Download Com. For Jud. Partition of Real Est...
Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch ___ Davao City
ARCHIE ANDREWS
Civil Case No. ________ FOR: Judicial Partton of Real Esae
Plaintf,
-vs-
VERONICA LODGE Deendan. x---------------------------x
COMPLAINT COMES NOW, the plain, through the undersigned counsel, and unto this honorable court, most respecully avers that: 1. The The pl plai ain n AR ARCH CHIE IE AN ANDR DREW EWS S is of le lega gall ag age, e, Fi Fili lipi pino no Ci Ciz zen en,, wi with th postal address at Unit 32 KJ Towers, Apa St., Davao City, Philippines. 2. The defenda defendant nt VERO VERONIC NICA A LO LODGE DGE is of le legal gal age, age, Fil Filipi ipino no Cizen, Cizen, with postal pos tal add addres resss at Rm. 21 214 4 Cam Camila ila Tow Towers ers,, Me Mende ndess St. St.,, Dav Davao ao Cit City, y, Philippines.
3. That plain and defendant are co-owners pro indiviso, in two (2) equal parts, of one parcel of land situated at Mana, Davao City and covered by TCT No. 12345 issued by the Register of Deeds of Davao City, which is more parcularly 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 Naonal Road, with a total area of 200 square meters, registered in the name of ARCHIE ANDREWS.”
That the af afor orem emen eno one ned d pa parc rcel el of la land nd ha hass a to tota tall la land nd area of 20 200 0 4. That square meters more or less, and it is easily divisible into two parcels both of which can conveniently serve as either residenal or commercial premises; 5. That That pla plain in ha had d se seve vera rall m mes es no no ed ed de defe fenda ndant nt of hi hiss de desi sire re an and d intenon to paron said property, and, for that th at purpose had presented and sub submi mied ed to def defenda endant nt a pro proje jectct-pla plan n of par paro on, n, whi which ch was prepared and draed by EMBBI Surveyor Firm a duly licensed surveyor, and an unprejudiced third party; 6. That That th the e af afor orem emen eno one ned d pr proj ojec ectt-pl plan an of pa par ro on n is a ve very ry fa fair ir an and d praccal division of the property in queson; 7. That That no notw twit iths hsta tandi nding ng re repe peat ated ed de dema mand ndss of th the e pl plai ain n, , de defe fend ndan antt refused, and sll refuses, whitout jusable cause or reason, to accede to the paron of said property.
PRAYER IN VIEW OF THE FOREGOING, it is most respecully prayed unto this Honorable Court that, aer hearing, judgment be rendered as follows: a. Orde Orderi ring ng the pa par ro on n of the parcel parcel of la land nd me men non oned ed and described in Paragraph 2 of this complaint, adopng, for the purpose of said paron, the project-plan perpared by EMBBI Surveying Firm copy of which will be presented at the day of the trial; b. Orde Orderi ring ng that the deter determi mina nao on n as to wh whic ich h of the two (2) parcels in said project-plan should pertain to either party be done by the choice of the pares; c. Orde Ordering ring defendan defendantt to execute execute and and sign all all necessary necessary papers papers or or deeds which shall give validity and eect to this paron; d. Or Orde deri ring ng defenda defendant nt to pay to plain plain th the e su sum m of P125. P125.00 00 which is equivalent to 50% of the amount paid by plain to the licensed surveyor for the preparaon of the project-plan; e. Cos Costt of suit suit and othe otherr relief relief.. Other reliefs which are just and equitable are likewise prayed for. Davao City, Philippines, February 7, 2020.
ARCHIE ANDREWS Plain
Assisted by:
Ay. Aven Sina B. Caubang Counsel for Plain Roll of Ay. 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
[email protected]
Republic of the Philippines ) S.S. Davao City
)
VERIFICATION/CERTIFICATION AGAINST VERIFICATION/CERTIFICATION FORUM SHOPPING
I, ARCHIE ARCHIE AND ANDREW REWS, S, of legal age, Filipino Cizen, married, aer having been duly sworn to in accordace with law, hereby depose and say: 1. That I am am the plain plain in the above above-ent -entled led case; case;
2. That I have cause the preparaon of the foregoing Comp Co mpla lain int/ t/Pe Pe on on an and d ha have ve re read ad th the e al alle lega gao ons ns co cont ntai aine ned d therein; 3. That That the allega allegaons ons in the said said com compla plaint int/pe /peo on n are true and correct of my own knowledge and authenc records; 4. I hereby hereby cerfy cerfy that that I hav have e not commen commence ced d any other other acon acon or proceeding involving the same issued in the Supreme Court, Court of Appeals, or any other tribunal or agency; 5. Tha That if I sho houl uld d the here rea ae err lea earrne ned d tha hatt a simi mila larr ac aco on n or proce pro ceed edin ing g ha hass be been en l led ed or is pe pendi nding ng be befo fore re th the e Su Supr prem eme e Court, court of Appeals or any other tribunal agency, I hereby imdertake to report that fact within ve (5) days therefrom to the cour co urtt or ag agen ency cy whe here rein in th the e or orig igin inal al pl plea eadi ding ng an and d sw swor orn n cercaon contemplated contemplated herein have been led; 6. I ex execu ecute ted d thi thiss ver veric ica aon/ on/ce cer rca caon on to ae aest st to the truth 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 axed my signature this 20th day of January 2020, in Davao City, Philippines.
ARCHIE ANDREWS Aant
SUBSCRIBED AND SWORN to before me this February 7, 2020 in the City of Davao, with aant exhibing to me his SSS ID, with ID No. 19837AC4 issued at Davao City on April 2019.
Doc. No. _____; Page No. _____; Book No. _____; Series of 2019.
