Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch ___
Davao City

ARCHIE ANDREWS Civil Case No. ________

Plaintiff, FOR: Judicial Partition
of Real Estate
-vs-

VERONICA LODGE
Defendant.
x---------------------------x

COMPLAINT

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

unto this honorable court, most respectfully avers that:

1. The plaintiff ARCHIE ANDREWS is of legal age, Filipino Citizen, with

postal address at Unit 32 KJ Towers, Apa St., Davao City, Philippines.

2. The defendant VERONICA LODGE is of legal age, Filipino Citizen, with

postal address at Rm. 214 Camila Towers, Mendes St., Davao City,
Philippines.

3. That plaintiff and defendant are co-owners pro indiviso, in two (2) equal
parts, of one parcel of land situated at Matina, Davao City and covered
by TCT No. 12345 issued by the Register of Deeds of Davao City, which is
more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 12345

“A parcel of land located in City of Davao, 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 ARCHIE
ANDREWS.”
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.

PRAYER

IN VIEW OF THE FOREGOING, 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.

Davao City, Philippines, February 7, 2020.

 ARCHIE ANDREWS
Plaintiff

Assisted by:

Atty. Aven Sina B. Caubang

Counsel for Plaintiff
Roll of Atty. No 718308
IBP No. 187308; 1/6/2020; Davao City
PTR No. 1806083A; 1/8/2020; Davao City

17-A, Aldevinco Shopping Center

C.M. Recto St., Davao City, Philippines
(082) 221-3362 | 09218215909
avencs@gmail.com

Republic of the Philippines ) S.S.

Davao City )

VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING

I, ARCHIE ANDREWS, 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

20th day of January 2020, in Davao City, Philippines.

ARCHIE ANDREWS
Affiant

SUBSCRIBED AND SWORN to before me this February 7, 2020 in the

City of Davao, with affiant exhibiting to me his SSS ID, with ID No. 19837-
AC4 issued at Davao City on April 2019.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019.