REPUBLIC OF THE PHILIPPINES

REGION TRIAL COURT

7th Judicial Regiol
Branch______
Cebu City

ESTELLITA RAMAS-DAAN, CIVIL

CASE NO._____
LEONILA RAMAS-KUE, KIESHA FOR JUDICIAL
ESTRELLA PARTITION
RAMAS TE, JAMES KYLE RAMAS TE ___________ __________
HAZEL RAMAS HARRY RAMAS, AND
HARLYN RAMAS
Defendant,
x------------------------------------------------------------------------/

COMPLAINT

Plaintiffs, through counsel, most respectfully aver that:

1. Plaintiffs Estrellita Ramas-daan (hereinafter) referred to as “Estrellita”

LEONILA RAMAS-KUE ( hereinafter referred to as to as “Leonila “), KIESHA
ESTRELLA RAMAS TE (hereinafter referred to as “Keisha”), James KYLE
RAMAS TE (hereinafter referred to as “JAMES “), are resident of 202 Tres De
Abril St. Labangon, Cebu City, Plaintiffs HAZEL RAMAS (hereinafter referred to
as “ Hazel “), HARRY RAMAS (hereinafter referred to as “Harry”), and
HARLYN RAMAS (hereinafter referred to as “Harlan”), are residents of Roman
Compound Marbeach Marigondon, Lapu-Lapu City.

2. Defendant VICENTE RAMAS JR. is resident of 202-F Tres De Abril St.

Labangon, Cebu City where he may be serve with summons and other court
processes;

3. Plaintiffs Kiesha and and James are the children and surviving heirs of HAIDE
RAMAS- TE (hereinafter referred to as “Haide”). Who died on January 3 2006;
 COMPLAINT FOR JUDICIAL PARTITION 2
Ramas, et al v. Rama

4. plaintiffs Hazel ,Harry and Harlyn are the children and surviving heirs of
HILARIO RAMAS (hereinafter referred to as “Hilario”), who died on
September 1, 2015;

5. Estrellita Leonila, Haide, Hilario, CORNILLO RAMAS (hereinafter referred to as

“Cornelio”), an d herein Defendant are children of refered to VICENTE RAMAS,
SR. and ESTRELLA MURILLO RAMAS;

6. Cornillo, during his lifetime owned a parcel of land and is cover by tax
Declaration No. C-10-09562-70 AND transfer Certificate title No. 170043 both
issued under his name as owner thereof, and which is more particularly described
as follow:

“A parcel of land (lot 2 of the consolidation-subdivision

plan, Pcs -07-004103, being a portion of the consolidation
of lots 3 & 4 bloc k 2, (LBC)Psd-44408, situated in the
Barangay of Labangon , City of Cebu Island of Cebu
Bounded on the NW. along line 1-2 by lot 4 of the
consolidation-subdivision; on the NE . Along line 2-3 by
lot 2, along line 3-4 by lot 5, both of block 2 (LBC)Psd-
44408; on the SE. along line 4-5 by lot 1 of the
consolidation - subdivision the SW. along line 5 -6-7
by road lot 2 (CCPB) 10.00 m wlde), (LRC) Psd-44408;
and on the NW. along 7-1 by lot 3 of the consolidation-
subdivision plan beginning at point marked '1' on plan,
being N. 45 DEG. 42'E 343.94 m from BM No. 40 Cebu
Cad. 12: thence N. 78 Deg.20'E 7.23 m to point 2; thence
S.09 deg. 47 E'., 1.41 m. to point 3: thence S. 09 deg. 45'e.,
5.50 m to point 4: thence S. 78 deg 19'W., 15.95 m to
point 5: thence N.14 deg 28'W.,588 m. to point 6: thence
N. 14 28 ' W., 101 m to point 7: thence N. 7 8 deg.
20'E.,9.00 to the point of beginning containing an area
Of ONE HUNDRED TWLEVE (121) SQUARE METERS,
more or less. X xx”

7. An apartment was established on the abovementioned lot, which is covered by

tax declaration No. C.10-12087-70 in the name of Cornelio;

8. per the above-cited tax declaration, the assessed values of the lot and building are
TEN THOUSAND EIGHTY and 00/100 PESOS (Php10,080.00), PHILIPPINE
CURRENCY and FIFTY-SEVEN THOUSAND TWO HUNDRED SEVENTY
and 00/100.00 PESOS (Php57,270.00), PHILIPPINE CURRENCY, respectively,
making the total assessed value of the real estate properties in question more then
(Php20,000.00, thereby, vesting jurisdiction upon the honorable Court;
9. Cornelio was married to CORASON REYES RAMAS, and , in the course of their
marriage until their death, both bore no children:

10.Cornelio passed away on September 17, 2015, while CORAZON REYES

RAMAS passed away on September 22, 2016;

11.considering that Cornelio passed away leaving no surviving heir and no issue,
Petitioners respectfully manifest that the parties in the instant case therefor are co-
owner, by virtue of intestate inheritance from the deceased Cornelio;

12.plaintiffs desire that the above real estate the properties be partitioned accordingly
between themselves and herein Defendant;

13.Defendant has been solely using or enjoying the fruits of the said apartment and
parcel of land, and has it rented out to an unknown lessee and a certain CECILLA
ABELLA

14.Further, Defendant did not remit the amount of the rental due to Plaintiffs from
the time of Cornelio's death, and has not remitted such until the time of the filing
of the instant complaint to Plaintiffs:;

15.Estrellita, Defendant and leonila, though counsel , wrote a letter dated March 13,
2017 to Defendant requesting the partition of the property in question, and such
letter was received by Defendant on March 15, 2017 through delivery by LBC
express, INC.:

16.Estrellita and Leonila through counsel, wrote another letter dated March 13 ,
2017 to CECILLA ABELLA requesting her to vacate the apartment she was
occupying within 10 days from the receipt of the letter, and reminded her that she
was occupying the same by my tolerance from the farmer: the letter was received
by CECILLA ABELLA on March 15, 2017;

17.thus, it is clear that Plaintiffs had of Defendant that the above-describe real estate
properties be amicably partitioned between them by mutual agreement but the
said Defendants refused and continues to do so without any justifiable reason.
Earnest efforts toward a compromise had been made by plaintiffs, however, these
have failed;

18.Defendant refused and still continues to refuse plaintiffs request for partitioned;

19.There was therefor no extrajudicial settlement of the estate of Cornelio

executed;
 COMPLAINT FOR JUDICIAL PARTITION 4
Ramas, et al v. Rama

20. The disagreement was subjected to Barangay Consilliation, however, any effort
remained
unsuccessful, as envineed by a Certification to file Action issued by the Office of the
Lupong Tagapamayapa of Barangay Labangon;

21. Defendant's obstinate refusal to partition the subject properties compelled plaintiffs to
incur damages consisting of attorney's fees in the amount of THIRTY THOUSAND
PESOS (Php30,000.00) as acceptance fee and THREE THOUSAND PESOS ( Php
3,000.00) as appearance fee for every court hearing. Included are the filing fee, cost of
transportation and other person expenses to be incurred in the amount of not less than
TWENTY-FIVE THOUSAND PESOS (Php25,000.00)

22. The applicant have incorporated with the instant complaint the following documents ;

a) copy of Haide Ramas-Te's Certificate of death attached and marked as Annex “B”;
b) A copy of Hilario Ramas' Certificate of death attached and marked as Annex “B”;
c) copy Vicente Ramas, Sr.'s Certificate of death attached and marked as Annex “B”;
d) Transfer Title No. 170043Certificate of death attached and marked as Annex “D”;
e) Tax Declaration No. GRC-10-070-09562 Certificate of death attached and marked as
Annex “E”;
f) Tax Declaration No. C-10-12087-70 Certificate of death attached and marked as Annex
“F”;
g) A copy of Cornelio Ramas' Certificate of death attached and marked as Annex “G”;
h) A copy of Corazon Reyes Ramas' Certificate of death attached and marked as Annex
“H”;
i) A copy of the letter dated March 13, 2017 sent to Defendant attached and marked as
annex “I”;
j) A copy of the letter dated March 13, 2017 sent to Cecilia Abella attached and marked
as annex “I”;
k) A copy of the Certification to file Action dated June 2, 2017 attached and marked as
Annex “K”;

PLAYER
WHEREFORE, PREMISES CONSIDERED. It is respectfully prayed:

(a) That, after due hearing the partition of above-describe real estate be ordered between the
plaintiffs and defendants, share and
 COMPLAINT FOR JUDICIAL PARTITION 5
Ramas, et al v. Rama

(a) share alike from portion, they inherit from deceased brother Cornelio; or

(b) That failing the first option, and after due hearing, Defendant remit to plaintiffs
the portion of rentals of rentals that id due to them; and
(c) That the cost and expenses of these proceedings be taxed solely againts the
defendant

Other reliefs just and equitable are likewise prayed for.

Mandaue City, Philippines this 3rd day of October 2017.

SANSHEZ &
LUCMAYON
LOW OFFICE
nd
Door 6, 2 floor, Actorland Building,
215 S.B. Cabajug St. Ibabao, Mandaue City 6014
(032)346 6460/ (032) 511 8207
Counsel for plaintiffs

by

JURIS ANNE G. LUCMAYAN

Roll of Attorney's No. 63889
IBP Member No. 1059053 01/04/2017 CEBU CITY
PTR No.6817256 01/03/2017 Mandaue
MCLE Compliance No. V-0013451 01/27/2016

ANGELI VICTORIA B. CORTES

Roll No. 66972
IBP Lifetime No. 017184-05/182017
PTR No. 0681250-06/05/2017
Re MCLE Compliance: Passed the Bar May 2017
 PRAYER

WHEREOF, is premises considered, it is respectfully prayed of

honorable Court, that after due notice, an Order be issued allowing
plaintiffs to amend their complaint.

Plaintiffs further pray for such other remedies and relief under the
premises.

Cebu City, Philippines, October 22, 2018.

AGAWANON ARAÑAS BAQUERO LAW OFFICES

Counsel for Plaintiffs
Room 204 2/F Goodwill Building
Jones Avenue, Barangay Sambag 1
6000 Cebu City, Philippines
Telephone No. 032-384-2891
Email ad: zhimoy50138@yahoo.com

By:

ZOSIMO BEDRIJO ARGAWANON

ROLL OF ATTORNEYS NO.50138
IBP NO. 5054; 12-1-2017 Cebu
PTR NO. 173427; 12-1-2017; Cebu
MCLE COMPLIANCE NO. V-0009264
ISSUED ON 27 JULY 2015

HON. CLERK OF COURT

Regional Trial Court
7th Judicial Region
Branch 19, Cebu City

Please Submit the forgoing to the Honorable Court for its

consideration and resolution on October 26, 2018 at 8:30 in the
Morning.

ZOSIMO BEDRIJO ARGAWANON