housing subdivision presently known as Villa Priscilla Subdivision located at Brgy. Cutcut, Pulilan, Bulacan; 2.02 On or about April 30, 1998, the plaintiff the plaintiff thru its Administrative Pastor bought from defendants bought from defendants on installment basis a parcel of land designated at Lot 1, Block 4 of the said Villa Priscilla Subdivision Lot 1, Block 4 of the said Villa Priscilla Subdivision . . . xxx xxx xxx 2.04 At the time of the execution of the second Contract to Sell (Annex "B"), Lot 1, Block 4 of the Villa Priscilla Subdivision was already covered by Transfer Certi?cate of Title No. T-127776 of the Registry of Deeds of Quezon City in the name of Iluminada T. Soneja, married to Asterio Soneja (defendant Priscilla T. Ignacio's sister and brother-in-law) and the defendants as co-owners, but the latter represented themselves to be the real and absolute owners thereof, as in fact it was annotated in the title that they were empowered to sell the same. Copy of TCT No. T-127776 is hereto attached and made part hereof as Annex "C". AIHaCc 2.05 Plaintiff has been religiously paying the agreed monthly installments until its Administrative Pastor discovered recently that while apparently clean on its face, the title covering the subject lot actually suffers from CD Technologies Asia, Inc. © 2018 cdasiaonline.com
fatal Haws and defects as it is part of the property involved in litigation even before the original Contract to Sell (Annex "A"), which defendants deliberately and fraudulently concealed from the plaintiff; 2.06 As shown in the technical description of TCT No. T-127776 (Annex "C"), it covers a portion of consolidated Lots 2-F and 2-G Bsd-04-000829 (OLT), which were respectively acquired by defendants from Nicanor Adriano and Ceferino Sison, former tenants-bene?ciaries of Puri?cacion S. Imperial, whose property at Cutcut, Pulilan, Bulacan originally covered by TCT No. 240878 containing an area of 119,431 square meters was placed under Operation Land Transfer under P.D. No. 27; 2.07 Said Puri?cacion S. Imperial applied for retention of ?ve (5) hectares of her property at Cutcut, Pulilan, Bulacan under Rep. Act No. 6657 and the same was granted by the Department of Agrarian Reform (DAR) to cover in whole or in part farm lots previously awarded to tenants-bene?ciaries, including inter alia Nicanor Adriano's Lot 2-F and Ceferino Sison's Lot 2-G Bsd-04-000829 (OLT). EcTDCI xxx xxx xxx 2.08 Said order of October 2, 1997 was aJrmed and declared ?nal and executory, and the case was considered closed, as in fact there was already an Implementing Order dated November 10, 1997. xxx xxx xxx 3.03 As may thus be seen, the defendants deliberately and the defendants deliberately and fraudulently concealed from the plaintiff that fact that the parcel of fraudulently concealed from the plaintiff that fact that the parcel of land sold to the latter under the Contract to Sell (Annexes "A" and "B") is land sold to the latter under the Contract to Sell (Annexes "A" and "B") is part of the property already under litigation and in fact part of the ?ve- part of the property already under litigation and in fact part of the ?ve- hectare retention awarded to the original owner, Puri?cacion S. hectare retention awarded to the original owner, Puri?cacion S.
You've reached the end of your free preview.
Want to read all 10 pages?
- Fall '19
- Pleading, Subject-matter jurisdiction, HLURB, CGA