REPUBLIC OF THE PHILIPPINES

IN THE REGIONAL TRIAL COURT OF BAGUIO CITY

BRANCH

JOSE RIZAL,
Plaintiff, CIVIL CASE

versus FOR QUIETING OF TITLE

ANDRES BONIFACIO,
Defendant.

COMPLAINT

PLAINTIFF, through the undersigned counsels and unto this Court,

states that:

1. The Plaintiff is of legal age, a Filipino citizen, and a resident of

1 Gulf View, Suello Road, Baguio City. The Defendant is of legal age, a
Filipino citizen, a resident of 2 Gulf View, Suello Road, Baguio City, and he
may be served with the processes by this Court in his said residence;

2. On May 31, 1991, a parcel of land was registered in the name

of the Plaintiff as its owner in compliance with the provisions of the
Property Registration Decree. This is supported by TRANSFER
CERTIFICATE OF TITLE with No. T-40742, a copy of which is attached in
this Complaint as ANNEX A;

3. A tax declaration over the same land was issued in the name
of the Defendant as its owner in compliance with the law. This is supported
by TAX DECLARATION OF REAL PROPERTY with No. 01-05008-104778,
a copy of which is attached in this Complaint as ANNEX B;

4. A question arises on who bears the title of the subject land

due to the issuance of the said tax declaration;

5. Article 476 of the Civil Code of the Philippines provides that:

Whenever there is a cloud on title to real
property or any interest therein, by reason of any
instrument, record, claim, encumbrance or proceeding
which is apparently valid or effective but is in truth and
in fact invalid, ineffective, voidable, or unenforceable,
and may be prejudicial to said title, an action may be
brought to remove such cloud or to quiet the title.

An action may also be brought to prevent a

cloud from being cast upon title to real property or any
interest therein.
 6. By virtue of the cited provision, the Plaintiff seeks action to
remove the cloud on the subject land in his name, and to quiet the same,
by reason of the issuance of the tax declaration in the name of the
Defendant.

WHEREFORE, Plaintiff prays that this Court issue a decree

ordering the annulment of the TAX DECLARATION OF REAL PROPERTY
with No. 01-05008-104778 issued in the name of the Defendant.

Plaintiff likewise prays for such other reliefs as may be deemed just
and equitable.

April 3, 2017, at Baguio City, Philippines.

THE LAW OFFICE OF

BALAJADIA, CALSIYAO, CAGAN,
CLAVER, FLORES, & LAPNAWAN
1 G/F Laperal Building, Session Road, Baguio City
Mobile: +639299565598

CELINNA THERESE BALAJADIA AYANGWA FRANCIS CLAVER

Roll of Attorneys No. 420420
P.T.R. No. 0799275, January 10,
2017; Baguio City
I.B.P. Lifetime Member No. 878943
M.C.L.E. Compliance No.
V-0002461
Roll of Attorneys No. 43004
P.T.R. No. 2955577; January 1,
2017; Baguio City
I.B.P. Lifetime Member No. 04371
M.C.L.E. Compliance No.
V-0008676

WALTER CALSIYAO RICHARD FRANCIS FLORES

Roll of Attorneys No.
P.T.R. No. 294757; January 1,
2017; Baguio City
I.B.P. Lifetime Member No. 76290
M.C.L.E. Compliance No.
V-0002845
Roll of Attorneys No. 84628
P.T.R. No. 293848; January 1,
2017; Baguio City
I.B.P. Lifetime Member No. 26492
M.C.L.E. Compliance No.
V-0005673

JENALYN CAGAN MELFORD LAPNAWAN

Roll of Attorneys No. 87392
P.T.R. No. 183949; January 1,
2017; Baguio City
I.B.P. Lifetime Member No. 47194
M.C.L.E. Compliance No.
V-0002854
Roll of Attorneys No. 36492
P.T.R. No. 572919; January 1,
2017; Baguio City
I.B.P. Lifetime Member No. 16384
M.C.L.E. Compliance No.
V-0003722
 VERIFICATION AND
CERTIFICATION AGAINST FORUM SHOPPING

I, JOSE RIZAL, of legal age, a Filipino citizen, and a resident of 1

Gulf View, Suello Road, Baguio City, say that:

I have read the pleading;

Based on authentic documents in my possession, all allegations in

the pleading are true and correct, and there is good ground to support
them;

The pleading is not being presented for any improper purpose such
as to harass, cause unnecessary delay, or needlessly increase the cost of
litigation;

The factual contentions have evidentiary support or, if specifically so

identified, will likewise have evidentiary support after a reasonable
opportunity for further investigation or discovery; and

The filing of this pleading does not amount to forum shopping.

JOSE RIZAL

I certify that JOSE RIZAL, whom I personally know, appeared in

person before me and presented this instrument, signed it in my presence
and avowed under penalty of law to the whole truth of the contents of it.

April 3, 2017, at Baguio City, Philippines.

AYANGWA FRANCIS MACLIING CLAVER

Notarial Appointment No. 26-NC-17-R
Notary Public for Baguio City Until December 31, 2018
1 G/F Laperal Building, Session Road, Baguio City
Roll of Attorneys No. 43004
P.T.R. No. 2955577; January 1, 2017; Baguio City
I.B.P. Lifetime Member No. 04371

Notarial Register No. 108; Page 18; Book I; Series of 2017.

A copy of this pleading is provided to:

Andres Bonifacio
2 Gulf View, Suello Road
Baguio City