Republic
of the Philippines
REGIONAL TRIAL COURT
_____ Judicial Region
Branch___
(Place of Jurisdiction)
NAME OF PLAINTIFF, Civil
Case No. ________
Plaintiff, FOR: Judicial Partition of Real
Estate, Accounting and Damages
-
versus -
NAME OF DEFENDANTS,
Defendants.
x---------------------------------------------------x
COMPLAINT
COMES NOW the Plaintiff, by the undersigned counsel, and unto this Honorable
Court, most respectfully avers:
1.
That the Plaintiff is a
Filipino, of legal age, married and a resident of ___________________;
2.
That the Defendants are
likewise Filipinos, of legal age and residents of ___________________;
3.
That the Plaintiff is the legitimate son of the
late ____________________, a copy of Plaintiff’s Certificate of Live Birth is herewith attached as
Annex “A” and the names of ____________________ and ____________________ as appearing
in the Certificate of Live Birth is marked as Annexes “A-1” and “A-2”
respectively;
4. That ____________________ died on ____________________, a copy of his death certificate is herewith attached as Annex
"B";
5.
That the Defendants are the
legitimate children of the late ____________________ and the late ____________________;
6.
That under the
Civil Code of the Philippines, plaintiff as a legitimate child is a compulsory heir and
is thus entitled to a legitime;
7.
That the herein Plaintiff being the legitimate child of the deceased, he is thus entitled to a portion of the
estate of the deceased;
8.
That the herein parties, by
virtue of intestate succession are now co- owners of certain real properties
left by the decedent to wit:
a.) A parcel of land ___________________, located in ____________________
consisting of ____________________ square meters more or less;
b.) A Residential House located on ____________________, located at ____________________;
c.) A parcel of land ___________________, located in ____________________
consisting of ____________________ square meters more or less;
d.) A parcel of land ___________________, located in ____________________
consisting of ____________________ square meters more or less;
e.) A parcel of land ___________________, located in ____________________
consisting of ____________________ square meters more or less;
10. That the Plaintiff desires that the above real estates be
partitioned between the parties;
11. That the Plaintiff has requested from the Defendants for the
accounting of the income and the fruits of the estate as well as the amicable
partition by mutual agreement of the above- described properties/ real estate
but the said defendants vehemently refused, a copy of the Certificate to File
Action is herewith attached as Annex “C”;
12. That the Defendants have long enjoyed their respective shares out of
the estate without giving to the Plaintiff his rightful share as a compulsory
heir;
13. That up to the present, the above- described properties/ real estate
have not been partitioned among the parties and no portion of the estate have
been given to the Plaintiff.
WHEREFORE, it is most respectfully prayed to the Honorable Court:
(a.) That after due hearing, a Decision be rendered ordering the
Partition of the estate between the Plaintiff and Defendants as compulsory
heirs of the deceased, share and share alike;
(b.) That a decision be rendered ordering the Defendants to give a full
account of the income and fruits of the estate from the date of the death of
the decedent up to the present and to give the Plaintiff his rightful share
from such income and fruits;
(c.) That the Defendants be made to pay the Plaintiff Attorney’s fees in
the amount of ________________________ and the other costs and expenses of these
proceedings amounting to _____________ be taxed against the Defendants;
(d.) That the Defendants be held liable for Exemplary Damages in the
amount of ________________________.
Such
other reliefs just and equitable are likewise prayed for.
________________________,Philippines. (Date of Filing).
(LAWYER DETAILS)
Republic of the Philippines )
City of _______________ ) S.S.
VERIFICATION & CERTIFICATION
OF NON-FORUM SHOPPING
I,
_____________________, of legal age, Filipino, and a resident of _________________, Philippines, on oath, hereby depose and state:
1.
That I am the Plaintiff in the above-entitled case;
2.
That I have caused the preparation and filing of the foregoing Complaint;
3.
That I have read the allegations contained herein and the same are true and correct
based on our personal
knowledge and based on authentic documents in my possession;
4.
That
the pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation;
5.
That
the factual allegations therein have evidentiary support or, if specifically,
so identified, will likewise have evidentiary support after a reasonable
opportunity for discovery;
6.
That I have not
theretofore commenced any action or filed any claim involving the same issues
in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending therein; that if I should
thereafter learn that the same or similar action or claim has been filed or is
pending, I shall report that fact within five (5) calendar days therefrom to
this Honorable Court.
IN WITNESS WHEREOF, I have hereunto affixed our signatures this ____the day of
___________________ in ___________________, Philippines.
NAME OF AFFIANT/COMPLAINANT
SUBSCRIBED AND SWORN to before me this ____ day of _________________at ___________________, Philippines. Affiant who exhibited to
me his Identification Card __________________ as valid proof of
identity.
Doc No. ______;
Page No. _____;
Book No. _____;
Series of _____.
