Republic of the Philippines

REGIONAL TRIAL COURT

4th Judicial Region
Branch 59
Lucena City

MR. Simone Nakpil,

Petitioner,

CIVIL CASE NO. 777

-versus- For: Judicial Partition

MR. Yael Cruz,

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

No. 143 Agila St. Phase 3 Alpsville Subdivision Brgy. Ibabang Dupay,
Lucena City;

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

postal address at No. 20 Rivera Street, San Miguel, Pasay 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 Lincoln St. Brgy. 7,
Lucena City and covered by TCT No. 54321 issued by the Register
of Deeds of Lucena City, which is more particularly described as
follows:

TRANSFER CERTIFICATE OF TITLE NO. 54321

“A parcel of land located in the Brgy. 7, City of Lucena, known

as Lot B-2, 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 500 square meters, registered in the name of Simone Nakpil.”
4. That the aforementioned parcel of land has a total land area of 500
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 K2 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, without 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 K2
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 P8500.00
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.

Lucena City, Philippines, April 23, 2018.

 EMPRESE LAW OFFICE
Counsel for the Petitioner
RC Bldg., Lucena City

By:

MARY GRACE A. EMPRESE

IBP No. 09201987/2-5-15
PTRNo.221/10-2145/Leg.
Roll No. 878787

VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF LUCENA )S.S.

I, MR. SIMONE NAKPIL, 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 undertake
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 23
day of April 2018, in Legazpi City, Philippines.
MR. SIMONE NAKPIL
Affiant

SUBSCRIBED AND SWORN to before me this 23 day of April 2018, in

the City of Lucena, with affiant exhibiting to me his SSS ID, with ID
No. 1234 issued at Lucena City on April 2010.

Notary Public

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