Republic of the Philippines
MUNICIPAL TRIAL COURT
Branch XXVI
City of Manila
MARY GRACE ARMAMENTO,
Plaintiff,
Civil Case No. _____
-versus- For: Ejectment Suit
JOSE and MARY
ARMAMENTO, SPOUSES KARL
and RUTH ARMAMENTO, RICA
ARMAMENTO-BENTLY,
MARK C. ARMAMENTO,
ROMEO C. ARMAMENTO,
Defendant.
x- - - - - - - - - - - - - - - - - - - - x
COMPLAINT
PLAINTIFF, by counsel, and unto this Honorable Court, most
respectfully allege that:
1. Plaintiff is of legal age, Filipino, with residence and postal address at 1456
Peñafrancia Street, Paco Manila where she may be served notices and other
court processes;
2. Defendants are of legal age, Filipino, with residence and postal address
at 2543 Paz Street, Paco Manila, where they may be served summons and
other court processes;
3. Plaintiff is the absolute owner of a parcel of land located at 1456 Peñafrancia
Street corner San Antonio Street Paco Manila evidenced by TCT No. L-
02142021 which is attached hereto as Annex A;
4. Sometime in 1990, Plaintiff bought the subject property from XYZ Inc., as
evidenced by a Deed of Sale attached hereto as Annex B. A photo of the
subject property is attached hereto as Annex C;
5. Upon purchase of the Plaintiff, the Defendants were already residing in the
subject property. However, it can be said that the Defendants were aware of
the fact of ownership of the Plaintiff because they even signed a Waiver of
Rights, hereto attached as Annex D, renouncing all their claims and interests
in the subject property in favor of the Plaintiff;
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6. In the meantime, Plaintiff left for London to work, and returned to the
Philippines in 2020 with the intention of occupying the subject property for
her own exclusive use;
7. Several demands to vacate were consistently made by the Plaintiff to the
Defendants, both oral and written in form, the demand letter hereto attached
as Annex E, but Defendants refused to vacate the said property nor return its
possession to the Plaintiff;
8. This would make the Defendants appear to be unlawfully withholding
possession of the subject property from the Plaintiff, to the damage and
prejudice of the same;
9. Before the filing of this Complaint, the dispute has been referred to the Lupong
Tagamayapa of Paco Manila but the parties failed to arrive at an amicable
settlement, as evidenced by the Certificate to File Action hereto attached as
Annex F.
Mary Grace Armamento
Complainant/Affiant
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of
this Honorable Court that after due notice and hearing, judgment be rendered
in favor of the Plaintiff:
1. For the restitution of the abovementioned property;
2. To pay the costs of this suit.
3. Other reliefs just and equitable under the premises are likewise prayed for.
City of Manila, March 4, 2021.
2
By:
Atty. Kathlene DG. Noveno
981-A Legis Bldg., Makati Avenue,
Makati City
09637761298
[email protected] Roll No. 67789
IBP No. 005279
PTR No.:0890465
MCLE VI 9000452 valid until 08-25-2022
SUBSCRIBED AND SWORN to before me, this 8th day of June, 2020, in
the City of Manila, affiant exhibiting to me, as follows:
Name: Competent Evidence Date/Place Issued
of Identity (Passport
No.)
Mary Grace Armamento HJ0846329 10 August,
2018/Manila
Known to me and to me known to be the same persons who executed
the foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and place first above
written.
Atty. Junn Dela Cruz
Notary Public
3
Until December 31, 2025
Appointment No. 20 (2020-2021)
PTR No. MKT 8116089/01-20-2020/Manila
IBP No.: 005279
Roll No.: 67789
MCLE VI 0028635 valid until 04-14-2022
[email protected]
09875653510
No. 6, Gunting Street, Brgy. San Roque, Manila
Doc. No. 2063
Page No. 11
Book No. 56
Series of 2020
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ANNEX A
5
ANNEX B
DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This DEED OF ABSOLUTE SALE is made, executed and entered into by:
XYZ Inc., a corporation duly organized and existing under law of the
Philippines, with office address at 143 Mapayapa Street, Pasong Tamo 2,
Malate Manila with SEC Registration Number CS201518472, hereinafter
referred to as the SELLER.
-AND-
Mary Grace Armamento, Filipino and with residence and postal address 1452
Penafrancia Street corner San Antonio Street, Paco Manila,
hereinafter referred to as the BUYER.
WITNESSETH;
WHEREAS, the SELLER is the registered owner of a parcel of land
with improvements located at 1456 Penafrancia Street corner San Antonio
Street, Paco Manila and covered by Transfer Certificate of Title No.
14021202 containing a total area of FIVE HUNDRED (500) SQUARE
METERS, more or less, and more particularly described as follows:
TRANSFER CERTIFICATE OF TITLE NO. TCT 14021202
"A PARCEL OF LAND (Lot 1452 of consolidation subdivision plan
(LRC) Pcs-13265, being a portion of the consolidation of Lots 4751-A and
4751-B (LRC) Psd-50533, Lot 3, Psd-100703, Lot 1, Psd150980, LRC Rec.
Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466, and 21071 situated in
the Bo. of San Donisio, Paco Manila, Is. of Luzon. Bounded on NE., point 4
to 1 by Road Lot 3569, on to the point of beginning; containing an area of
(500) square meters more or less..."
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WHEREAS, the BUYER has offered to buy and the SELLER has
agreed to sell the above mentioned property for the amount of FIVE
MILLION (P 5,000,000.00) Philippine Currency;
NOW THEREFORE, for and in consideration of the sum of FIVE
MILLION (P 5,000,000.00) Philippine Currency, hand paid by the vendee
to the vendor, the SELLER DO HEREBY SELL, TRANSFER, and
CONVEY by way of Absolute Sale unto the said BUYER, his heirs and
assigns, the certain parcel of land together with all the improvements found
thereon, free from all liens and encumbrances of whatever nature including
real estate taxes as of the date of this sale.
Don Castro
XYZ Inc. President Mary Grace Armamento
Seller Buyer
SIGNED IN THE PRESENCE OF:
Jose Protacio Reyes Veronica Esteban
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
_____________________________ ) SS.
BEFORE ME, a Notary Public for and in the City of Manila, personally
appeared:
Name CTC Number Date/Place Issued
XYZ Inc. 10000000 Jan 15, 1980 /
Manila
Mary Grace Armamento 10000000 Jan 9, 1998 /
Manila
Known to me and to me known to be the same persons who executed
the foregoing instrument and acknowledged to me that the same are their free
act and voluntary deed.
This instrument, consisting of 3 pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and
every page thereof by the concerned parties and their witnesses, and sealed
with my notarial seal.
WITNESS MY HAND AND SEAL on this 10th of day of February 1990 at
City of Manila.
Atty. Junn Dela Cruz
Notary Public
Until December 31, 2025
Appointment No. 20 (2020-2021)
PTR No.:MKT 8116089/01-20-2020/Manila
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IBP No.: 005279
Roll No.: 67789
MCLE VI 0028635 valid until 04-14-2022
[email protected]
09875653510
No. 6, Gunting Street, Brgy. San Roque, Manila
Doc. No. 1456
Page No. 912
Book No. 12
Series of 2021
9
ANNEX C
1456 Penafrancia Street corner San Antonio Street, Paco
Manila (subject property of this complaint)
10
ANNEX D
REPUBLIC OF THE PHILIPPINES )
___________________________ ) S.S.
AFFIDAVIT OF WAIVER
We, the undersigned, of legal age, Filipino, with address at 1456
Penafrancia Street corner San Antonio Street, Paco Manila, after having been
duly sworn to in accordance with, hereby depose and say:
1. That we are fully aware of the fact of ownership of Mary Grace
Armemento over the subject property containing an area of FIVE
HUNDRED (500) square meters;
2. That we are waiving any interest and participation over the same in
favor of Mary Grace Armamento, likewise of legal age, Filipino, and
single.
15 March, 1990. City of Manila.
IN WITNESS WHEREOF, we have hereunto set our hand this 15th day
of March 1990 at the City of Manila, Philippines.
Karl Armamento Rica Armamento-Bently
Affiant Affiant
Mark C. Armamento Romeo C. Armamento
Affiant Affiant
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SIGNED IN THE PRESENCE OF:
Arnulfo Guevarra Maria Auria Orocia
SUBSCRIBED AND SWORN to before me, this 15th day of March, 1990,
in the City of Manila, affiants exhibiting to me, as follows:
Name: Competent Evidence Date/Place Issued
of Identity (Passport
No.)
Karl Armamento EB6684441 1 January
1989/Manila
Rica Armamento-Bentley CD7833751 1 January
1989/Manila
Mark C. Armamento JJ46389104 1 January
1989/Manila
Romeo C. Armamento LP8374897 1 January
1989/Manila
Known to me and to me known to be the same persons who executed
the foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and place first above
written.
Atty. Junn Dela Cruz
Notary Public
Until December 31, 2025
Appointment No. 20 (2020-2021)
12
PTR No. MKT 8116089/01-20-2020/Manila
IBP No.: 005279
Roll No.: 67789
MCLE VI 0028635 valid until 04-14-2022
[email protected]
09875653510
No. 6, Gunting Street, Brgy. San Roque, Manila
Doc. No. 1467
Page No. 952
Book No. 54
Series of 2021
13
ANNEX E
February 25, 2021
Karl Armamento,
Rica Armamento-Bently,
Mark C. Armamento
Romeo C. Armamento
1456 Penafrancia Street corner San Antonio Street,
Paco Manila
Re: Demand to Vacate
Dear Karl Armamento et al.,
I am writing in behalf of my client, Mary Grace Armamento,
who has a pending concern with you.
According to the facts revealed by my client, she is the lawful
owner of the titled parcel of land with a house built therein located
at 1456 Penafrancia Street corner San Antonio Street, Paco Manila
evidenced by TCT No. L-02142021, the subject property which you
all are presently occupying.
My client has been pleading you to vacate her property since
she now has the intention of occupying the same. It has to be
remembered that despite countless oral demands, all of you refused
to do so.
In view of the foregoing circumstances, I make this DEMAND
upon you to vacate the said premises within FIVE (5) DAYS from
notice hereof. If you fail to heed this demand, I shall be constrained
to institute appropriate CRIMINAL and CIVIL actions against you
to protect my client’s interest.
We trust that you will give this matter your preferential
attention.
14
Very truly yours,
Atty. Kathlene DG. Noveno
981-A Legis Bldg., Makati Avenue,
Makati City
09637761298
[email protected] Roll No. 67789
IBP No. 005279
PTR No.:0890465
VI 0028635 valid until 03-10-2022
15
ANNEX F
Republic of the Philippines
City of Manila
Barangay San Juan
OFFICE OF THE LUPONG TAGAPAMAYAPA
MARY GRACE ARMAMENTO
Complainant,
-against- Barangay Case No. 5767
For: Ejectment Suit
JOSE and MARY
ARMAMENTO, SPOUSES KARL
and RUTH ARMAMENTO, RICA
ARMAMENTO-BENTLY,
MARK C. ARMAMENTO,
ROMEO C. ARMAMENTO,
Defendants.
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CERTIFICATE TO FILE ACTION
This is to certify that:
Complainant Mary Grace Armamento and the Respondents Jose and
Mary Armamento et al., failed to or reused to:
______ Obey summons or to appear for hearing
___X__ Reach settlement/conciliation
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______ Settle what has been repudiated
And therefore, the corresponding complaint between the parties may
now be filed in the court/government office concerned.
This 1st day of March, 2021.
Arturo Velasco
Sr.
Pangkat
Secretary
Attested by:
Richard Agustin Wyett Lee
Pangkat Chairperson Pangkat
Member
Isabel Santos
Pangkat Member
17
Noted by:
Maria Theresa Dimagiba
Punong Barangay/Lupon Chairperson
18
Republic of the Philippines
MUNICIPAL TRIAL COURT
Branch XXVI
City of Manila
MARY GRACE ARMAMENTO,
Plaintiff,
Civil Case No. _____
-versus- For: Ejectment Suit
JOSE and MARY
ARMAMENTO, SPOUSES KARL
and RUTH ARMAMENTO, RICA
ARMAMENTO-BENTLY,
MARK C. ARMAMENTO,
ROMEO C. ARMAMENTO,
Defendant.
x- - - - - - - - - - - - - - - - - - - - x
NOTICE OF APPEAL
Plaintiff through undersigned counsel, unto this Honorable Court, most
respectfully gives notice that she is appealing the Decision of the Honorable
Court dated 28 February 2021 and order dated 03 March 2021 dismissing the
complaint for ejectment.
The order dated 03 March 2021 was received by the undersigned last 05
March 2021, Plaintiff has until 18 March 2021 to file an appeal. This Notice
of Appeal dated 08 March 2021 was filed on 09 March 2021, thus the same
was filed within the reglementary period of 15 days.
Wherefore, premises considered, it is most respectfully prayed that the
Honorable Court take notice of the instant appeal to the Decision dated 03
March 2021 and the order dated 03 March 2021 dismissing the complaint for
ejectment and forward the records of the above captioned case to the Regional
Trial Court for proper proceedings.
Respectfully submitted.
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08 March 2021, Paco, Manila, Philippines
Atty. Kathlene DG. Noveno
Counsel for the Plaintiff
981-A Legis Bldg., Makati Avenue,
Makati City
09637761298
[email protected] Roll No. 67789
IBP No. 005279
PTR No.:0890465
MCLE VI 9000452 valid until 08-25-2022
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