THE Provincial Asses-sor’s Office and three others are facing a civil suit over “falsified” documents executed purportedly to transfer the title of their property to other persons.

Elizabeth Barinque and Nilda Alinsonorin filed the case against the provincial assessor, the deputy municipal assessor of the City of Naga, and Diocena Kaya and Fileto Encabo before the Regional Trial Court.

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The case was for nullity of extrajudicial declaration of heirs, partition, and adjudication of a parcel of land with deed of sale, tax declarations and subdivision plan with damages and attorney’s fees.

The provincial assessor and the deputy municipal assessor were impleaded in the complaint as “nominal defendants,” being the custodians and record keepers of transactions involving tax declarations for real properties in the Province.

The late spouses Victoriano and Soledad Encabo owned a 924-square-meter lot in Bara-ngay Inoburan, Naga, Cebu.

After their death, the couple left the property without any last will to their 10 surviving heirs, including Kaya and Encabo.

Last July 10, two of the heirs – Victoriano and Soledad Encabo – executed the deed of extrajudicial settlement of heirs, partition and adjudication with deed of absolute sale of lot 6298.

But the complainants said the execution of such document was done without the consent and approval of other heirs.

“Indeed, careful perusal of the said document would readily reveal that seven of the signatures were written “For” without the required written authorization or special power of attorney (SPA)… making the said document a falsified one,” the charge sheet read.

Under Tax Declaration 01-30-24442, the Lot 6298 was originally declared in the names of the late spouses.

But the tax declaration was cancelled by virtue of the questioned deed of extrajudicial declarations.

In fact, consequent to the execution of the extrajudicial declarations, Lot 6298-A tax declaration 032589 for Lot 6298-F are under the names of Barinque and Alinsonorin.

“(The) defendants’ continuing illegal acts and actuation and blatant invasion of plaintiff’s rights to peaceful enjoyment of possession and ownership of lot in question are material and substantial that need to be addressed by declaring the nullity of the fictitious and falsified document…null and void,” the complainants said.

The complainants also asked the court to compel the provincial assessor and the municipal deputy assessors to cancel the tax declarations issued under the names of the respondents and reinstate them under their names.

The complainants also sought for P50,000 in exemplary damages and P50,000 in moral damages.

They also asked the court to order the respondents to pay them P20,000 as attorney’s fee and P10,000 as litigation cost.