REPUBLIC
OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
QUEZON CITY
BRANCH______
BBB CORPORATION
Represented by AAA A AAA,
Petitioner,
-versus-
Special Proceeding No.
LRA Case No. _______
For: JUDICIAL PARTITION
REAL PROPERTY
THE ESTATE OF THE LATE XXX X
XXX and
the HEIRS of
Sps.
XXX X XXX
and HHH H HHH,
Respondents.
x---------------------------------------------------------x
PETITION
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;
PRAYER
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.
By:
ATTY. HHH H HHH
(office address)
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
Affiant
JURAT
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.
NOTARY
PUBLIC
Doc. No.: ______;
Page
No.: ______;
Book
No.: ______;
Series
of ________.
