Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 14, Tagum CI City

P DELA CRUZ,
Petitioner, Civil Case No. 12345

- versus -
For: JUDICIAL
D DELA CRUZ, PARTITION
Respondent.

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. Bonifacio Street, Monkayo, Davao de Oro;

2. That Defendant, is of legal age, Filipino Citizen, with postal

address at No. 24 Roxas Street, Santolan, Tagum 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 Barangay La Filipina,
Tagum City and covered by Original Certificate of Title (OCT)
No. 12345 issued under the Department of Agrarian Reform
Certificate of Land Ownership Award No. 0006789, containing an
area of NINETY NIE THOUSAND SIX HUNDRED SEVENTY
TWO (99,672) 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;

4. That plaintiff and defendant have previously agreed upon their

respective portions of the Subject property and have been
respecting this vocal agreement since the beginning of their co-
ownership;

5. That plaintiff, being a resident of Monkayo, Davao de Oro, could

not regularly manage the Subject property and allowed the
defendant to till a portion of his land;

6. That on August 15, 2020, the plaintiff asked the defendant to

vacate the former’s portion of the land but the latter refused;
 7. That plaintiff’s peaceful and continued possession of the subject
property was disturbed due to the defendant’s unlawful deprivation
of a respective portion of the property;

8. That the plaintiff has requested of the defendant that the Subject
Property be amicably partitioned between them by mutual
agreement, but the said defendant refused and continues to refuse
to do so.

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 3 of this complaint between the plaintiff
and the defendant, share and share alike;

b. Ordering defendant to execute and sign all necessary papers or

deeds which shall give validity and effect to this partition;

c. That the costs and expenses of these proceedings be taxed

solely against the defendant.

Other reliefs just and equitable under the circumstances are likewise
prayed for.

RESPECTFULLY SUBMITTED.

August 29, 2020, City of Tagum.

SALVERON LAW OFFICE

Tagum City
Tel. No. (082) 370-0330
Email address: salveronlawoffice@gmail.com

By:

JAN IONE R. SALVERON (sgd.)

Roll of Atty. No. 72596
IBP No. 560517; 4/27/2019; Davao City
PTR No. 1477007C; 12/07/2019; Davao City
MCLE Compliance No. VI-138237
REPUBLIC OF THE PHILIPPINES)
C I T Y OF TAGUM ) s.s.

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, P DELA CRUZ, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am the Petitioner in the above-stated case;

2. I caused the preparation and filing thereof before the Honorable

Court;

3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of copies
of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the

same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;

5. To the best of my knowledge and belief, no such action or

proceeding is pending in the Supreme Court, the Court of Appeals,
or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has

been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that
fact within five (5) days there from to this Honorable Court.

P DELA CRUZ (Sgd.)

Affiant

               SUBSCRIBED AND SWORN to before me this 28th day of August 2020 at

Davao City, by P DELA CRUZ who exhibited to me her Voter’s ID No. 23562599 issued
at Davao City, Philippines on November 11, 2019

Doc. No. 01;

Page no. 02;
Book No. XXI; ATTY. JAN IONE R. SALVERON (sgd.)
Series of 2020. Notarial Commission No. 2019-428-2020
Commission Expires on December 31, 2020
Notary Public/ Roll of Atty. No. 72596
IBP No. 560517; 4/27/2019; Davao City
PTR No. 1477007C; 12/07/2019; Davao City
Ecoland Street, Davao City