Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Branch ___
Legazpi City

MR. X,
Petitioner,

CIVIL CASE NO. 123

-versus- For: Judicial Partition

MR. Y,
Respondent
x-----------------------------------x

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. Maceda Street, Legazpi
City;

2. That Defendant Y, is of legal age, Filipino Citizen,

with postal address at No. 24 Evangelista Street,
Santolan, Pasig 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 Dapitan Street, Legazpi City and covered
by TCT No. 12345 issued by the Register of Deeds of
Legazpi 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 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.

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 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.

Legazpi City, Philippines, March 31, 2005.

ABOGADO LAW OFFICE

Counsel for the Petitioner
Rasi Bldg., Legazpi City

By:

ABOGADO A. ABOGADO
IBP No.
1231231/2-5-05
PTRNo.123/10-2203/Leg.
Roll No.
123123

VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF LEGAZPI )S.S.

I, MR. X, 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 ___ day of March 2005, in Legazpi City,
Philippines.
MR. X
Affiant

SUBSCRIBED AND SWORN to before me this __ day of

March 2005, in the City of Legazpi, with affiant
exhibiting to me his SSS ID, with ID No. 1234 issued at
Legazpi City on April 2001.

Notary Public

Doc. No.____;
Page No.____;
Book No.____;
Series of 2005.