Ouano, siblings file case vs brother

CEBU, Philippines - Former Mandaue Mayor Thadeo Ouano is asking the court to direct his younger brother, Rafael, to cease and desist from barring anyone who pass through the lots owned by the latter and to prevent the sale of the lots in question located in barangay Opao, Mandaue City.

The 11-page affidavit Ouano filed yesterday through lawyer Vicente Fernandez II also impleaded Rafael’s wife, Marissa, lawyer Benedicto Taylan, and the Mandaue City Register of Deeds.

The petition sought for the annulment of sale, annulment of title, and reconveyance of property and injunction with a prayer for the issuance of a writ of preliminary injunction.

Aside from Ouano, the other plaintiffs include his wife, Linda, spouses Michael and Silvia Ouano represented by their son Kristian, and spouses Jorge and Fidelis Ouano-Cuizon.

Ouano said they are not asking for moral damages because Rafael “is his brother and has a special place in their heart.”

The complaint cited that the plaintiffs are co-owners of parcel of land with Lot No. 916 and Lot No. 16-B-5 located in Mandaue City under Transfer Certificate Titles Nos. 14097 and 14066, respectively.

However, to the dismay of the plaintiffs, they discovered that TCT nos. 14097 and 14066 were allegedly cancelled in lieu of TCT Nos. MR 519 TP (63844) and MR-779T (63866) and were issued to defendant spouses Rafael and Marissa and plaintiff spouses Michael and Sylvia.

“The surreptitious procurement of TCT nos. 63844 and 63866 were fraudulently carried out by Rafael with the obvious connivance of Taylan, who is the Register of Deeds of Cebu City (in official capacity at the time as acting Register of Deeds of Mandaue City), through the submission of a fake and spurious Deeds of Sale,” the complaint reads.

The Deeds of Sale, the complaint added, were allegedly executed by the plaintiff and purportedly ratified before Notary Public Eduardo Rosello on September 23. Rosello, allegedly, was “not and never a notary public of Mandaue City in any length of time.”

According to the complaint, Rosello strongly and vehemently denied having notarized the said Deeds of Sale and has not entered the same in his Notarial Register, as required by law, which made the same a nullity and should be declared null and void.

“And for that reason, it transfer no right or interest whatsoever to defendants spouses Rafael Ouano and Marissa Ouano as well as plaintiff spouses Michael Ouano and Silvia Ouano,” the complaint added.

“Since the two Deeds of Sale were fraudulently procured through a devious and dubious schemes and machination of defendant Rafael, who is the younger brother of the former mayor, such Deeds of Sale should be declared a nullity and new one be issued by the Mandaue City Register of Deeds, who is impleaded as a nominal party reinstating TCT nos. 14097 and 14066 in the name of the plaintiffs,” the complaint reads.

Meanwhile, Allen Davide of the Clerk of Court of the Regional Trial Court of Cebu, whose signatures appears in both Deeds of Sale as the one who certified that the deeds are “certified true and correct copy,” insisted that his signature in the said document “is not authentic and genuine signature.”

The questioned land titles are currently in the possession of Rafael, who reportedly barred the passage through the said lots of persons and property through the only available road, which has been there and used as a passageway since 1933, unless one pays the amount of P25.00.

Because of this, the tenants of the former mayor complained about the collection of the said amount.

The tenants even threatened the former mayor that they will abrogate their lease contract, which involves a considerable sum of money and some of those who are negotiating to close a lease agreement no longer pushes with the agreement.

Rafael allegedly threatened to sell the properties where the road right of way traverses. — Mitchelle L. Palaubsanon/JMO   (FREEMAN NEWS)