REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Branch __
Naga City, Camarines Sur

AIMEE C. ROSALES-UY,
AVALYN C. ROSALES-WONG,
represented by AIMEE C.
ROSALES-UY,
Plaintiffs,

Civil Case No.:_________________

- vs - (For: Annulment of Sale and
Reconveyance of
Property)

AGAPITO B. ROSALES, FEMIE

P. LAURETA,

Defendants.

x ----------------------------------------- x

COMPLAINT

Plaintiffs, by undersigned counsel, respectfully states:

1. Plaintiff Aimee C. Rosales-Uy is of legal age, with

residence address at 15B Pres. Garcia St., Teoville East Subd., Brgy.
BF, Paranaque City, Metro Manila.

2. Plaintiff Avalyn C. Rosales-Wong is of legal age,

with residence at 11842 SE Bush St., Portland, Oregon, 97266. She is
represented by herein Plaintiff Aimee C. Rosales-Uy. Attached
herewith as Annex “A” is a copy of the Special Power of Attorney
executed by plaintiff Avalyn appointing Aimee C. Rosales-Uy as her
attorney-in-fact.
 3. Defendant Agapito B. Rosales is of legal age, with
residence at 19 Penafrancia Ave., Naga City, where he may served
with summons and other legal processes of the Honorable Court.

4. Defendant Femie P. Laureta is of legal age, and a

resident of No. 714 La Purisima St., Goa, Camarines Sur, where she
may be served with summons and other legal processes of the
Honorable Court.

5. Defendant Agapito and Avelina C. Rosales were

married on 21 January 1973. A copy of the Marriage Contract is
hereto attached as Annex "B".

6. Plaintiffs Avalyn and Aimee are two of the five

children borne out of their marriage. Copies of their birth certificates
are hereto attached as Annexes "C" and "D", respectively.

7. During the marriage, the spouses acquired various

real properties. Among which is a real property located at
Bagumbayan Sur, Naga City, covered by TCT No. 086-2013001092
consisting of ninety-five (95) square meters, more or less (hereinafter,
the "subject property") with Tax Declaration No. 0802000302067.
Copies of the Transfer Certificate of Title and Tax Declaration are
hereto attached as Annexes "E" and "F".

8. Sometime in 2008, Avelina migrated to the United

States of America to support and render aid to their daughter,
plaintiff Avalyn. Thereafter, Avelina was diagnosed of cancer which
required her to stay in the USA for medical treatment between the
periods from 2012-2014 or until she passed away on 19 December
2014. In between these periods, however, she had been allowed by
her doctor to take a one and a half month vacation in the Philippines
in April 2014. A copy of Avelina's death certificate is hereto attached
as Annex "G".

9. It came to the knowledge of plaintiffs that the

subject property above was sold by defendant Agapito to defendant
Laureta on 19 August 2013 and a purported signature of their
mother, Avelina, was affixed therein. A copy of the Deed of Sale
dated 19 August 2013 containing the purported signature of Avelina
is hereto attached as Annex "H".

10. By virtue of the Deed of Sale dated 19 August 2013,

the subject property was transferred to defendant Laureta. A copy of
the Transfer Certificate of Title No. 086-2013002205 in the name of
defendant Laureta is hereto attached as Annex "I" and the Tax
Declaration No. 0802000302089 as Annex "J".

11. The signature of Avelina as appearing in the Deed

of Sale between defendants Agapito and Laureta was not hers. In
fact, it was not possible for Avelina to affix her signature in the Deed
of Sale and appear before a Notary Public in Naga City on 27 August
2013 because she was then in the USA.

12. Avelina's Philippine Passport No. EB4919135 would

show that she left the Philippines on 9 June 2012 and was stamped
admitted by the US Department of Homeland Security on the same
date. A copy of Avelina's Philippine passport is hereto attached as
Annex "K".

13. On 24 June 2013, Avelina became a US Citizen.

Avelina stayed in the USA from 9 June 2012 until her arrival in the
Philippines on 2 April 2014. A copy of Avelina's US Passport is
hereto attached as Annex "L".

14. From 9 June 2012 to 1 April 2014, Avelina was not

physically present in the Philippines. Thus, it was impossible for her
to give her consent by affixing her signature in the Deed of Sale on 19
August 2013 and appearing before a Notary Public on 27 August
2013.

15. On 25 May 2014, Avelina has reacquired her

Philippine citizenship per Order of Approval of her petition for re-
acquisition of Philippine Citizenship and Oath of Allegiance taken
before the Philippine Consulate General in San Francisco, California,
USA. Copies of the Oath of Allegiance, Identification Certificate No.
COW-POR-657/2014, and Order of Approval all dated 25 May 2014
are hereto attached as Annexes "M" to "O".

16. There is a marked difference between the genuine

signatures of Avelina as shown in her Philippine and US passports,
on one hand, and her forged signatures in the Deed of Sale dated 19
August 2013, on the other. Avelina's passport was issued on 23 July
2013, or almost one month prior to the date of the Deed of Sale.

17. Avelina's signature strokes on the Deed of Sale

appears heavy, deliberate, and forced. Her specimen signatures in
the Philippine and US Passports, on the other hand, are consistently
of a lighter stroke and more fluid. The way all the letters were
written is also remarkably different. The variance is obvious even to
the untrained eye.

18. There is no semblance of identical strokes between

Avelina's US passport which was issued on 23 July 2013, or almost
one month prior to the date of the Deed of Sale, and the Deed of Sale
dated 19 August 2013.

19. Notably, defendant Agapito and Avelina had been

living separately from each other since 2009 when Agapito left the
family home in Pili, Camarines. Since then, the relationship of
defendant Agapito and Avelina had consistently been sour. In fact,
they never communicated with each other. It would have been quite
tempting for defendant Agapito to just forge her signature and avoid
the risk that she would not give her consent to the sale.

20. Article 124 of the Family Code of the Philippines

provides:

Art. 124. x x x In the event that one spouse is

incapacitated or otherwise unable to participate in the
administration of the conjugal properties, the other
spouse may assume sole powers of
administration. These powers do not include the
 powers of disposition or encumbrance which must have
the authority of the court or the written consent of the
other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. x x x

21. Under the provisions of the Civil Code governing

contracts, a void or inexistent contract has no force and effect from
the very beginning. And this rule applies to contracts that are
declared void by positive provision of law, as in the case of a sale of
conjugal property without the other spouse’s written consent. A void
contract is equivalent to nothing and is absolutely wanting in civil
effects. It cannot be validated either by ratification or prescription.1

22. Defendant Laureta cannot be assumed to be a

buyer in good faith. She never met Avelina during the negotiation
for the sale of the subject property. This should have cautioned her
to ask defendant Agapito about Avelina's presence in the sale.
Despite not meeting Avelina and knowing her whereabouts, she
proceeded with the consummation of the sale.

23. Plaintiffs are the compulsory heirs of Avelina

whose rights and interests over the subject property were prejudiced
by the sale of the conjugal property without the written consent of
their mother.

24. Therefore, the Deed of Sale dated 19 August 2013 is

void for lack of written consent by plaintiffs' mother. Consequently,
its transfer to defendant Laureta is likewise void.

PRAYER

WHEREFORE, PLAINTIFFS respectfully pray of this

Honorable Court that judgment be rendered in favor of the plaintiff
ordering :

1 Fuentes vs. Roca, G.R. No. 178902, 21 April 2010.

1. NULL and VOID the Deed of Sale dated 19 August 2013;

2. CANCELLING the Transfer Certificate of Title No. 086-

2013002205 registered in the name of defendant Laureta;

3. RECONVEYING the property to the conjugal property of

Spouses Agapito and Avelina Rosales;

4. Defendants, jointly and severally, TO PAY plaintiffs actual

damages in the amount of PESOS ONE HUNDRED
THOUSAND and 00/100 (P100,000.00);

5. Defendants, jointly and severally, TO PAY plaintiffs moral

damages in the amount of PESOS THREE HUNDRED
THOUSAND and 00/100 (P300,000.00).

6. Defendants, jointly and severally, TO PAY plaintiffs

exemplary damages in the amount of PESOS ONE
HUNDRED THOUSAND and 00/100 (P100,000.00).

7. Defendants, jointly and severally, TO PAY plaintiffs

attorney’s fees in such amount as plaintiffs may prove
during the trial of the case.

8. Cost of suit.

Other reliefs, just and equitable are likewise herein prayed for.

Naga City.

_____ 2015.

AIMEE C. ROSALES
15B Pres. Garcia St., Teoville East Subd.,
Brgy. BF, Paranaque, Metro Manila
 Roll of Attorneys No. 52759
IBP No. 0995311/2-2-15/Makati
PTR No. 4786072/2-5-15/Makati City
MCLE Compliance No. IV-0005373/March 29, 2012
Mobile No. 0917.500.2633
Email: acresu1211@yahoo.com

MARION ELOISA E. LEGACION

Roll of Attorneys No. 41548/7 May 1997
IBP OR No. 965872/12-10-14/Cam.Sur
PTR OR No. 770004/1-6-15/Naga City
MCLE Compliance No. V-0005071; 11-24-14
Valid from 15 April 2016 to 14 April 2019