Quezon City: Republic of The Philippines Regional Trial Court Branch 1 7 Judicial Region Bulwagan NG Katarungan
Quezon City: Republic of The Philippines Regional Trial Court Branch 1 7 Judicial Region Bulwagan NG Katarungan
Quezon City: Republic of The Philippines Regional Trial Court Branch 1 7 Judicial Region Bulwagan NG Katarungan
PAREDES REALTY
CORPORATION
-also known as PRC (Seller)
Defendant
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COMPLAINT
7. On April 1, 2013, plaintiff was able to pay 5 the full price for all of
these properties and executed with the defendant the Deed of Absolute
Sale6. Come 2016, all properties were transferred to the plaintiff’s
name except for the two lots (A & B).
1
Annex A: Copy of Agreement
2
Annex D: Official receipt of payment dtd Mar. 2, 2011
3
Annex B: Copy of the Certificate of Title (TCT) No. T-1234-A
4
Annex C: Copy of the Certificate of Title (TCT) No. T-4321-B
5
Annex E: Official receipt of payment dtd Apr. 1, 2013
6
Annex I: Deed of Absolute Sale dtd Apr. 1, 2013
8. On September 30, 2016, plaintiff went to PRC to verify the status of
these two lots. The defendant assured the plaintiff that these lots be
transferred to his name in no time.
9. In order to continue his career as an actor in the U.S., plaintiff left the
Philippines. Throughout the years of staying abroad, plaintiff
regularly emailed7 several representatives of the defendants for the
status of the lots to be transferred under his name. Due to COVID-19,
he was constrained to fly back to the Philippines sometime in 2020.
10.On March 2, 2020, plaintiff called the agent of the status of the two
other lots he bought from PRC but the later replied that there is a legal
problem involving the two lots but rest assured that it will be taken
care of.
11.A week of repeated inquiry for the status of the title passed but to no
avail, plaintiff decided to go to the Registry of Deeds of Cavite to
check the titles of these subject properties. He found out that Lots A &
B were levied by the government of Cavite due to non-payment of
taxes last December of 2014 and was subsequently sold to Ace
Cadellino thru auction sale8 last November of 2015.
12.On April 15, 2020, plaintiff sent a letter9 to the defendant demanding
the return of the amount P2,000,000 paid by him for the two lots but
the latter ignored the same.
13.On May 3, 2020, the plaintiff reiterated said demand in another letter 10.
However, the same was unheeded.
7
Annex F: Emails dtd Mar. 3, 2017, Dec. 10, 2018, Feb. 2, 2019, and Dec. 3, 2019.
8
Annex H: Copy of the Title with Encumbrance
9
Annex G: Demand Letter dtd Apr. 15, 2020
10
Annex J: Demand letter dtd May 3, 2020
14.Without any legal justification, defendant continuously refuses to
return said amount despite repeated oral and written demands. A final
demand11 was sent and received personally by Mrs. B, the liaison
officer of the defendant on June 1, 2020.
17.Plaintiff also suffered moral damages for the serious anxiety, mental
anguish and sleepless night at having parted with his hard-earned
money for a promise that remains unfulfilled up to the present.
PRAYER
11
Annex K: Demand letter dtd Jun 1, 2020
1. The Agreement and Deed of Absolute Sale be rescinded.
Plaintiffs likewise pray for such other reliefs as are just and
equitable under the premises.
SO PRAYED.
Quezon City.
March 9, 2021
sgd. sgd.
xx xx
Counsel for the Plaintiff Counsel for the Plaintiff
134 Amorsolo Street, 134 Amorsolo Street,
Legazpi Village, Makati, Legazpi Village, Makati,
Kalakhang Maynila Kalakhang Maynila
Office Tel. Nos. 987-6543 Office Tel. Nos. 987-6543
Roll of Attorneys No. 1234567 Roll of Attorneys No. 67891001
PTR No. 1234567 - Manila PTR No. 3489922 - Manila
IBP Lifetime Membership No. IBP Lifetime Membership No.
1234567 - Manila 9876543 - Manila
MCLE Exemption No. V-1234567, MCLE Exemption No. V-876543,
issued on 12/3/2019 issued on 12/3/2019
3. That I have read and understood the contents therein and that they are
true and correct out of my own personal knowledge;
4. That I personally know that the instant case had not been filed before
any judicial or administrative forum; nor is there any pending case for
the same cause of action involving the same parties; that in the event
that there is such before any judicial body or agency; I bind myself to
notify the court within a period of five (5) days from such knowledge.
sgd.
MR. KYLE CENTENO
Affiant
LTO Driver’s License No. 123456
Issued on November 6, 2014
At Quezon City