Summons by Publication; PAUL CASTILLO, ROSE ANN F. CASTILLO, TARA CASTILLO ANGELES and ALBIN CASTILLO, versus SPS. RUTH AMOS SALES AND ERIC TOMAS SALES, SPS. PATRICIO AMOS AND SOCORRO AMOS, ANTONIO AMOS, THE REGISTRY OF DEEDS FOR BENGUET, and THE ASSESSOR’S OFFICE OF LA TRINIDAD, BENGUET

 
Republic of the Philippines
MUNICIPAL TRIAL COURT OF LA TRINIDAD
FIRST JUDICIAL REGION
Benguet Province
Tel. No. (074) 422-2603/ Mobile Nos. 0929-397-7945(Smart); 09458235135 (Globe)
Email address: mtc2ltr000@judiciary.gov.ph
 
 
 
PAUL CASTILLO, ROSE                                              CIVIL CASE NO. R- 1521
ANN F. CASTILLO, TARA
CASTILLO ANGELES and                                             For: QUIETING OF TITLE
ALBIN CASTILLO, 
                              Plaintiffs,                            
 
            -versus-                                                                                   
 
SPS. RUTH AMOS SALES
AND ERIC TOMAS SALES,
SPS. PATRICIO AMOS AND
SOCORRO AMOS, ANTONIO
AMOS, THE REGISTRY OF
DEEDS FOR BENGUET, and
THE ASSESSOR’S OFFICE
OF LA TRINIDAD, BENGUET,
                                Defendants                                                                                   
x-------------------------------------x                                                                                                                                                                
 
SUMMONS BY PUBLICATION
            WHEREAS,  on July 26, 2022,  plaintiffs, through counsel, filed a verified  Complaint, quoted in part, as follows:
 
“xxx
 
            THE PARTIES
1.     Plaintiffs Rose Ann F. Castillo, single; Alvin F. Castillo, single; Tara Castillo Angeles, married to Marvin William Angeles; and Paul F. Castillo, married to Glynda D. Castillo, all of legal age, Filipinos, and residents of No. 20 City Camp Proper, Baguio City;
 
2.     Defendants Ruth Amos Sales married to Eric Tomas Sales; Patricio Amos married to Socorro Amos and Patricio Amos, widower, are of legal age, Filipinos and with address at 323 Cruz, La Trinidad, Benguet;
 
3.     The Register of Deeds for Benguet is impleaded as a nominal party being the public repository of all records and documents affecting registered lands in the Province of Benguet with office address located at La Trinidad, Benguet;
 
4.     The Assessor’s Office of La Trinidad, Benguet is impleaded as a nominal party being the public repository of all records and documents affecting registered and unregistered lands and buildings in La Trinidad, Benguet with office address located at Municipal Hall, La Trinidad, Benguet;
 
5.     Third Parties claiming the property are impleaded as necessary parties having adverse claim over the property and being the actual and material possessors and holding the property adverse to the plaintiff; 
 
II. THE CAUSE OF ACTION
 
6.     Plaintiffs are the compulsory heirs of the late spouses Cipriano and Teodora Castillo who died on June 15, 2000 and September 15, 2016, respectively, both at Baguio City;
 
7.     On the other hand, defendants are the forced heirs of the late Michael Amos who was the previous owner of the vast parcel of land located at Pico La Trinidad, Benguet which was then an unregistered land; 
 
8.     During his lifetime in October, 1982, Michael Amos sold three parcels of land each containing an area of 1,000 square meters in favor of Cipriano Castillo, Teodora Castillo and Alvin Castillo pursuant to the three (3) Deeds of Sale of Unregistered Land[1] notarized before the faith of notary public Juanito B. Castillo all dated 23 October 1982;
 
9.     At the time, the parcels of land were covered by Tax Declaration No. 0206 of the Assessor’s Office of La Trinidad, Benguet, identically described as bounded on the North by Ganasi Ingosan, et al., Lot 1, Psu-179220; on the East by Lot 6; on the South by the City of Baguio and on the West by property of Isabelo Acyapat;
 
10.           The three (3) parcels of land are further identified in the Sketch Plan designated as Lot 1, Psu-198528 as surveyed by Thomas A. Batnag, geodetic engineer, containing an aggregate area of 48,938 square meters as Lot 1-B for Cipriano Castillo, Lot 1-C for Teodora F. Castillo, and Lot 1-D for Alvin F. Castillo;
 
11.           The Castillo’s processed the transfer and segregation of the lots they bought, registered the Deeds of Sale and paid the Capital Gains and Documentary Stamp Taxes. Consequently, the Assessor’s Office issued three tax declarations under Assessment of Real Property bearing numbers 0320, 0321, and 0322 (now, ARP NOS. 99-012-09498, 99-012-09500 and 99-012-09501) in the names of Cipriano Castillo, Teodora Castillo and Alvin Castillo, respectively;
 
12.           Since they acquired the properties, plaintiffs and their ancestors occupied and possessed the properties unmolested for more than twenty (20) years. To further secure their ownership, they marked its boundaries with concrete monuments (mojon) to define its metes and bounds and fenced with barbed wires to visibly warn trespassers and deter speculators;
 
13.           To complete their ownership, plaintiffs applied for titling of the properties but was unduly stalled indefinitely and were not able to pursue and perfect their application for titling because the defendants refused to sign documentary requirements of the DENR;
14.           In 2012 to 2015, every time Paul Castillo came home from abroad, he never failed to visit and claim ownership to their properties but the caretakers of the defendants exercised hostilities and effectively barred him from entering the premises. He demanded the defendants to vacate and surrender the property but to no avail;
 
15.           In order to peaceably settle the matter with the defendants, plaintiff Paul Castillo earnestly and unceasingly reached out to the defendants through a series of Demand Letters but defendants failed to respond to all of the letters sent to them rendering it futile;
 
16.           Defendants for unknown reason refused and up to now still refuse to honor the existence of the deeds and so failed to deliver the properties to the complainants thereby depriving plaintiffs of their ownership and actual possession thereof;
 
17.           Despite being fully aware of plaintiffs’ claim over the property, defendants by subreption and bad faith proceeded to have the properties titled with the Department of Environment and Natural Resources resulting to the issuance of the Original Certificate of Title No. O-245;
 
18.           Defendants unmindfully included in their titling application the parcels of land duly conveyed to the plaintiffs by the late Michael Amos therefore deliberately and fraudulently misrepresented themselves in the process in spite of their knowledge on plaintiffs’ claim of ownership over the properties. In other words, they misrepresented in the course of their titling application in claiming that they are the owners and claimants of the entire lot when in truth, the 3,000 square meter portion thereof is not already theirs;
 
19.           They subsequently subdivided it resulting to the issuance of several derivative titles and tax declarations, among others are the Transfer Certificates of Tile bearing numbers T-71203, T-71207, T-71208 and T-71209 and tax declarations bearing ARP Nos. 2010-03-12-06357, 2010-03-12-06356, 2010-03-12-09993, and 2010-03-12-06358 in the name of the defendants. These titles and tax declarations overlaps the three (3) parcels of land owned by the plaintiffs;
 
20.           The three properties claimed by the plaintiffs have a total assessed value of P253,320.00;
 
21.           Plaintiffs previously filed a case for Enforcement of Deeds of Sale before the Regional Trial Court, La Trinidad, Benguet docketed under Civil Case No. 16-CV-3232 but was dismissed with prejudice;
 
22.           The Judicial Affidavit of plaintiff Paul Castillo is attached hereto and forms part of this Complaint;
 
 
 
 
III. COMPULSORY COUNTERCLAIM
 
23.           Due to fraud, bad faith and illegal manipulation of the private defendants in conniving with each other wrongfully deprived the plaintiffs of their ownership over the property in question, they sustained mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings and mental shock for which the defendants should be liable to the plaintiffs in the sum of P100,000.00 as moral damages;
 
24.           To protect the rights and interest of the plaintiff in the illegal actuations of the defendants, they were forced to engage the services of counsel for which they are obligated to pay the sum of P100,000.00 as attorney’s fees and P5,000.00 per court appearance;
 
25.           To deter similar minded people from perpetrating such despicable acts, defendants should be ordered to pay the amount of P30,000.00 per month as rental fees reckoned from the time of defendants’ occupation of the subject properties in 2012 as payment for their illegal occupation to be determined by the court during the course of hearing; 
 
IV. EXHIBITS
 

EXHIBITS	DESCRIPTION and PURPOSE
A	Special Power of Attorney dated 29 April 2016
B	Death Certificate of Cipriano Castillo
C	Death Certificate of Teodora Castillo
D	Birth Certificate of Rose Ann Castillo
E	Birth Certificate of Tara Castillo Angeles
F	Birth Certificate of Alvin Castillo
G	Birth Certificate of Paul Castillo
H	Deed of Sale of Unregistered Land dated 23 October 1982 of Michael Amos in favor of Teodora Castillo
I	Deed of Sale of Unregistered Land dated 23 October 1982 of Michael Amos in favor of Cipriano Castillo
J	Deed of Sale of Unregistered Land dated 23 October 1982 of Michael Amos in favor of Alvin Castillo
H-1	Sketch Plan (dorsal side of Exh. H)
I-1	Sketch Plan (dorsal side of Exh. I)
J-1	Sketch Plan (dorsal side of Exh. J)
K	Receipt dated January 15, 1982
L	Certification issued by Barangay Pico
M	Survey Plan Year 1982 by Engr. Agustin Timpac
N	Survey Plan Year 1996 by Engr. Arnel Buado
O	Tax Declaration No. 0206 in the name of Michael Amos
P	Certificate Authorizing Registration bearing number 009476 issued by the BIR
Q	Certificate Authorizing Registration bearing number 009479 issued by the BIR
R	Certificate Authorizing Registration bearing number 009480 issued by the BIR
S	Tax Declaration No. 0322 in the name of Alvin F. Castillo
T	Tax Declaration No. 0321 in the name of Cipriano S. Castillo
U	Tax Declaration No. 0322 in the name of Teodora F. Castillo
V	History Report for Cipriano Castillo issued by the Office of the Municipal Assessor of La Trinidad
W	History Report for Teodora Castillo issued by the Office of the Municipal Assessor of La Trinidad
X	History Report for Albin Castillo issued by the Office of the Municipal Assessor of La Trinidad
Y	Assessment of Real Property No. 2010-03-12-10405
Z	Assessment of Real Property No. 2010-03-12-10406
AA	Assessment of Real Property No. 2010-03-12-10403
BB & Series	Receipts
CC	Survey Plan Year 1999 by Engr. Thomas Batnag
DD	Demand Letter dated February 9, 2011
EE	Demand Letter dated July 14, 2014
FF	Demand Letter dated March 25, 2015
GG	Assessment of Real Property No. 2010-03-12-06356 in the name of Ruth Amos Sales
HH	Assessment of Real Property No. 2010-03-12-06357 in the name of Ruth Amos Sales
II	Assessment of Real Property No. 2010-03-12-06358 in the name of Ruth Amos Sales
JJ	Assessment of Real Property No. 2010-03-12-09993 in the name of Ruth Amos Sales
KK	Transfer Certificate of Tile No. T-71203 in the name of Ruth Amos Sales, et al.
LL	Transfer Certificate of Tile No. T-71207 in the name of Ruth Amos Sales, et al.
MM	Transfer Certificate of Tile No. T-71208 in the name of Ruth Amos Sales, et al.
NN	Transfer Certificate of Tile No. T-71209 in the name of Ruth Amos Sales, et al.

 
 
            The foregoing exhibits will be presented to prove the following:
a.       The plaintiffs are the owners of the 3,000 square meter lot located in Pico, La Trinidad, Benguet;
b.       The parcels of land were sold by Michael Amos to Cipriano Castillo, Teodora Castillo and Alvin Castillo;
c.        After buying the properties, plaintiffs entered and possessed the property and introduced fence and barbed wires on its peripheries;
d.       Defendants forcibly entered the premises without the consent of the plaintiffs;
e.        Plaintiffs were forcibly prevented to use and enter the property by the defendants
f.         The plaintiffs are entitled to the reconveyance of the properties;
g.       The plaintiffs are entitled to the ownership and possession of the subject properties;
 
 
V. WITNESS
 
a.     Paul Castillo
-                       He will be presented to prove the following:
o.     The plaintiffs are the owners of the 3,000 square meter lot located in Pico, La Trinidad, Benguet;
o.     The parcels of land were sold by Michael Amos to Cipriano Castillo, Teodora Castillo and Alvin Castillo;
o.     forthwith, they entered and possessed the property and introduced fence and barbed wires on its peripheries;
o.     they were forcibly prevented to use and enter the property;
o.     The plaintiffs are entitled to the reconveyance of the properties;
o.     The plaintiffs are entitled to the ownership and possession of the subject properties;
 
 
VI. P R A Y E R
 
            WHEREFORE, it is respectfully prayed that judgment be rendered in favor of the plaintiffs and against the defendants:
 
1.     Ordering the removal of cloud over the properties of the plaintiffs;
 
2.     Declaring as invalid, ineffective or unenforceable the defendants’ Transfer Certificates of Title Nos. 71203, 71207, 71208, and 71209; tax declarations with ARP Nos. 2010-03-12-06357, 2010-03-12-06356, 2010-03-12-09993, and 2010-03-12-06358; and any other title/s and tax declaration/s that also embrace the of real properties of the plaintiffs;
 
3.     Directing the Assessor’s Offices of Municipality of La Trinidad, Benguet and the Province of Benguet to remove and cancel the annotation inscribed in tax declaration number 2010-03-06-03053 regarding the double assessment;
 
4.     Directing the Assessor’s Offices of Municipality of La Trinidad, Benguet and the Province of Benguet to cancel the Tax Declaration of Real Property bearing number 2010-03-06-03055 under the name of defendant Dan Vincent Torres;
5.     Ordering the defendants to reconvey to the plaintiffs the three (3) parcels of land and to surrender the possession thereof to the plaintiffs;
 
6.     Ordering the Register of Deeds for Benguet to cancel the Transfer Certificates of Title bearing numbers T-71203, T-71207, T-71208 and T-71209 and to issue three titles in the name of the plaintiffs;
 
7.     Ordering the defendants, jointly and severally, to pay the amount of P30,000.00 as rental fees for the three lots due to their illegal occupation reckoned from the time of defendants’ occupation of the subject properties upon final determination of the instant case; and
 
8.     Ordering the private defendants to pay the sum of P100,000.00 as attorney’s fees and litigation expenses, and FIVE THOUSAND PESOS (P5,000.00) per court appearance; P100,000.00 as moral damages; and P100,000.00 as exemplary damages; and the costs of this suit.
 
            Other reliefs, just and equitable under the premises, are likewise prayed for.
 
            Baguio City for La Trinidad, Benguet, July 18, 2022.
 
 
 
(SGD.)
GAT ANTHONY S. BAGBAGEN
Counsel for the Plaintiffs
Roll No. 61587
IBP Lifetime No. 010905, Baguio City
PTR No. 5411062, Jan. 3, 2022, Baguio City
MCLE Compliance No. VII-0012248 – valid until April 14, 2025
Room 204 Otek Square, Otek Street, AZCKO, Baguio City
Tel. No. (074) 620-2180 / Mobile No. 0917-549-5747
Email: gsbabagenlawoffice@gmail.com
 
           
xxx”
 
WHEREAS, Summonses together with a copy of the Complaint was issued for service upon defendants SPS. RUTH AMOS SALES & ERIC TOMAS SALES, SPS. PATRICIO AMOS & SOCORRO AMOS, and ANTONIO AMOS,  however,  the Process Server’s Return of Service showed that the same were unserved for the reason that the defendants are no longer residing at the given address and others are presently abroad;
 
WHEREAS,  the current addresses and whereabouts of defendants SPS. RUTH AMOS SALES & ERIC TOMAS SALES, SPS. PATRICIO AMOS & SOCORRO AMOS, and ANTONIO AMOS   are unknown and could not be ascertained despite diligent inquiry;
 
            WHEREAS, on August 30, 2022, plaintiffs, through counsel, filed a  “Motion for Leave to Serve Summons by Publication” and the  motion was granted by this court in an Order dated  August 31, 2022;
 
 
NOW, THEREFORE, you, defendants SPS. RUTH AMOS SALES & ERIC TOMAS SALES, SPS. PATRICIO AMOS & SOCORRO AMOS, and ANTONIO AMOS,  whose addresses and whereabouts are unknown,  are hereby summoned through this medium of publication and is therefore required to file with the Municipal Trial Court of La Trinidad, Benguet your responsive pleading and/or Answer to the above-quoted  Complaint within SIXTY (60) DAYS from date of the last publication, serving at the same time a copy of your responsive pleading and/or Answer upon plaintiffs’ counsel, ATTY. GAT ANTHONY S. BAGBAGEN at Room 204 Otek Square, AZCKO, Baguio City. Your failure to do so within the period herein prescribed will enable the plaintiffs to take judgment against you and demand from the Honorable Court the reliefs and remedies prayed for in the Complaint.  You are reminded of the provision in the IBP-OCA Memorandum on Policy Guidelines dated March 12, 2002 to observe restraint in filing a motion to dismiss and instead allege the grounds thereof as defenses in the Answer.
 
Let this Summons be published, at the expense of the plaintiffs, in  a newspaper of general circulation within the Province of Benguet and in Baguio City, once a week for two (2) consecutive weeks.  Furthermore, let a copy of this Summons and a copy of the  Complaint be deposited with the La Trinidad Post Office, postage pre-paid by registered mail with return slip to the last known addresses of the defendants.
 
WITNESS the HONORABLE MYLENE MAY G. ADUBE-CABUAG, Presiding Judge of this court, this  5^th  day of September 2022 at La Trinidad, Benguet, Philippines.
 
 
 
                                                            JENNIFER N. PALAEZ
                                                                Clerk of Court II

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