REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th Judicial Region Branch ____
Digos City

MARLOU FORD,
Petitioner, Civil Case No. ________

For: Petition For Recovery

- versus - of Possession, With
Annulment of Tax
Sps. XANDER FORD and Declaration, Annulment of
LOUVETTE PATRIARCA-FORD Deed of Sale, And
and, GIAN SALAS Damages
Respondents.
X------------------------------------------------X

PETITION FOR RECOVERY OF POSESSION, with

ANNULMENT OF TAX DECLARATION,
ANNULMENT OF DEED OF SALE, and DAMAGES

COMES NOW, the Petitioner through the undersigned counsel and

unto this Honorable Court, most respectfully files this Petition by averring -
THAT:

1. Petitioner MARLOU FORD, is of legal age, Filipino, and a resident

of #5 Mamoy St., Brgy. Lamaw, Digos City Davao del Sur. The Petitioner is
capacitated to sue and be sued. All orders and processes concerning the
above entitled case are requested to be served at the address of the
undersigned counsel mentioned bellow;

2. Respondent Spouses XANDER FORD (Respondent Xander for

Brevity) and LOUVETTE PATRIARCA FORD (Respondent Louvette for
brevity), are of legal age, Filipino, married to each other, and are
capacitated to sue and be sued. Summons, orders and other processes of
the Honorable Court may be served at their home address at #24 Mayot
St., Brgy. Pung-god, Digos Ciy, Davao del Sur;

3. Respondent GIAN SALAS (Respondent Gian for brevity), is a

Filipino, of legal age, and a resident of #5 Hashtag St., Zone II, Digos City,
Davao del Sur. He may sue and be sued;
 4. The Petitioner and Respondent Xander, are the heirs (children) of
the late HARISON FORD (Late Harison for brevity), who is the owner of a
parcel of an unregistered lot located in Barangay Igpit, Digos City, Davao
del Sur, covered by Tax Declaration 016-7799, with a total assessed value
of ONE MILLION, FIVE HUNDRED THOUSAND PESOS (Php
1,500,000.00). A copy of Tax Declaration No. 016-7799 is herein attached
as Annex A and the same is made an integral part of this Petition;

5. Sometime on 1995, the Late Harison wanted to get a loan

amounting to Eight Hundred Thousand Pesos (Php 800,000.00) to be
used as capital for a banana growers farm;

6. On August 4, 1995, the Late Harison, together with Petitioner, who

were illiterates, and whose illiteracy was known, approached the
Respondent Spouses and asked for the latters help in facilitating the loan
because Respondent Louvette was, at the time, working at Bank of The
Philippine Islands (BPI Isulan Branch);

7. On August 13, 1995, Respondent Spouses caused the Late

Harison and the Petitioner to sign a document entitled Affidavit of Quitclaim.
Being illiterates, the latter relied on Respondent Leilas explanation that
what they signed were deeds of real estate mortgage covering a loan that
they got from BPI Isulan. Neither Harison nor Petitioner appeared to the
lawyer who notarized the same. A of the Affidavit of Quitclaim signed by
HARISON FORD and MARLOU FORD, are herein attached as Annex B
and the same is made an integral part of this Petition;

8. Respondent Spouses further explained that the Late Harison and

Petitioner should just deliver to the former, the monthly dues for the loan for
convenience sake, and not to worry in case of not having enough money to
pay for a months due because the Respondents will pay PNB to avoid
penalties.

9. The Respondents being the son and daughter in law of the late
Harison, trusted the representation made by them, and went on to pay the
alleged monthly dues in the amount of Fourty Thousand Pesos (Php
40,000.00) more or less, for four years, or from September 1, 1995 to
September 30, 1999, which was recorded in a small brown note book,
signed by either the Late Harison or Petitioner, and either of the
Respondent Spouses who were present at the time each payment was
made. A copy of the payment recorded in the small brown notebook is
herein attached as Annex C-1 to C-54 and the same are made integral
parts of this Petition;

10. On May 10, 2017, a certain GIAN SALAS demanded the Late
Harison and Petitioner to vacate the subject lot, saying that he already
purchased the same by virtue of a Deed of Absolute Sale executed
between him and the Respondent Spouses, who registered a Tax
Declaration No. 051-155 on the said land and which was subsequently
registered as an Original Certificate of Tittle (OCT) No. 123-456-789 in
favor of Respondent Salas. A copy of the Deed of Sale, Tax Declaration No.
051-155 and OCT No. 123-456-789 are herein attached as Annex D E
and F respectively, and the same are made integral parts of this Petition;

11. With the help of armed man, Respondent Marlou forced the Late
Harison and Petitioner to leave the subject lot, and prevented the latter
from entering the subject property which was in open continuous exclusive
possession by the Late Harison and Petitioner for more than thirty years or
seventy years more or less since the Late Harison started living and
farming the said land since he was around ten to twelve years of age;

12. On June 25, 2017, the Late Harison and Petitioner confronted the
Respondent Spouses at their house, to which the latter said that the land
was theirs because the Late Harison and Petitioner surrendered all their
rights to them as evidenced by the Affidavit of Quitclaim which the former
executed back in August 13, 1995;

13. The Late Harison felt betrayed by his own son and daughter-in-
law to lead the 82 years old sickly old man to depression and eventually
lead to his death on August 20, 2017;

14. On September 3, 2017, the Petitioner through the undersigned

counsel sent letters of demand to the Respondent Spouses and
Respondent Marlou to vacate the subject land and surrender to Petitioner
its possession including the illegally procured documents in their
possession, concerning the subject land, within ten (10) days from receipt.
A copy of the Demand Letters sent to Spouses Xander Ford and Gian
Salas are herein attached as Annex G and H respectively, and the same
is made an integral part of this Petition. The demand letters were served on
the same date;

15. On September 30, 2017, Petitioner went to the Katarungan Pang

Barangay of Barangay Pung-god, Digos City, to file a complaint against the
Respondents. Due notice were sent for the scheduled hearing on October
9, 2017. However, all of the respondents did not attend the said hearing
thus a Certificate to File Action was issued in favor of Petitioner. A copy of
the Certificate to File Action dated October 9, 2017, is herein attached as
Annex I and the same is made an integral part of this Petition;

16. By reason of the Respondents fraudulent acts and refusal to

surrender to the Petitioner, the subject property which is rightfully his,
Petitioner was constrained to retain the services of the undersigned
counsel and file this case in order to protect his rights and interests;

WHEREFORE, PREMISES CONSIDERED, it is most respectfully

prayed of this Honorable Court that after due notice and hearing, judgment
be rendered in favor of MARLOU FORD and direct the SPOUSES
XANDER FORD and LOUVETTE PATRIARCA-FORD, GIAN SALAS,:

1. To deliver the subject property to Marlou Ford;

2. To pay Moral and Exemplary Damages amounting to Twenty

Thousand Pesos (Php 20,000.00);

3. To pay Attorneys Fees of Twenty Five Percent (25%) of the value

of the subject property.

4. To pay for the cost of suit.

To likewise order the City Assessors Office and the Registry of

Deeds of Digos City:

1. To annul the Tax Declaration No. 051-155 and reinstate Tax

Declaration 016-7799;

2. To annul the Deed of Absolute Sale between Respondent Spouses

Xader Ford and Gian Salas;

3. To annul OCT No. 123-456-789 issued in favor of Respondent

Gian Salas;

Such other just and equitable reliefs are likewise prayed for.

City of Digos, October 17, 2017.

ATTY. BENJAMIN FAJARDO III
Notary Public Until December 31, 2018
Roll No. 23456
IBP No. 11223/1-3-2017/Davao
PTR No. 111225 /1-3-2017/Davao
Republic of the Philippines}
DAVAO del SUR }
City of Digos }SS.
x -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- x

VERIFICATIONAND CERTIFICATION AGAINST NON-FORUM

SHOPPING

I, MARLOU FORD, Filipino, of legal age, married, and a resident of

#5 Mamoy St., Brgy. Lamaw, Digos City Davao del Sur, after having been
sworn to in accordance with law, do hereby depose and state THAT:

1. I have caused this Petition for Recovery of Possession to be

prepared;

2. I have read and understood its contents which are true and correct
of my own personal knowledge and/or based on true records;

3. I have not commenced any action or proceeding involving the

same issue or subject matter, in the Supreme Court, the Court of Appeals
or any other tribunal or agency;

4. To the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals or any other tribunal or
agency, and that, if I should learn thereafter that a similar action or
proceeding has been filed or is pending before these courts or tribunal or
agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

th
17 day of October, 2017 at City of Digos, Davao del Sur, Philippines.

MARLOU FORD
Affiant
Drivers License No. 423-316-789

SUBSCRIBED AND SWORN TO BEFORE ME, this 17th day of

October, 2017, in the City of Digos, Davao del Sur, affiant is personally
known to me to be the same person executing this Verification and
Certification.
 ATTY. BENJAMIN FAJARDO III
Notary Public Until December 31, 2018
Roll No. 23456
IBP No. 11223/1-3-2017/Davao
PTR No. 111225 /1-3-2017/Davao

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2017.

COPY FURNISHED

REGISTRY of DEEDS Digos City

Digos City Hall Compound,
Davao del Sur.
Date : _______________
RR : ________________

Explanation of service and filing by registered mail:

A copy of this Petition was served and filed by registered mail due to man
power and distance constraints.