REPUBLIC OF THE PHIIPPINES

REGIONAL TRIAL COURT

BRANCH 5
Second Judicial Region
Tuguegarao City, Cagayan

ANGELA KALIWETE MARCOS,

Plaintiff,

CIVIL CASE NO. 378 – L

-versus- For: Annulment of Deed of

Donation

JUAN KALIWETE,
Defendant
Third Party Plaintiff

-versus-

ERNESTO C. TAN,
Third Party Defendant

x------------------------------------x

THIRD PARTY COMPLAINT

COMES NOW the third party defendant, by the undersigned counsel,

and with leave of Court, files this third party complaint against JUAN
KALIWETE, hereinafter called the defendant, and respectfully alleges that:

1. That the plaintiffs are of legal age, married to each other, Filipinos and
resident of Centro 01, Lasam, Cagayan.

2. That defendant is engaged in the banking business pursuant to its

charter, and with the main office address at 6F PNB Financial Center,
Diosdado Macapagal Avenue, Roxas Blvd., Pasay City where it may
be served with summons and other processes of the court, thru its
President, General Manager, Corporate Secretary or Treasurer;
3. That plaintiffs are the owners of a parcel of land which is more
particularly described as follows:

“A parcel of land (Lot A-8 of the Subd. Plan

(LRC) Psd-15118, being a portion of Lot A,
Psd-20282, situated in ZinundunganLasam,
Cagayan. Bounded on the NE., SE., and
SW., points 2-4 and 4-1 by Lot A-1 and on
the NW., point 1-2 by Lot A-7 both of the
subd. Plan; containing an area of FIVE
HUNDRED SEVENTY SEVEN (577)
square meters, more or less and covered by
TCT No. T-87870 (S) of the Registry of
Deeds of Cagayan.”

4. That on September 23, 1996, the plaintiffs obtained a loan from

defendant in the amount of Php. 400,000.00 and, as security for the
payment thereof, plaintiffs mortgaged the above described property7
to defendant, per copy of the Real Estate Mortgage hereto attached as
Annex “A”;

5. That plaintiffs failed, to pay their loan obligations to defendant and the
latter Extra Judicially foreclosed the mortgaged property on February
20, 2001 at Ballesteros, Cagayan where the highest bidder is
defendant and, on February 23, 2001 the Court sheriff who conducted
the sale in public executed a certificate of sale in favor of defendant, a
copy of the certificate is hereto attached as Annex “B”;

6. That thereafter, the said title of the plaintiffs was cancelled and a new
title denominated, TCT No. T-130015, was issued by the Register of
Deeds of Cagayan to Defendant on April 9, 2002 which covers said
property, a copy of the title is hereto attached as Annex “C”;

7. That the plaintiffs remain in possession of, the property of to the

present;

8. That pertaining to the extrajudicial foreclosure of sale of the property

Plaintiffs never received from the Court sheriff any notice of foreclosure
sale before the conduct thereof on February 20, 2009;

9. That no notice also of said foreclosure sale was posted by the sheriff
on the house of plaintiffs which is existing and erected on the said
 property, neither was a notice posted at the Municipal building of
Lasam where the property is situated;

10. That the foreclosure sale was held in Ballesteros Cagayan which
is not the capital of the province of Cagayan, thus violating paragraph
P of the Real Estate Mortgage which stipulates that the venue of the
foreclosure sale shall be held at the capital of the province, or in the
city where the property is within the territorial jurisdiction of said city.
Ballesteros is not a city and Lasam, where the property is situated, is
not within the territorial jurisdiction of Ballesteros;

11. That the failure to comply with the jurisdictional requirements of

the extrajudicial foreclosure of the mortgaged property as mandated
by law had reduced the entire foreclosure proceeding to a patent nullity
due to lack of jurisdiction. Ergo, as if, there was no extrajudicial
foreclosure sale of the property;

12. That as consequence, the Sheriff’s Certificate of Sale of said

property is null and void;

13. That the new title issued to Defendant which is TCT No. T-
130015 pursuant to said null and void certificate of sale, is also null
and void and therefore, the sale must be cancelled as there was no
valid transfer of ownership of the property from the plaintiffs to the
defendant;

14. That the defendant fully knowing then proceedings attendant to

the extrajudicial foreclosure sale of the property is null and void,
executed at affidavit of consolidation of ownership in its favor over said
property in bad faith; a copy of the affidavit is hereto attached as Annex
“D”;

15. That there is a judicial need to reinstate the title of the herein
plaintiffs; a copy of TCT No. T-87870 (S) is hereto attached as Annex
“E”;

16. That Plaintiffs only came to know the said proceedings of the
extrajudicial foreclosure sale only last November, 2011 when they
learned that defendant is selling said property;

17. That for the protection of their rights and interests, Plaintiffs were
constrained to engage the services of counsel for the filing of the
 instant case for which they agreed to pay attorney’s fees in the amount
of Php. 50, 000.00 plus Php. 3, 00.00 for hearing attended;

18. That Plaintiffs will incur litigation expenses for not less than Php.
15, 000.00;

19. That the assessed value of the property in question is Php. 14,
420.00 per copy of Tax Declaration No. 05-1700r-00369 hereto
attached as Annex “F”.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court, that

after due hearing it, render judgment:

1. Declaring the sheriff’s Certificate of Sale null and void ab initio;

2. Ordering the cancellation of TCT No. T-130015 in the name of

defendant;

3. Reinstating TCT No. T-87870 (s) in the name of plaintiffs;

4. Ordering defendant to pay plaintiffs attorney’s fees in the amount of

Php. 50, 000.00 plus Php. 3, 000.00 per hearing attended by counsel;
and litigation expenses not lower than 15, 000.00. And

5. Ordering the defendant to pay the costs of suit. Per Plaintiffs further
pray for other reliefs just and equitable in the premises.

Tuguegarao City for Allacapn, Cagayan, October 25, 2013

RAMIRCHRIS U. BACUYAG
Counsel for Plaintiffs
Ugac Sur
Tuguegarao City
IBP O.R. No. 856438
Issued on January 21, 2013
Cagayan Chapter
PTR No. 4476020
Issued on March 7, 2013
At Tuguegarao City
Atty’s Roll No. 30438
MCLE Compliance No. III-0013137
Issued on April 20, 20112
(Note: Counsel attended the MCLE
with Compliance sponsored by
the IBP Cagayan Chapter on
December 4, 2012 at Tuguegarao
City per O.R. No. 0696
dated December 4, 2012)