Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch 5
Baguio City

EDGARDO G. DE LEON,
Plaintiff,

CIVIL CASE NO. F- 33140

-versus- For: Judicial Partition

CYNTHIA ANNE A. CASTRO,

Respondent.
x-----------------------------------------x

PETITION

COMES NOW, the plaintiff, through the undersigned counsel,

and unto this honorable court, most respectfully avers:

1. That Plaintiff, EDGARDO G. DE LEON is of legal age,

single, Filipino Citizen, with postal address at #17, Aurora
Hill Proper, Baguio City;

2. That Respondent, CYNTHIA ANNE A. CASTRO, is of legal

age, single, Filipino Citizen, with postal address at No. 24
Evangelista Street, Santolan, Pasig City, where she may be
served with summons and other processes by this
Honorable Court;

3. That plaintiff and respondent are co-owners pro indiviso, in

two (2) equal parts, of one parcel of land situated at #30
Irisan, Baguio City covered by TCT No. A-12345 issued by
the Register of Deeds of Baguio 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

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 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 respondent of his

desire and intention to partition said property, and, for that
purpose had presented and submitted to respondent 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,

respondent 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 respondent to execute and sign all necessary

papers or deeds which shall give validity and effect to this
partition;

d. Ordering respondent to pay to plaintiff the sum of P200.00

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.

f.
Other reliefs which are just and equitable are likewise prayed
for.
Baguio City, Philippines, September 2, 2019.
VERIFICATION/CERTIFICATION AGAINST

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 FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)

BAGUIO CITY )S.S.
x-------------------------------------------------------x

I, EDGARDO G. DE LEON, of legal age, Filipino Citizen,

single, after having been duly sworn to in accordance 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 2nd day of September 2019, in Baguio City, Philippines.

EDGARDO G. DE LEON
Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of

September 2019, in the Baguio City, with affiant exhibiting to

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 me his SSS ID, with ID No. 12345 issued at Baguio City on May
2019.

Doc. No.____;
Page No.____;
Book No.____;
Series of 2019.