Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 84
Quezon City

SPECIAL CIVIL ACTION NO. 1234

For: PARTITION, ACCOUNTING,
AND DAMAGES
ANTONIO RABANAL and
JOSE RABANAL
Plaintiffs.
-vs-

BONIFACIO RABANAL
Defendant.
x----------------------------x
COMPLAINT

COME NOW, Plaintiffs through the undersigned counsel, and unto this
Honorable Court, most respectfully allege that:

THE PARTIES

1. Plaintiffs, all of legal age, Filipino Citizens, single, and residents of

Barangay Vasra, Quezon City, 1128 Metro Manila, may be served with
all orders, notices, and legal processes from this Honorable Court at
the address of the latter’s counsel at 2f, AOE Bldg., 15 Pilapil St.,
Centro 10, Tuguegarao City, Cagayan;

2. Defendant, also of legal age, Filipino citizen, single, with residence and
postal address at 17 Romans St, Brgy Sacred Heart Village, Quezon
City, 1128 Metro Manila, where summons, orders, notices, and other
legal processes issued by this Honorable Court may be served;
JURISDICTION AND VENUE
3. The parcel of land covered by Transfer Certificate of Title No. 12345
situated in Quezon City which covers an area of 80,000 square meters
with an assessed value of PHP 4,000,000.00. A copy of the tax
declaration no. 98776 of the said parcel of land is hereto attached as
Annex “A”;
4. The three-door apartments constructed on the parcel described in
paragraph 3 has an assessed value of PHP 6,000,000. A copy of the tax
declaration no. 877654 of the said improvements are hereto attached
as Annex “B”;
5. While the Agricultural land situated in Sta. Ana Cagayan containing an
area 50, 000 square meters which is covered by Transfer Certificate of
Title No. T-7890 with an assessed value of PHP 800, 000. A copy of the
tax declaration no. 76654 of the said land is hereto attached as Annex
“C”;
6. The jurisdiction is properly laid down considering that all the assessed
value of the aforementioned properties exceeds PHP 400, 000;

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COMPLAINT
7. Venue is properly laid before this Honorable Court since the last
known residence of Spouses Rabanal was in Quezon City. A copy of the
certificate of residency issued by the barangay and senior citizen’s
Identification Cards are hereto attached as Annex “D” and “D-1”;
Rule 73, Section 1 of the Rules of Court reads:
Section 1. Where estate of deceased persons settled. — If the
decedent is an inhabitant of the Philippines at the time of his
death, whether a citizen or an alien, his will shall be proved, or
letters of administration granted, and his estate settled, in the
Court of First Instance in the province in which he resides
at the time of his death, and if he is an inhabitant of a
foreign country, the Court of First Instance of any province
in which he had estate. The court first taking cognizance of the
settlement of the estate of a decedent, shall exercise jurisdiction to
the exclusion of all other courts.

STATEMENT OF FACTS

8. The PARTIES are the Heirs and Successors-in-interest of SPOUSES

Maria De Leon Rabanal and Esteban Rabanal. Original copies of the
birth certificates of the plaintiffs are hereto attached as Annexes “E
and “E-1”, respectively;
9. During the lifetime of Spouses Rabanal, they acquired several parcels
of land, including Transfer Certificate of Title No. T-123456, which
covers an area of 50,000 square meters located in Sta. Ana, and
Transfer Certificate of Title No. 6789, which covers 80,000 square
meters and is situated in Quezon City, where three-door apartments
were constructed. Electronic copies of the TCT No. T-123456 and TCT
No. 6789 are hereto attached as Annexes “F” and “F-1”,
respectively;
10. In the year 2003 and 2004, the spouses Rabanal died
respectively, without leaving a will. Original copies of the death
certificates of Spouses Rabanal are hereto attached as Annexes “G”
and “G-1”, respectively;
11. Defendant quit his work as a postman and accepted boarders to
the apartments and received all the rentals derived therein worth SIX
HUNDRED THOUSAND PESOS (PHP600,000.00) per year. Copies of the
acknowledgement receipts for rental received from the boarders
amounting to PHP 600, 000.00 annually are hereto attached as
Annexes “H series”;
12. The defendant also received all the landowner’s share of the
agricultural properties in Sta. Ana worth FIVE HUNDRED THOUSAND
PESOS (PHP500,000.00) per year. Copies of the acknowledgement
receipts from the tenants are hereto attached Annex “I series”;
13. The plaintiffs repeatedly sent notices of meetings via text
messages to the defendant to discuss the possible settlement of the
properties left by their deceased parents. Copies of the screen shots of
the text messages of the plaintiffs to the defendants are hereto
attached as Annex “J”
14. The plaintiffs referred the matter to the barangay to amicably
settle the issue. However, despite the earnest efforts of the plaintiffs to

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COMPLAINT
 reach a compromise agreement, no agreement was reached by the
parties. Hence, the barangay issued a certificate to file action. Original
copy of the Certificate to file action is hereto attached as Annex “K”;

FIRST CAUSE OF ACTION

15. Plaintiffs and Defendants are co-owners of the aforementioned

properties located in Sta. Ana, Cagayan, and Quezon City by virtue of
intestate succession. The properties are more particularly described as
follows:
Transfer Certificate Title No. T-12345

Beginning at point marked 1 on plan H-201967, S. 8-

11' w. 858.98m. from B.L.B.M. No. 2, Bo. 2. Bo. of Brgy
Sacred Heart Village, Quezon City, thence S.69-
18'E.21.12m. to point 3; S.70-23'E. 20.73m. to
point 4: S.70-52’E. 21.07m. to point 5; S.70-25'E.
20.91m. to point 6; S.71-10’E. 21.03. to point 7; S.67-57’E.
13.64m. to point 8; S.75-12’E. 183.43m. point 9; S.12-10’W.
236.40m. to point 10; S.77-53'W. 229.44m. to point
11; S.17-53W. 19.38m. to point 12; S.60-19’W. 102.97m. to
point 13; N. 51-09’W.166.68m. to point 14; N.12-02'E.
202.58m. to point 15; N.11-22’E. 162.30m. to point 16;
N.37-51’E. 138.60m. to point 17; N.50-23'E. 64.93m.
to point 18; S.68-30'E. 21.13m. to point 1, point of
beginning. Containing an area of 80, 000 square meters

Transfer Certificate Title No. T-67890

“Beginning at point marked 1 on plan B-7192019, S.
8-11' w. 858.98m. from B.L.B.M. No. 2, Bo. 2. Bo. Of
Centro Sta. Ana, Cagayan, thence S.69-18' E.21.12m.
to point 3; S.70-23' E. 20.73m. to point 4: S.70-52’E.
21.07m. to point 5; S.70-25'E. 20.91m. to point 6;
S.71-10’E. 21.03. to point 7; S.67-57’E. 13.64m. to point 8;
S.75-12’E. 183.43m. point 9; S.12-10’W. 236.40m. to point
10; S.77-53'W. 229.44m. to point 11; S.17-53W.
19.38m. to point 12; S.60-19’W. 102.97m. to point 13; N.
51-09’W.166.68m. to point 14; N.12-02'E. 202.58m. to
point 15; N.11-22’E. 162.30m. to point 16; N.37-51’E.
138.60m. to point 17; N.50-23'E. 64.93m. to point 18;
S.68-30'E. 21.13m. to point 1, point of beginning.
Containing an area of 50, 000 square meters”

16. Plaintiffs have repeatedly requested the defendant to

extrajudicially settle the estate of the _________, but defendant
unjustly refuses to do so;

17. The plaintiffs find it burdensome on their part to remain in

the co-ownership with the defendant considering the fact that the
land had not been _______ divided among the co-owners as
evidenced by the above-mentioned titles which shows that the
subject properties are still in the names of their deceased parents;

18. Under Article 494 of the Civil Code of the Philippines “No co-
owner shall be obliged to remain in the co-ownership. Each co-

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COMPLAINT
 owner may demand at any time the partition of the thing owned
in common, insofar as his share is concerned;

SECOND CAUSE OF ACTION: ACCOUNTING

19. The plaintiffs are entitled to the fruits of the subject properties
given that the parties are co-owners of the estate left by their
deceased parents; hence, the defendant must show an accounting of
all the rentals and shares he received from the three-door apartment
in Quezon City and Agricultural properties in Sta. Ana, respectively

THIRD CAUSE OF ACTION: DAMAGES

20. By Defendant's refusal to partition the property and render an

accounting, Plaintiffs has been deprived of their lawful share, causing
actual damages in an aggregate amount of PHP 13, 933,333.33. show
your computation.

PRAYER

WHEREFORE, premises considered, Plaintiffs respectfully pray that

this Honorable Court render a DECISION as follows:

1. ORDERING the partition of the properties described above into

three equal shares with Plaintiff’s share adjudicated to them;

2. ORDERING the defendant to render a full and complete

accounting of all income and expenses related to the property
from 2005 to the present

3. AWARDING the plaintiffs the following:

i. Actual damages in the amount of PHP 13, 933,333.33 (why
actual, why no moral and exemplary damages?)

ii. Attorney’s fees and litigation expenses in the amount of

PHP 100,000

4. Such other reliefs as are just and equitable under the premises are
also prayed for.
Tuguegarao City, Cagayan. November 29, 2024.

CANCEJO, ENIDAL AND ASSOCIATES LAW AND NOTARIAL OFFICE

2F AOE Bldg.,15 Pilapil St., Centro 10, Tuguegarao City, Cagayan
Tel No. (078) 032-1112

By:

(SGD)

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COMPLAINT
 RENITA R. CANCEJO
Counsel for the Plaintiff
Roll of Attorney’s No. 110898
IBP OR No. 110898/January 23, 2024
MCLE Compliance No. 012302
Mobile: 09364021343
Email: renitacancejo@gmail.com

(SGD)

AL-JAFAR O. ENIDAL
Counsel for the Plaintiff
Roll of Attorney’s No. 120724
IBP OR No. 120724/August 8, 2024
MCLE Compliance No. 101010
Mobile: 09287002565
Email: aljafarenidal@gmail.com

Copy Furnished: (Electronic Mail)

ATTY. RAMONSITO A. MONTILLA

Counsel for the Defendant
Tuguegarao City, Cagayan

ATTY. JADE YVONNE PINSON

Counsel for the Defendant
Tuguegarao City, Cagayan

Republic of the Philippines

Province of Cagayan s.s.
City of Tuguegarao

VERIFICATION/CERTIFICATION
AGAINST FORUM SHOPPING

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COMPLAINT
 We, ANTONIO RABANAL and JOSE RABANAL, both of legal age,
Filipino citizens, and with residence and postal address Barangay Vasra,
Quezon City, 1128 Metro Manila, after having been duly sworn to in
accordance with the law do hereby depose and state:

1. That we are the plaintiff in the above-entitled Complaint for

Partition, Accounting, and Damages;

2. That we have caused the preparation of the foregoing complaint

and have read the allegations contained therein;

3. That the allegations in the said complaint are true and correct of our
own personal knowledge and based on authentic documents;

4. That the factual allegations thereof have evidentiary support and

are specifically identified and these will likewise have evidentiary
support after a reasonable opportunity for discovery;

5. That we hereby certify that we have not commenced any other

action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;

6. That if we should thereafter learn that a similar action or

proceedings has been filed or is pending before the Supreme Court,
Court of Appeals, or any other tribunal or agency, we hereby
undertake to report that fact within five (5) calendar days therefrom
to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed;

7. That we have executed this verification/certification to attest to the

truthfulness of the allegations in our complaint.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this

November 29, 2024 at Tuguegarao City, Cagayan.

(SGD) (SGD)
ANTONIO RABANAL JOSE RABANAL
Affiant Affiant
Nat’l ID No. 1234-5678-890 DL No. 4321

BEFORE ME, a Notary Public in Tuguegarao City, Province of Cagayan,

Philippines, this November 29, 2024 personally appeared the above-named
affiants who have satisfactorily proven to me their identities through her
Driver’s License N04-98-416418 issued by Land Transportation Office, which
bears her signature known to me to be the same person who executed the
foregoing affidavit
Doc. No. 499;
Page No. 101;
Book No. 7;
Series of 2024.

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COMPLAINT