REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Represented by AAA A AAA,
-versus- Special Proceeding No.
LRA Case No. _______
For: JUDICIAL PARTITION
THE ESTATE OF THE LATE XXX X
XXX and the HEIRS of Sps.
XXX X XXX and HHH H HHH,
COMES NOW, the Petitioner by Counsel and unto this Honorable Court respectfully states:
1. Petitioner is a domestic corporation, duly registered with Securities and Exchange Commission, with office address at Unit 101 Roseland Building, Banahaw Avenue, Quezon City, where it may be serve with court’s orders, notices, decisions, summons and other court’s processes while Defendants are with legal capacity and with residence address at 123 Kalayaan Avenue, Quezon City, where they may be serve with summons, orders, notices, notices and other court’s processes;
2. Defendants are the registered owners of a parcel of land located in Quezon City, covered by TCT No. 45678 of the Registry of Deeds for Quezon City, containing an area of 800 square meters, more or less, copy of which is hereto attached as Annex “A”;
3. The said property of the defendants was mortgaged to the herein Petitioner sometime in July 2005 to secure the mortgage obligation of XXX X XXX, with the petitioner in the amount of One Million Pesos (P1,000,000.00), copy of the Real Estate Mortgage is hereto attached as Annex “B” and made integral part hereof;
4. Upon default in the payment of the mortgage obligation by the mortgagors XXX X XXX to herein petitioner, the same property was foreclosed and a sheriff Certificate of Sale was issued on July 16, 2012 in favor of the petitioner as shown in the Entry No. 201255-23-345 inscribed at the back of TCT No. 45678 Registry of Deeds for Quezon City;
5. The petitioner was able to register the highest bid for the said property in the amount of P1,900,000.00;
6. On 19 October 2013, the petitioner consolidated the ownership of the said property in its favor by executing an affidavit of consolidation as per Entry No. 2345-678 dated 13 November 2013 shown at the back of TCT No. 45678;
7. On February 16, 2014, the petitioner requested the defendants to voluntarily execute a Deed of Partition over the said property covered by TCT No. 45678 but despite of which, the latter failed and refused to do so, copy of which is hereto attached as Annex “C”and made integral part hereof;
8. Forced to litigate, the petitioner was constrained to engaged the services of a counsel for a fee of P50,000.00 by way of attorney’s fees and expenses per court appearance in the amount of P4,000.00 for which the defendants should be held liable and the same must be paid to the Petitioner;
WHEREFORE, premises considered, it is most respectfully prayed of the Honorable Court that after due hearing, a decision be rendered in favor of the petitioner and against herein defendants, as follows:
1. Ordering the defendants to execute a Deed of Partition over TCT No. 45678 of the Registry of Deeds for Quezon City, dividing the property covered thereof into two equal shares, one-half (½ ) thereof goes to the Petitioner and the other half goes to the Defendants. In case of unjust refusal of the respondents, the Branch Clerk of Court of this Honorable Court be authorized to execute the said Deed of Partition of Real Property;
2. Ordering the Respondents to pay the sum of P50,000.00 by way of attorney’s fees and the expenses incurred in the filing of this suit and its prosecution;
3. To pay the cost of the suit.
Such other reliefs and remedies deemed just and equitable under the premises are likewise prayed for.
Manila for Quezon City, October 19, 2014.
ATTY. HHH H HHH
IBP No. _______/__________/Manila
PTR No. ______/_________/Manila
Roll No. ________
MCLE Compliance Certificate No. _________________
REPUBLIC OF THE PHILIPPINES}
QUEZON CITY } S.S.
VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING
I, AAA A AAA, of legal age, married with office and corporate address at _______________________________, after having been duly sworn to in accordance with law hereby deposes and states that:
1. I am the duly authorized representative of BBB Corporation, as evidenced in the Secretary’s Certificate dated ____________. (Annex “D”);
2. I caused the preparation of the foregoing Petition, read and understood the contents thereof, and hereby attests that the same are true and correct of his own knowledge and from available authentic documents in the possession of the Corporation;
3. I certify that Plaintiff has not commenced any action involving the same issues before the Supreme Court, Court of Appeals, or other quasi-judicial body, that to the best of his knowledge no such action is pending before said court, tribunal or agency, and that should he learns thereafter of the pendency of any such similar action, he undertakes to report the same to this Court in five (5) days from notice.
AAA A AAA
SUBSCRIBED AND SWORN to before me this____day of ____________ 2014, affiant exhibited to me his LTO Driving License No. NOP-04-2345678 issued on 11/12/2013 at Quezon City, Philippines.
Doc. No.: ______;
Page No.: ______;
Book No.: ______;
Series of ________.