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Tiu, Jennafer P.

Republic of the Philippines


REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 5
Baguio City

SONNY RIVERA,
Petitioner,
CIVIL CASE NO. 129830
-versus- For: Judicial Partition

ALDEN MATTHEW,
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,single, with postal


address at No. 8 Brgy. Country Club, Baguio City;

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


at 75 Balili, La Trinidad, Benguet, 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 Upper Bonifacio, Baguio
City and covered by TCT No. 192837 issued by the Register of
Deeds of Baguio City, which is more particularly described as
follows:

TRANSFER CERTIFICATE OF TITLE NO. 192837

“A parcel of land located in Upper Bonifacio, City of Baguio,


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 Sonny Rivera.”

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.

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Tiu, Jennafer P.

6. 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;

7. That the aforementioned project-plan of partition is a very fair and


practical division of the property in question;

8. 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 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.
City of Baguio, Philippines, this 20th day of November 2018.

ATTY. JENNAFER P. TIU


Counsel for the Petitioner
Until December 31, 2023
Unit 8J - 01 & 12 7th Floor,
Porta Vaga Mall Annex
Session Road, Baguio City
Attorney’s Roll No. 87118; 06.06.18
IBP No. 032118; 07.18.2018; Baguio City
PTR No. 3875421; 07.18.2018; Baguio City
MCLE Compliance No. IV-0000987; 07.27.2018

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Tiu, Jennafer P.

REPUBLIC OF THE PHILIPPINES )


CITY OF BAGUIO )S.S.

VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING

I, SONNY RIVERA, 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 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
20 day of November 2018, in Baguio City, Philippines.
th

SONNY RIVERA
Affiant

SUBSCRIBED AND SWORN to before me this 20th day of November


2018, in the City of Baguio, with affiant exhibiting to me his Drivers License,
with ID No. B03-7913243-12 issued at Baguio City on April 6, 2018.

ATTY. JENNAFER P. TIU


Notary Public
Until December 31, 2023
Unit 8J - 01 & 12 7th Floor,
Porta Vaga Mall Annex
Session Road, Baguio City
Attorney’s Roll No. 87118; 06.06.18
IBP No. 032118; 07.18.2018; Baguio City
PTR No. 3875421; 07.18.2018; Baguio City
Doc. No. 88; MCLE Compliance No. IV-0000987; 07.27.20183
Page No. 13;
Book No. I;
Series of 2018