Republic of the Philippines REGIONAL TRIAL COURT 5th Judicial Region Branch ___ Legazpi City MR. X, Petitioner, CIVIL CASE NO. 123 For: Judicial Partition
-versusMR. Y, Respondent x-----------------------------------x COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel, and unto this honorable court, most respectfully avers: 1. That plaintiff is of legal age, Filipino Citizen, with postal address at #1136-A A. Maceda Street, Legazpi City; 2. That Defendant Y, is of legal age, Filipino Citizen, with postal address at No. 24 Evangelista Street, Santolan, Pasig City, where he may be served with summons and other processes by this Honorable Court; 3. That plaintiff and defendant are co-owners pro indiviso, in two (2) equal parts, of one parcel of land situated at Dapitan Street, Legazpi City and covered by TCT No. 12345 issued by the Register of Deeds of Legazpi City, which is more particularly described as follows: TRANSFER CERTIFICATE OF TITLE NO. 12345 “A parcel of land located in the Barrio of Dai Mahanap, City of Legazpi, known as Lot A-3, bounded on the north by Lot B, on the South by Lot C, on the west by Lot D, and on the South by National Road, with
a total area of 200 square meters, registered in the name of X.” 4. That the aforementioned parcel of land has a total land area of 200 square meters more or less, and it is easily divisible into two parcels both of which can conveniently serve as either residential or commercial premises; 5. That plaintiff had several times notified defendant of his desire and intention to partition said property, and, for that purpose had presented and submitted to defendant a project-plan of partition, which was prepared and drafted by EMBBI Surveyor Firm a duly licensed surveyor, and an unprejudiced third party; 6. That the aforementioned project-plan of partition is a very fair and practical division of the property in question; 7. That notwithstanding repeated demands of the plaintiff, defendant refused, and still refuses, whitout justifiable cause or reason, to accede to the partition of said property. WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered as follows: a. Ordering the partition of the parcel of land mentioned and described in Paragraph 2 of this complaint, adopting, for the purpose of said partition, the project-plan perpared by EMBBI Surveying Firm copy of which will be presented at the day of the trial; b. Ordering that the determination as to which of the two (2) parcels in said project-plan should pertain to either party be done by the choice of the parties; c. Ordering defendant to execute and sign all necessary papers or deeds which shall give validity and effect to this partition; d. Ordering defendant to pay to plaintiff the sum of P125.00 which is equivalent to 50% of the amount paid by plaintiff to the licensed surveyor for the preparation of the project-plan; e. Cost of suit and other relief.
Other reliefs which are just and equitable are likewise prayed for. Legazpi City, Philippines, March 31, 2005.
ABOGADO LAW OFFICE Counsel for the Petitioner Rasi Bldg., Legazpi City By: ABOGADO A. ABOGADO IBP No. 1231231/2-5-05 PTRNo.123/10-2203/Leg. Roll No. 123123 VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING REPUBLIC OF THE PHILIPPINES ) CITY OF LEGAZPI )S.S. I, MR. X, of legal age, Filipino Citizen, married, after having been duly sworn to in accordace with law, hereby depose and say: 1. That I am the plaintiff in the above-entitled case; 2. That I have cause the preparation of the foregoing Complaint/Petition and have read the allegations contained therein; 3. That the allegations in the said complaint/petition are true and correct of my own knowledge and authentic records; 4. I hereby certify that I have not commenced any other action or proceeding involving the same issued in the
Supreme Court, Court of Appeals, or any other tribunal or agency; 5. That if I should thereafter learned that a similar action or proceeding has been filed or is pending before the Supreme Court, court of Appeals or any other tribunal agency, I hereby imdertake to report that fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed; 6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provision of Adm. Circular No. 04-94 of the Honorable Supreme Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of March 2005, in Legazpi City, Philippines. MR. X Affiant SUBSCRIBED AND SWORN to before me this __ day of March 2005, in the City of Legazpi, with affiant exhibiting to me his SSS ID, with ID No. 1234 issued at Legazpi City on April 2001. Notary Public Doc. No.____; Page No.____; Book No.____; Series of 2005.
