Republic of the Philippines

7th Judicial Region

REGIONAL TRIAL COURT
Branch 58, Cebu City
ANACORITA ALIDON,
Plaintiff,

Civil

Case

No.

CEB

36533
-versusDamages,etc.

For:

Quieting

of

Title,

HEIRS OF URSULO V.CANARES,

ET. AL.
Defendants,
HEIRS OF EPIFANIO CANARES, represented
By Arthuro Canares, HEIRS OF ALEJANDRO
CANARES, represented by Rosano Canares,
HEIRS OF FRANCISCO CANARES, representTed by Vergillo Canares,
INTERVENORS.
XX- - - - - - - - - - - - - - - - - - - - - - - - - - - - //

INTERVENTION
COMES NOW, the Intervenors, by counsel and unto this
Honorable Court, most respectfully states:
1. Intervenors, are Filipinos, of legal ages, married and
residents of Tunghaan, Minglanilla, Cebu where they can
be served with summons, orders, resolutions and other
processes of this Honorable Court.
2. Plaintiffs, Anacorita Alidon , American citizen, is also of
legal age, widow and if in Cebu, a resident of St. Peter
Village,

Tunghaan, Minglanilla, Cebu where she can

be

served with summons, orders, resolutions and other

papers and documents or to her counsel as indicated in

the records of the instant suit.
3. Defendants are Heirs of Ursulo Canares, Filipinos, all of
legal ages, married and residents of Tulay, Minglanilla,
Cebu where they can be served with summons and orders,
resolutions and other papers and documents emanating
from the Honorable Court at their address on records.
STATEMENT OF FACTS/CAUSES OF ACTION
4. The Intervenors are heirs of long deceased Ambrosio
Canares

and

Mauricia

Vas

whose

children,

namely,

Francisco, Temoteo, Epifanio, Alejandro and Ursulo, had in

turn bore respective children in the person of the
Intervenors,

herein,

Vergello,

the

son

of

Francisco

Canares; Arthuro, the son of Felixberto Canares, who was

the son of Epifanio Canares and Rosano Canares, the son
of Reymondo Canares who is the son in turn of Alejandro
Canares and Adoracion Canares, who is the daughter of
Rodulfo Canares, who was the other son of Alejandro
Canares. In short, they all came from the same bloodline
and progenitor in the person of the deceased Ambrosio
Canares and Mauricia Vas. A record of their family tree is
attach herewith as Annex A and birth certificates of the
intervenors which traced their lineage from Ambrosio

down to the respective parents, Francisco, Epifanio, and

Alejandro, all surnamed Canares.
5. Thus, Intervenors are co-owners of Lot no. 5838-C and
5838-D

located

acquired

their

in

Tulay,
rights

Minglanilla,
from

Cebu,

their

having

deceased

grandfather/great grandfather Ambrosio Canares.

6. Said particular lot no. 5838-C and 5838-D was sold to the
Renato Alidon, husband of plaintiff herein by an alleged
Deed of Sale from Inocentes Alidon, father of Renato who
likewise acquired it allegedly from Temoteo Canares,
either a brother of the parents or great grandfather of
Intervenors.
7. The foregoing lots originally denominated as Lot no. 5838
were only subdivided by brothers Francisco and Temoteo,
to the detriment of the other blood brothers, Francisco,
Epifanio and Alejandro. The heirs of the other brother,
Ursulo are the defendants of this instant case filed by the
plaintiff.
8. Intervenors are so situated that whatever resolution that
resolves the main complaint will adversely affect them by
way of distribution or disposition since in the first place
they were unduly deprived of their lawful participation and
right of representation through their parents,

in the

estate of Ambrosio Canares, thus have all the legal

interest in the matter under litigation.
9.

The interest of intervenors are of such direct and

immediate character because any unfair distribution or
disposition in the resolution of the Honorable Court will
cause their irreparable loss by the direct legal operation
and effect of the judgment.
DISCUSSION FOR THE ALLOWANCE OF THE INTERVENTION

10. As can be gleaned from the records, only brother

Temoteo and Francisco appropriated the said lands to
themselves for which their respective heirs are the
beneficiaries. They caused the subdivision of the lot into
four parcels, to wit:
Lot no.

Area

Ownership/possession goes to

5838 New A 3,472 sq.m.

Francisco Canares

B (10154)

3,234 sq.m.

Francisco Canares

C (10155)

2,621 sq. m.

Temoteo Canares

D (10156)

6,187 sq.m.

Temoteo Canares

Or a total of

15,784 sq. meters, more or less for which

all the five brothers should have l/5 of the total land area
or to be prcised, 3,156.8 sq. meters, per stirpes.
11.Under dubious sale attended by misrepresentation, fraud
and deception through Temoteo who sold the land to

Inocentes Alidon, the father of the husband of herein

plaintiff, the Intervenors lost their own lawful participation
and share to the land.
12.Since time immemorial, the Intervenors have been in
open, public and exclusive possession of the said property
and have established their rights, possession and ownership
over the disputed properties now in the name of plaintiff,
who, sadly have never been in actual possession or occupied
it, although according to her, one Waltrudes A. Pena oversee
the property for her, while residing abroad.
13. Granting without admitting Temoteo Canares sold

the

land in fee simple and for value, the sale is as good and as
far as his l/5 share is concern, that is for 3,156.8 square
meters,

only

and

not

for

the 8,808

sq.

meters,

as

surreptitiously titled in the name of Inocentes and so on to

Renato Alidon in accordance and consistent with law doctrine
that one can not sell what you do not own.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed
of that the Honorable Court shall consider the Intervention
as the resolution or judgment of the case will certainly
prejudice the rights of the original and rightful heirs and by
way of protecting their rights, it is prayed furthermore that
Intervenors be given the opportunity to show in the instant

suit that they are entitled to their lawful share of the

property in dispute.
Other just and equitable remedies is likewise sought for.
Talisay City (for Cebu City) April 13, 2013.

YGOA LAW AND

ACCOUNTING OFFICE
Counsel for Defendants
Room 201
Deiparine Building,
Bulacao (along
Natl. Highway),
Talisay
City, Cebu
By:
MARGARITO G.
YGOA
IBP No. 900493-Cebu
Prov-12/27/12
PTR No. 1727095-Talisay
City-01/02/13
Roll of
Attorney No. 44810
MCLE Compliance
No. IV-0009226

VERIFICATION AND CERTIFICATION OF FORUM SHOPPING

We, Arthuro Canares, Rosano Canares and Vergello Canares,of legal
ages, Filipinos and residents of Tulay, Minglanilla, Cebu, after having been
sworn according to law, hereby deposes and says:
1. That we are the Intervenors of the instant case.
2. That we have the preparation of the Compliant in Intervention and
that we have read the contents thereof and the same are true and
correct of our own personal knowledge and based on authentic
documents.

3. That except of this intervention, we have not filed any separate

action or proceeding involving the same issues and parties nor is
there any pending before the Court of Appeals, the Supreme Court
or different divisions thereof or any other agency or tribunal and
that to the best of our knowledge, no such action or proceeding is
pending in the aforesaid Court, tribunal or agency or division thereof
and
4. That should we learn thereafter that a similar action or proceeding
has been filed or is pending before the Supreme Court, Court of
Appeals, or different divisions hereof or any other tribunal or
agency, we undertake to promptly inform the said Court and such
other tribunals or agencies of that fact within five (5)days
therefrom.
IN WITNESS WHEREOF, we have hereunto set our hands this
of April, 2013 in Talisay City, Cebu, Philippines.

ARTHURO CANARES

day

ROSANO CANARES

VERGELLO CANARES

SUBSCRIBED AND SWORN

TO before me this
day of
in Talisay City, Cebu, Philippines, by Arthuro Canares, Rosano
Canares and Vergello Canares, with their competent identifications
being
Arthuro Canares
Rosano Canares
Vergello Canares
Personally known to me to be the same persons who personally
signed b efore me the foregoing Verification and Certification of
Non-Forum Shopping and acknowledge that they executed the
same.

Doc. No.
Page No.
Book No.
Series of 2013

Republic of the Philippines

7TH Judicial Region

REGIONAL TRIAL COURT

Branch 58, Cebu City

ANACORITA ALIDON,

Plaintiff,

Civil Case no.CEB

36533
For:

Quieting

of

Title,etc.
- Versus-

HEIRS OF URSULO V. CANARES,

ET.AL.
Defendants,

Heirs of Epifanio Canares rep.by

ARTHURO CANARES, Heirs of AlejanDro Canares, represented by ROSANO
CANARES and Heirs of Francisco
Canares, represented by Vergello
Canares,
INTERVENORS.

LEAVE OF COURT
COMES NOW, the Intervenors, by counsel and unto this
Honorable Court, most respectfully by Leave of this
Honorable Court be allowed to submit the Intervention
(attach herewith) to show or that they be given the
opportunity to show their legal interest of the property in
dispute as they are in a situation that they will be
adversely affected by any distribution or any disposition of
the said properties.
The Intervention, will not unduly delay or prejudice the
adjudication of the rights of the original parties.
WHEREFORE, premises considered, it is respectfully
prayed of this Honorable Court that the Leave be admitted
for all its legal intents and purposes.
Talisay City, Cebu (for Cebu City) April 13, 2013.
YGOA LAW AND
ACCOUNTING OFFICE
Counsel for Defendants

Room 201
Deiparine Building,
Bulacao (along
Natl. Highway),
Talisay
City, Cebu
By:
MARGARITO G.
YGOA
IBP No. 900493-Cebu
Prov-12/27/12
PTR No. 1727095-Talisay
City-01/02/13
Roll of
Attorney No. 44810
MCLE Compliance
No. IV-0009226
Copy furnished:
Atty. Manuel Adlawan
2/F, Larrobis Bldg. Poblacion,
Minglanilla, Cebu
By personal service.
Received by:
Date: