Republic of the Philippines

REGIONAL TRIAL COURT

11TH Judicial Region
Branch 26
Surallah, South Cotabato

EDGAR DEPRA, Civil Case No.____

Plaintiff,

- versus - - for -

PETER DEPRA, DRA. NIELA DEPRA, Judicial Partition of Real Estate,

ATTY. EDITHA DEPRA, DRA. LYDIA Accounting and Damages
DEPRA,
Defendants.
x---------------------------------------------------x

C O M P L A I N T

COMES NOW the Plaintiff by the undersigned counsel, and unto this
Honorable Court, respectfully avers:

1. That the Plaintiff is a Filipino, of legal age, married and a resident of

Ambalgan, Sto. Nino, South Cotabato;

2. That the Defendants are likewise Filipinos, of legal age and residents
of Poblacion Banga, Banga, South Cotabato;

3. That the Plaintiff is the acknowledged illegitimate son of the late ATTY.
JUAN P. DEPRA and GUADALUPE A. ORTIZ, a copy of Plaintiff’s
Certificate of Live Birth is herewith attached as Annex “A” and the
names of Atty. Juan Depra and Guadalupe A. Ortiz as appearing in the
Certificate of Live Birth is marked as Annexes “A-1” and “A-2”
respectively;

4. that ATTY. JUAN P. DEPRA died on January 22, 1993, copy of his
death certificate is herewith attached as Annex "B";

5. That during the lifetime of the late Atty. Juan P. Depra, he has further
recognized and acknowledged the herein Plaintiff as his son, a copy of
an acknowledgement letter dated November 27, 1984 is herewith
 attached as Annex "C" and the signature of Atty. Juan P. Depra is
further marked as Annex "C-1";

6. That the Defendants are the legitimate children of the late ATTY. JUAN
P. DEPRA and the late ILDEFONSA S. DEPRA;

7. That under Article 887 of the Civil Code of the Philippines, an

illegitimate child is a compulsory heir and is thus entitled to a legitime;

8. That the herein Plaintiff being the illegitimate child of the deceased, he
is thus entitled to a portion of the estate of the deceased;

9. That the herein parties, by virtue of intestate succession are now co-
owners of certain real properties left by the decedent to wit:

a.) Cadastral Lot No. 3098, located in Reyes, Banga, South

Cotabato consisting of 1,500 square meters more or less;

b.) A Residential House located on Lot 3203, located at Yangco,

Banga, South Cotabato;

c.) Cadastral Lot No. 2438, located in Brgy. Ambalgan, Sto. Nino,
South Cotabato consisting of 5.2505 hectares more or less;

d.) Cadastral Lot No. 3102- A located at Yangco, Banga, South

Cotabato consisting of 389 square meters more or less;

e.) Cadastral Lot No. F(XI- 4), F- 11- 03- 005213 located at
Matulas, San Vicente (6), Banga, South Cotabato containing an
area of 2.2483 hectares more or less;

f.) Lot No. 286 Pls 214- D- 16 located at Lower Talahik, Surallah,
South Cotabato consisting of 8.0005 hectares more or less;

g.) Lot No. 287 Pls - 214- D-16 located at Lower Talahik, Surallah,
South Cotabato consisting of 8.0104 hectares more or less;
 h.) Lot No. 311 and 312, Pls. 214 -D- 16 located at Lower Talahik,
Surallah, South Cotabato consisting of 16.9192 hectares more
or less where a storage house (Bodega) with a total Bldg. Area
of 15 square meters is located;

i.) Lot No. 305, Pls 214 -D -16 located at Lower Talahik, Surallah,
South Cotabato consisting of 8.0201 hectares more or less;

j.) Lot No. 306, Pls 214- D -16 located at Lower Talahik, Surallah,
South Cotabato consisting of 7.9283 hectares more or less;

k.) Lot No. 307, Pls 214- D -16 located at Lower Talahik, Surallah,
South Cotabato consisting of 7.6016 hectares more or less;

l.) Lot No. 308, Pls 214- D - 16 located at Lower Talahik, Surallah,
South Cotabato consisting of 7.7978 hectares 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 “D”;

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 P100, 000.00 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 50,000.00.

Such other reliefs just and equitable are likewise prayed for.

Koronadal City for (Surallah),Philippines. 26 April 2004.

ATTY.MICHAEL IGNES
Counsel for the Plaintiff
Roll of Attorneys No.43444
IBP No.579166-12-3-03
PTR NO.0970061-1-05-04
Koronadal City, South Cotabato
IGNES NADUA & BAYAN
LAW OFFICES
Rm. 1-A, Supermart Bldg.,
Koronadal City, South Cotabato

VERIFICATION AND CERTIFICATION

I, EDGAR DEPRA, Filipino, of legal age, and a resident of Ambalgan, Sto. Nino, South
Cotabato, after having been duly sworn to in accordance with law, hereby depose and say:

1. That I am the Plaintiff in the above-entitled case;

2. That I have caused the preparation of the above Complaint and have read
and understood the same;

3. That to the best of my knowledge and belief, the contents thereof are true
and correct and/ or based on authentic records;
 4. That I have not commenced any other action or proceeding involving the
same issue in the Supreme Court, the Court of Appeals or any other tribunal
or agency;

5. That to the best of my knowledge no such action or proceeding is pending in

the Supreme Court, the Court of Appeals or any other tribunal or agency;

6. That in the event that I learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals or any
other tribunal or agency, I hereby bind myself to report the said fact within
five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ___________,
2004 at the City of Koronadal, South Cotabato, Philippines.

EDGAR DEPRA
Affiant
CTC No._________
Issued On_______
At_____________

SUBSCRIBED AND SWORN TO before me this _____ day of __________________,

at the City of Koronadal, South Cotabato, Philippines.

Doc. No. ____ ;

Page No. ____ ;
Book No. ____ ;
Series of 2004.