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    Plaint

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    Arnel Bagsic Tacasa
    1. The plaintiffs, heirs of Randy Tarabitab, filed a complaint against the defendants, heirs of Kardo Tarabitab, for judicial partition, accounting, and damages regarding a 10-hectare property covered by TCT No. 10001. 2. The plaintiffs and defendants are co-owners of the property, which was originally registered under the Rural Bank but was conveyed to their late fathers. 3. The plaintiffs have been paying the real property taxes without contribution from the defendants, who now claim sole ownership and refuse demands for partition. 4. The plaintiffs seek a court-ordered partition of the property, an accounting of harvests and rentals, and damages for moral shock

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    Plaint

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    Arnel Bagsic Tacasa
    71 views4 pages
    1. The plaintiffs, heirs of Randy Tarabitab, filed a complaint against the defendants, heirs of Kardo Tarabitab, for judicial partition, accounting, and damages regarding a 10-hectare property covered by TCT No. 10001. 2. The plaintiffs and defendants are co-owners of the property, which was originally registered under the Rural Bank but was conveyed to their late fathers. 3. The plaintiffs have been paying the real property taxes without contribution from the defendants, who now claim sole ownership and refuse demands for partition. 4. The plaintiffs seek a court-ordered partition of the property, an accounting of harvests and rentals, and damages for moral shock

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    1. The plaintiffs, heirs of Randy Tarabitab, filed a complaint against the defendants, heirs of Kardo Tarabitab, for judicial partition, accounting, and damages regarding a 10-hectare property covered by TCT No. 10001. 2. The plaintiffs and defendants are co-owners of the property, which was originally registered under the Rural Bank but was conveyed to their late fathers. 3. The plaintiffs have been paying the real property taxes without contribution from the defendants, who now claim sole ownership and refuse demands for partition. 4. The plaintiffs seek a court-ordered partition of the property, an accounting of harvests and rentals, and damages for moral shock

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    71 views4 pages

    Plaint

    Uploaded by

    Arnel Bagsic Tacasa
    1. The plaintiffs, heirs of Randy Tarabitab, filed a complaint against the defendants, heirs of Kardo Tarabitab, for judicial partition, accounting, and damages regarding a 10-hectare property covered by TCT No. 10001. 2. The plaintiffs and defendants are co-owners of the property, which was originally registered under the Rural Bank but was conveyed to their late fathers. 3. The plaintiffs have been paying the real property taxes without contribution from the defendants, who now claim sole ownership and refuse demands for partition. 4. The plaintiffs seek a court-ordered partition of the property, an accounting of harvests and rentals, and damages for moral shock

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    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    FIRST JUDICIAL REGION
    BRANCH 47
    URDANETA CITY, PANGASINAN

    The Heirs of Randy Tarabitab,


    namely: Josie, Rikardo, Rene and
    Maricar, all surnamed Tarabitab,
    As represented by their Atty.-in
    Fact JOSIE M. TARABITAB,
    Plaintiffs,

    - Versus - CIVIL CASE NO. U-001


    For: Judicial Partition
    Accounting and Damages

    The Heirs of Kardo Tarabitab,


    namely: Romy, Abelardo, and Lyra,
    all surnamed Tarabitab,
    Defendants.
    x-----------------------------------x

    COM PL AIN T

    Plaintiffs, through the undersigned counsel, and unto this Honorable Court, most respectfully states
    that:

    1. They are of legal age, Filipino citizens and residents of Brgy. Poblacion, Manaoag, Pangasinan,
    where notices and other court processes may be served. They are represented by their mother and
    co-plaintiff, Josie Tarabitab, as evidenced by a Special Power of Attorney hereto attached as Annex
    “A”;

    2. Defendants are all of legal age, Filipino citizens and residents of Brgy. Pinmaludpod, Urdaneta
    City, Pangasinan, where they may be served with summons, notices and other court processes;

    3. The parties are co-owners of a certain parcel of land particularly described as follows:

    “a parcel of land (Lot No. 001-A of the Urdaneta City Cadastre) situated in the Barrio of
    Pinmaludpod, Urdaneta City, Pangasinan, Island of Luzon. xxxxxx containing an area of 10
    nhectares” Covered under Transfer Certificate of Title (TCT) No. 10001 of the Registry of Deeds for
    the Province of Pangasinan which is hereto attached as Annex “B”;

    4.The property was originally registered in the name of Rural Bank but was conveyed to the late
    Randy Tarabitab and Randy Tarabitab, husband Practice Court 2 (Complaint) Professor: Judge
    Villarin and father oh herein parties, respectively, as evidenced by a Deed of Sale, which is hereto
    attached and marked as Annex “C”;

    5.It is the plaintiffs who are paying the Real Property Tax due on the subject property without any
    contribution coming from the defendants as evidenced by an Official Receipt dated December 4,
    2018, which is hereto attached and marked as Annex “D and series”;

    6. As co-owners, plaintiffs requested the defendants that they partition the land in question.
    However, despite several oral demands, defendants refused. They even claim the whole property
    covered by TCT No. 10001 solely as their own;

    7. Plaintiffs have no other recourse but to file a case at the Barangay Lupong Tagapamayapa of
    Pinmaludpod, Urdaneta City, where the property is located. Hearings were conducted on November
    30, 2018, December 9, 2018 and December 23, 2018;

    8. Defendants disregarded all the notices and clearly refused to settle the matter, thus, the
    concerened barangay was constrained to issu a certification that the case may now be filed in Court.
    Copy of the said certification is hereto attached and marked as Annex “E”;

    9. Considering that the subject property is part residential and part agricultural, there is a need for
    the defendants to account for all the fruits/harvests thereof because for several years they have
    deprived the plaintiffs of their just share over the same.

    10. Despite demands from the plaintiffs, defendants were adamant in their desire to just take
    everything from the subject land without considering the rights of their co-owners thereto;

    11. Plaintiffs exerted all efforts towards a compromise to the end that the parties hereto can arrive
    at a partition of the subject property, without going to Court, but such efforts proved futile;

    12. By reason of defendants’ unjust refusal to partition the land in question and unfairly
    appropriating the same as their own property, plaintiffs suffered from serious anxiety, sleepless
    nights and moral shock as and are entitled by way of moral damages amounting to seventy thousand
    pesos (Php70,000.00);

    13. Plaintiffs were forced to litigate and incurred attorney’s fee in the amount of fifty thousand
    pesos (Php50,000.00) and three thousand pesos (Php3000.00) appearance fee per hearing of
    counsel; Practice Court 2 (Complaint) Professor: Judge Villarin

    DOCUMENTARY EVIDENCE TO BE PRESENTED

    1. Special Power of Attorney;


    2. Transfer Certificate of Title (TCT) No. 10001;
    3. Deed of Sale;
    4. Tax Receipts;
    5. Cerification.

    WITNESSES TO BE PRESENTED
    a. JOSIE TARABITAB, who will be presented to testify for and in behalf of her co-plaintiffs. She will
    substantiate her allegations in this suit, identify documents relative thereto and will testify on other
    related matters. She will likewise identify her Judicial Affidavit which shall be treated as her direct
    testimony in Court;
    b. Other witnesses who are unavailable as of this moment shall be presented and plaintiffs pray for
    reservation to present them when the need arises;

    WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that
    judgment be rendered as follows:

    A. Ordering the partition of the subject property among plaintiffs and defendants;
    B. Ordering as to which portion should belong to each parties, and requiring all the parties to execute
    and sign all necessary deeds or documents which would give effect and validity to the partition;
    C. Ordering the defendants to account for all produce, harvests and rentals, if any, respectively of
    the land in question.

    Other reliefs just and equitable under the premises are likewise prayed for.
    Urdaneta City, Pangasinan, this 29th day of March 2021.
    MIRANDA SUA ROJAS RAMIREZ MANAS CAPUDOY & ERAÑA LAW OFFICE Counsel for the
    Plaintiffs E-mail Address: @gmail.com Urdaneta City, Pangasinan By:

    JOCELYN MIRANDA
    PTR No. 0000001;1-3-20, Urdaneta City, Pangasinan
    IBP No. 000002; 1-5-20; Pangasinan Chapter
    Roll No. 70001; Page 01; Book No. XXII; May 9, 2020
    MCLE Compliance No. VI-0018801; Valid until 4-14-22 TIN: 291-141-268; Contact No.
    09368159534 E-mail Address: @gmail.com Practice Court 2 (Complaint) Professor: Judge Villarin

    VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

    I, Josie Tarabitab, of legal age, married, and resident of Barangay Poblacion, Manaoag, Pangasinan,
    after having been duly sworn to, depose and say:
    1. That I am the plaintiff and Atty.-in-fact, respectively, in the above-entitled complaint;
    2. That I have caused the preparation of the said complaint;
    3. That I have read the allegations therein contained, and that the same are true and correct based
    on my own personal knowledge and based on authentic documents;
    4. That the complaint is not filed to harass, cause unnecessary delay, or needlessly increase the cause
    of litigation
    5. That the factual allegations therein have evidentiary support or if specifically so identified, will
    likewise have evidentiary support after reasonable opportunity for discovery;
    6. That I further certify that:

    a. I have not theretofore commenced any action or filed any claim involving the same issue or 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;

    b. Should I thereafter learn that a similar action or claim has been filed or pending before, I
    undertake to report that fact within five (5) calendar days therefrom to the Honorable Court.

    IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of March 2021 in San
    Fabian, Pangasinan.
    JOSIE TARABITAB Affiant T.I.N. 000-111-222
    SUBSCRIBED AND SWORN to before me this 29th day of March 2021 in Urdaneta City,
    Pangasinan, affiant exhibiting to me her identifying document written below her name.

    ANA RAMIREZ Notary Public until December 31, 2021 PTR No. 0000002;1-3-20, Urdaneta
    City, Pangasinan IBP No. 000002; 1-5-20; Pangasinan Chapter Doc. No. 17; Page No. 35; Book
    No. 8; Series of 2000

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