REPUBLIC OF THE PHILIPPINES
THIRD JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH ____
Tarlac City
OLIVER C. ANICETE and
MARY GRACE ANICETE
MANDAC, herein represented
by their Atty-in-fact FELIPA A.
CALANNO
Plaintiffs,
-versus
Civil Case No.
FOR
A) Revocation of Implied Trust;
and
B) Judicial Settlement of Estate
Ma. CECILIA B. ANICETE
Defendants.
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COMPLAINT
PLAINTIFFS, by counsel and before the Honorable Court, most
respectfully state that:
1. Plaintiff Oliver Anicete, single, and Plaintiff Mary Grace Anicete,
Married, are siblings, both of legal ages, Filipinos, and with postal
address at Block 88, Lot 88, Phase II, Tuscany North Estate, Brgy.
Burot, Tarlac City;
2. Defendant is of legal age, Filipino, and with postal address at Brgy.
San Miguel, Tarlac City, where she may be served with summons and
other processes of the Honorable Court;
FACTS COMMON TO ALL CAUSES OF ACTION
3. Plaintiffs are the heirs of Rosano D. Anicete (hereinafter referred to as
Rosano), who died on December 21, 2012. Attached herewith as
Annex A and B are photocopies of Plaintiffs birth certificates
while the photocopy of the death certificate of Rosano D. Anicete is
herewith attached as Annex C;
4. Before his death, Rosano was married twice. On __________, he
married FELIPA A. CALANO, the Atty-in-fact and mother of the
Plaintiffs. Attached herewith is the marriage Certificate of Rosano and
Felipa A. Calanno as Annex __;
5. However, Rosanos marriage with Felipa A. Calanno was declared a
nullity on February 15, 2006 by virtue of a Court Order, attached
herewith as Annex ___, enabling him to marry the Defendant on
______________. A copy of their Marriage Certificate herewith
attached as Annex ___;
6. During the marriage of Rosano and the Defendant, Plaintiff Oliver
Anicete gave Rosano the amount of ____________ with which he
purchased a parcel of land described as follows:
TCT No.422983
A parcel of land (Lot 74-H-2-E of the subd. Plan Psd-03125892 being a portion of Lot 74-
(hereinafter referred to as the Lot)
7. Without opposition from the Plaintiff, Rosano had the same registered
under the name of the Defendant, who at that time had no means to
purchase for her own said parcel of land;
8. The Lot being bare, Plaintiff Oliver Anicete asked permission from
Rosano to build a house therein in order that Rosano may have a
house to retire at;
9. Thus, Plaintiff Oliver Anicete secured a PhP ___________ loan from
____________, while mortgaging the house at the same time in the
amount of ___________, in order to finance the construction of the
house. Attached herewith is the loan and mortgage agreement between
Plaintiff Oliver Anicete and ______________ as Annex ___. As
further proof, also attached herewith are the receipts of the
amortization payments made by Plaintiff Oliver to ___________ as
Annexes ___ to ___;
[Link] was an implied agreement on the part of Plaintiff Oliver Anicete and
Rosano that the house shall still pertain to Plaintiff Oliver Anicete and
that Rosano and the Defendant are only using the same during the
lifetime of Rosano;
[Link], for convenience, the lot and house are both declared in the name
of the Defendant in the tax declaration although the taxes of the same
are all paid by Plaintiff Oliver Anicete. Attached herewith are tax
declaration receipts over said lot and house with Plaintiff Oliver
Anicete as payor as Annexes ___;
[Link] arose when after the death of Rosano the Defendant, instead of
honoring the ownership of the House by Plaintiff Oliver Anicete,
claimed full ownership not only of the Lot but also of the House held
the same for sale. Thus, Plaintiff Oliver Anicete had caused the
annotation of an Adverse Claim on said parcel of land in order to
notify future buyers of his interest on said house and lot;
FIRST CAUSE OF ACTION:
REVOCATION OF IMPLIED TRUST
[Link] Oliver, being the person to funded the construction of the
house with the consent of the Defendant, is hereby prayed to be
declared the owner in full of the House;
[Link], considering that the House is constructed in a parcel of land
which is owned partially by the Defendant and partially by the Estate
of Rosano, it is hereby prayed that rules on accession under the civil
code be applied to their property relations, to wit:
SECOND CAUSE OF ACTION:
JUDICIAL SETTLEMENT OF ESTATE OF ROSANO D. ANICETE
[Link] Plaintiffs, as heirs of Rosano, desire for the judicial settlement of
his estate, which consists only of the Lot;
[Link] purposes of intestate succession, only the Plaintiffs and the
Defendant are heirs of Rosano;
[Link], it is hereby prayed that the Lot owned by Rosano and the
Defendant be considered their conjugal property and be divided in two
portions, one pertaining solely to the Defendant and the other to
Rosano;
[Link] under the law are therefore entitled to inherit fifty percent
(50%) of the share of Rosano in the conjugal property;
THIRD CAUSE OF ACTION
Issuance of a Temporary Restraining Order
[Link] the motive of the Defendant to appropriate the House and
Lot for herself by selling the same to third persons, it is hereby prayed
for that a Temporary Restraining Order and, subsequently, a
Preliminary Injunction be ordered prohibiting the Defendant from
alienating, encumbering, mortgaging, or in conveying in any other
means the House and Lot;
PRAYER
With accounting and attachment
