Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch ___
Cebu City
Sps. Romeo and Brigida Palomo,
Plaintiffs,
CIVIL

CASE

NO.

_____
-versus-

For: Judicial Partition

Crispin Sanchez and Diana Sanchez,

Defendants.
x-----------------------------------x
COMPLAINT
COMES NOW, the Plaintiffs, through the undersigned
counsel, and unto this honorable court, most respectfully
avers:
THE PARTIES
1. That Plaintiffs are of legal age, lawfully married to
each other, Filipino Citizens, with postal address at
#5 Forest Hills, Banawa, Cebu City;
2. That Defendants are of legal age, lawfully married to
each other, Filipino Citizens, with postal address at
#6 Forest Hills, Banawa, Cebu City where the may be
served with summons and other processes by this
Honorable Court;
CAUSE OF ACTION
3. That Angela P. Sanchez, Filipino and resident of #6
Forest Hills, Banawa, Cebu City at the time of her
death, died intestate on July 30, 2014. Copy of her
death certificate is hereto attched as Annex A;
4. That Plaintiffs together with the Defendant Crispin
Sanchez are the only known heirs of the
abovementioned decedent. The Plaintiffs are the

legitimate parents of the decedents while Defendant

Crispin is the decedents widower.
5. That Plaintiffs Romeo and Brigida and Defendant
Crispin Sanchez are co-owners pro indiviso, in the
proportion of 1:1:6 respectively, of one parcel
of land situated at #6 Forest Hills, Banawa, Cebu
City and covered by TCT No. 181434 issued by the
Register of Deeds of Cebu City, which is more
particularly described as follows:
TRANSFER CERTIFICATE OF TITLE NO. 181434
A PARCEL OF LAND (LOT 6 OF THE CONSOLIDATIONSUBDIVISION PLAN (LRC) PCS- 8745, BEING A PORTION OF THE
CONSOLIDATION OF LOTS 3, 4, AND 5, BLOCK 3, PSD-64620, L.R.C
CAD. REC. NO. 9469), SITUATED IN THE CITY OF CEBU, ISLAND
OF CEBU. BOUNDED ON THE NE., AND E., POINTS 1 TO 4 BY LOT
15, ON THE S., POINTS 4 TO 5 BY LOT 7, BOTH OF THE
CONSOLIDATION-SUBDIVISION PLAN. BEGINNING AT A POINT
MARKED 1 ON PLAN BEING N. 18 DEG. 59E., 723.19 M FROM
BM NO. 49, CEBU CADASTRE; THENCE S.49 DEG. 34E., 3.04 M. TO
POINT 2; THENCE S. 27 DEG. 08E., 4.01 M. TO POINT 3; THENCE S.
4 DEG 25E., 15.74 M. TO POINT 4; THENCE N. 88 DEG. 35W., 3.66
M. TO POINT 5; THENCE N.49 DEG. 34W., 15.00 M. TO POINT 6;
THENCE N. 40 DEG. 24E., 15.00 M. TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF ONE HUNDRED EIGHTY TWO (182)
SQUARE METERS MORE OR LESS.
6. That Plaintiffs Romeo and Brigida and Defendant
Crispin Sanchez are co-owners pro indiviso, in the
proportion of 1:1:6 respectively, of the house
situated at aforementoned parcel of land with
building permit (add Bldg. Permit later)
7. That the estate of the decedent has no known legal
indebtedness;
8. That Plaintiffs notified Defendant of their desire and
intention to partition said property, and, for that
purpose had given a letter demanding their share in
their daughter Angelas estate;
9. That notwithstanding the demand of the Plaintiffs,
Defendant refused, and still refuses, without
justifiable cause or reason, to accede to the partition
of said property.

10. That the said estate remains undivided up to this

date and it will be to the best interest of all heirs that
the same be partitioned judicially.
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 5 and the
house mentioned in Paragraph 6 of this complaint
between Plaintiffs and Defendant.
b. Ordering that the defendant deliver the share of
the Plaintiffs in the aforementioned properties or
the value thereof;
c. Ordering defendant to execute and sign all
necessary papers or deeds which shall give
validity and effect to this partition;
d. Cost of suit and other relief.
Other reliefs which are just and equitable are likewise
prayed for.
Cebu City, Philippines, August 20, 2016.
JMA LAW OFFICE
Counsel for the Petitioner
ABS Bldg., I2, I.T. Park
Cebu City
By:
WENDELL K. ANG
IBP

No.

1231231/2-5-16
PTRNo.123/10-2203/Leg.
Roll
No.
123123
MCLE IV/ 1722/ 2-10-16
VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES )

CITY OF LEGAZPI

)S.S.

WE, ROMEO AND BRIGIDA PALMO, of legal age,

Filipino Citizens, married to each other, after having been
duly sworn to in accordace with law, hereby depose and say:
1. That we are the Plaintiffs in the above-entitled case;
2. That we 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 our own knowledge and authentic
records;
4. We hereby certify that we 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 we 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, we 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. We 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, We have hereunto affixed our
signatures this 20th day of August 2016, in Cebu City,
Philippines.
Romeo Palmo
Affiant

Brigida Palmo
Affiant

SUBSCRIBED AND SWORN to before me this 20th day of

August 2016, in the City of Cebu, with affiants
exhibiting to me their Drivers license G09-09090909
and G10-101010110 issued at Ceb City on April 2015
and May 2014 respectively.

ATTY. WENDELL K. ANG

Notary Public of Cebu City
Until December 31, 2016
IBP No. 1231231/2-5-16
PTRNo.123/10-2203/Leg.
Roll No. 123123
MCLE IV/ 1722/ 2-10-16
Doc. No. 8888;
Page No. 65;
Book No. 25;
Series of 2016.