 Bar Exam
PTR No. 881758
IBP OR # 0989174
Roll No. 67339
TIN 452-694-284

ATTY. MATIAS T. AQUIATAN

Counsel for the Appellant
Ground Floor, Pereyras Building,
Pioneer Avenue,Tagum City, Davao del Norte
MCLE COMPLIANCE NO. V-0012858
Date printed: January 08, 2016
Valid from: April 15, 2016 to April 14, 2019
PTR No. 1843527 Jan. 04, 2016
IBP OR # 0989174 Dec. 09, 2015
Roll No. 32402 May 2, 1983
T I N 911-021-151

Copy furnished:
Department of Justice
Padre Faura Street
Ermita, Manila 1000

ROWENA M. QUIAMCO
Respondent-Appellee
Quirante II Street
Tagum City, Davao del Norte
 VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, ORLANDO INCLINO, of legal age, married, Filipino,
after being duly sworn to in accordance with law, do hereby
depose and say that:

3. I have caused the preparation of the complaint and I

have read the same and knows the contents thereof, and
that the allegations contained therein are true and
correct of my own personal knowledge;
4. I further certify that:

a. I have not theretofore commenced any other action

or proceeding or filed any claim involving the
same issues or matter in any court, tribunal, or
quasi-judicial agency;
b. to the best of my knowledge, no such action or
proceeding is pending therein;
c. if I should thereafter learn that the same or
similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of
Appeals, or any other tribunal or quasi-judicial
agency, I undertake to report such fact within
five (5) days therefrom to the court or agency
wherein the original pleading and sworn
certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this

_____________, at Tagum City.

ORLANDO INCLINO
Affiant
CEI:
SUBSCRIBED AND SWORN TO before me this _____________,
affiant exhibiting her competent evidence of identity.

ATTY. JONATHAN P. UY
Notary Public
Until December 31, 2018
Doc. No.___; PTR No. 2250769; January 8, 2018
Page No.___; IBP OR # 006403; May 21, 2017
Book No.___; Roll No. 67339
Series of 2018 TIN No. 452-694-284
 AFFIDAVIT OF COMPLETENESS
(DECLARATION OF COMPLETENESS)

I, ANNA LIZA A. GUILLOREZA, hereby declare that the

documents and annexes thereof hereto submitted
electronically, in accordance with the RULE ON
ELECTRONIC FILING OF PETITIONS FOR REVIEW, are complete
and faithful electronic reproductions thereof filed
with the Department of Justice.

ANNA LIZA A. GUILLOREZA

Affiant

SUBSCRIBED AND SWORN TO before me this 9TH of October,

2017, affiant exhibiting her competent evidence of
identity, to wit: