Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Branch ___
Carmen, Bohol

MR. BERNABE TORRENTIRA, et.al

Petitioner,

CIVIL CASE NO. _____

-versus- For: Judicial Partition

MR. MESAEL TORRENTIRA,

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, with postal address at

#1136-A A. Maceda Street, Legazpi City;

2. That Defendant Mesael Torrentira, is of legal age, Filipino Citizen, a

resident of Katipunan, Sagbayan, Bohol, 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 four

parcels of land situated at Katipunan, Sagbayan, Bohol and covered
by TD No. 2008-36-0009-00305, TD No. 2008-36-0009-00250, TD
No. 2008-36-0009-00304, TD No. 2008-36-0009-00252 issued by
the Office of the Municipal Assesssor of Sagbayan, Bohol which is
more particularly described as follows:

TD No. 2008-36-0009-00305

“A parcel of land located in Katipunan, Sagbayan, Bohol, known as

CAD Lot No. 2853, bounded on the north by Lot No. 2847, on the South
by Lot No. 2856, on the west by Lot No. 2852, and on the East by Lot
No. 2854, with a total area of 2,125 square meters, registered in the
name of Braulio Torrentira.”
TD No. 2008-36-0009-00250
“A parcel of land located in Katipunan, Sagbayan, Bohol, known as
CAD Lot No. 2848, bounded on the north by Lot No. 2841,2892 and a
creek, on the South by Lot No. 2850 and 2849, on the East by Lot No.
2847 and 2851, and on the West by Lot No. 2849 and 2887, with a total
area of 14, 392 square meters, registered in the name of Braulio
Torrentira.”

TD No. 2008-36-0009-00304

“A parcel of land located in Katipunan, Sagbayan, Bohol, known as

CAD Lot No. 2852, bounded on the north by Lot No. 2851, on the South
by Lot No. 2858, on the East by Lot No. 2853, and on the West by Lot
No. 2850, with a total area of 3,606 square meters, registered in the
name of Braulio Torrentira.”

TD No. 2008-36-0009-00252

“A parcel of land located in Katipunan, Sagbayan, Bohol, known as

CAD Lot No. 2851, bounded on the north by Lot No. 2848, on the South
by Lot No. 2850, on the East by Lot No. 2847, and on the West by Lot
No. 2848, with a total area of 5,569 square meters, registered in the
name of Braulio Torrentira.”

4. That the aforementioned parcel of land has a total land area of 25,
692 square meters more or less;

5. 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;

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

practical division of the property in question;

7. That notwithstanding repeated demands of the plaintiff, defendant

refused, and still refuses, whitout 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, equally among ten
(10) claimants;
b. Ordering that the determination as to which portion of the four
(4) 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. Cost of suit and other relief.

Other reliefs which are just and equitable are likewise prayed for.

Legazpi City, Philippines, March 31, 2005.

ABOGADO LAW OFFICE

Counsel for the Petitioner
Rasi Bldg., Legazpi City

By:

ABOGADO A. ABOGADO
IBP No. 1231231/2-5-05
PTRNo.123/10-2203/Leg.
Roll No. 123123

VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF LEGAZPI )S.S.

I, MR. X, of legal age, Filipino Citizen, married, after having been duly
sworn to in accordace 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 imdertake
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 ___

day of March 2005, in Legazpi City, Philippines.
MR. X
Affiant

SUBSCRIBED AND SWORN to before me this __ day of March 2005, in

the City of Legazpi, with affiant exhibiting to me his SSS ID, with ID
No. 1234 issued at Legazpi City on April 2001.

Notary Public

Doc. No.____;
Page No.____;
Book No.____;
Series of 2005.