Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 10
Davao City

JUSTIN J. JERONA
Petitioner,

CIVIL CASE NO. 123

-versus- For: Judicial Partition

LEONIDAS L. LAKAN
Respondent
x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel, and

unto this honorable court, most respectfully avers:

1. That Plaintiff, JUSTIN J. JERONA, is of legal age, Filipino Citizen,

with residence at #136, Papa St., Brgy. Sasa, Davao City;

2. That Defendant, LEONIDAS L. LAKAN , is of legal age, Filipino

Citizen, with residence at # 24, Macho Street, Brgy. Ma-a, Davao
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 #45, Lawin St., Barrio
Dansmakiato, Brgy. Lacson, Calinan District, Davao City and
covered by TCT No. 13345 issued by the Register of Deeds of
Davao City, which is more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 13345

“A parcel of land located in #45, Lawin St., Barrio Dansmakiato,

Brgy. Lacson, Calinan District, Davao City, known as Lot A-6, bounded
on the north by Lot B, on the South by Lot C, on the west by Lot D,

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and on the South by National Road, with a total area of 200 square
meters, registered in the name of JUSTIN J. JERONA.”

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 KIRIN 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.

PRAYER

WHEREFORE, 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, adopting, for the

purpose of said partition, the project-plan perpared by KIRIN
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 TEN

THOUSAND PESOS (P10,000.00) which is equivalent to 50% of
the amount paid by plaintiff to the licensed surveyor for the
preparation of the project-plan;

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 e. Cost of suit and other relief.

Other reliefs which are just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED.

DONE. 31st day of January 2020. Davao City, Philippines.

(sgd)
ATTY. JACOBO J. JUMAW
Counsel for the Plaintiffs
Roll No. 54321/January 5, 2020
IBP Lifetime No. 09190
PTR No. 1276543, issued on May 05, 2019 at Davao City
MCLE No. IV-004222, issued on April 10, 2019 at Davao City
#60 Magallanes Street, Davao City

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
x----------------------------------------------x

VERIFICATION AND CERTIFICATION

I, JUSTIN J. JERONA, of legal age, Filipino citizen, and residents of

#136, Papa St., Brgy. Sasa, Davao City, under oath, depose and state:

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;

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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 signed this instrument on the 29th day

of January 2020, in the City of Davao, Philippines.

(sgd)
JUSTIN J. JERONA
Affiant

SUBSCRIBED AND SWORN TO before me this 31st day of January

2020 a certain JUSTIN J. JERONA exhibiting to me his Driver’s License
No. 52332 and issued on November 6, 2018 and issued at Davao City,
Philippines

(sgd)

Doc. No. 67;

Page No. 15;
Book No. 1;
Series of 2020