Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Tarlac City, Tarlac

Mikaela Miranda,
Plaintiff Civil Case No. ______

-versus- For: Revival of Judgment

Zach Regil
Defendant.
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COMPLAINT

PLAINTIFF, by her undersigned counsel, to this Honorable Court,

respectfully alleges:

1. That the plaintiff is of legal age, Filipino, single and a resident of 1 st

St., Fairlane Subdivision, San Vicente, Tarlac City where she can be
served with court processes;

2. That the defendant is of legal age, Filipino, and resident of

Camella Subdivision, Maliwalo, Tarlac City where he can be served with
summons and other court processes.

3. That the plaintiff filed a complaint for Judicial Partition docketed as

Civil Case No. 1435 against herein defendant.

A copy of the complaint is attached hereto as Annex “A”.

4. Sometime on July 12, 2015, in the case entitled “Civil Case No.
1435, Judicial Partition” filed with this court, this Honorable Court rendered
a decision in favor of herein plaintiff and against the herein defendant, who
were the same plaintiff and defendant in said Civil Case No. 1435, the
dispositive portion of the decision reads:
WHEREFORE, premises considered, judgment is hereby
rendered as follows:

a.) Ordering defendant to pay P25,000 which is equivalent

to 50% of the amount for the licensed surveyor for the
preparation of the project plan;

b) Ordering the defendant to pay plaintiff the amount of

P5,000.00 as attorney’s fees; and,

b.) Ordering the defendant to execute and signing of all

necessary papers of deeds which shall give validity and effect

to this partition.
 A machine copy of the decision is hereto attached as Annex “B” and
made an integral part hereof;

4. That a decision in favor of the Plaintiff was issued by this

Honorable Court in said Civil Case No. 123 on June 3, 2002, but more than
five (5) years has now elapsed, it was never executed fully;

5. That the decision, Annex “A” hereof, is not barred by the statute of
limitation;

WHEREFORE, premises considered, this Honorable Court is most

respectfully prayed to render judgment for the plaintiff and against the
defendants, enforcing the decision dated July 12, 2015 rendered by this
Honorable Court, viz:

a.) Ordering defendant to pay P25,000 which is equivalent

to 50% of the amount for the licensed surveyor for the
preparation of the project plan;

b.) Ordering the defendant to pay plaintiff the amount of

P5,000.00 as attorney’s fees; and,

c.) Ordering the defendant to execute and signing of all

necessary papers of deeds which shall give validity and effect

to this partition.

With cost against the defendant.

Plaintiff further prays for such other reliefs as may be just and
equitable under the premises.

Respectfully submitted.

Tarlac City, Tarlac, May 2, 2021.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Mikaela Miranda, Filipino, of legal age and a resident of 1 st St.,

Fairlane Subdivision, San Vicente, Tarlac City, l, on oath, hereby state that:

1. I am the plaintiff of the above-entitled case; that I have caused the

preparation of the foregoing complaint; that I have read and understood the
contents thereof; and that all the allegations therein are true and correct of
my own knowledge and belief and/or based on authentic records;

2. I have not commenced any other action or proceeding involving

the same issue in the Supreme Court, the Court of Appeals or any of its
divisions, or with any other tribunal or agency;

3. To the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals or any of its divisions,
or with any other tribunal or agency;

4. If I should thereafter learn that a similar action or proceeding has

been filed or is pending in the Supreme Court, the Court of Appeals or any
of its divisions, or with any other tribunal or agency, I undertake to promptly
inform this Honorable Court of the fact within five (5) days therefrom.

Tarlac City, _____________________, 2021.

MIKAELA MIRANDA
Affiant

SUBSCRIBED AND SWORN to before me, in the City of Tarlac, this

nd
2 day of May 2021, affiant exhibiting to me her Community Tax Certificate
No. 123456 issued on April 25, 2021 at Tarlac City, Philippines.

Doc. No. ___ ;

Page No. ___ ;
Book No. ___ ;
Series of 2021.
ANNEX “A”

REPUBLIC OF THE PHILIPPINES

Third Judicial Region
MUNICIPAL TRIAL COURT
Branch ___, Tarlac

MIKAELA MIRANDA,
Petitioner,

Civil Case No. 1435

-versus- For: Judicial Partition

ZACH REGIL,
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

1st St. Fairlane Subdivision, San Vicente, Tarlac City, Tarlac;

2. That Defendant, is of legal age, Filipino Citizen, with postal

address at Camella Subdivision, Maliwalo, Tarlac City, 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 two (2)
equal parts, of one parcel of land situated at Block 9 Brgy. San
Rafael, Tarlac City and covered by TCT No. 87632 issued by the
Register of Deeds of Tarlac, which is more particularly described
as follows:

TRANSFER CERTIFICATE OF TITLE NO. 98765

“A parcel of land located in Block 9 Barangay San Rafael,

Tarlac City, known as Lot B-1, bounded on the north by Lot C, on the
South by Lot D, on the west by Lot E, and on the South by National
Road, with a total area of 500 square meters, registered in the names
of Mikaela Miranda and Zach Regil.”

4. That the aforementioned parcel of land has a total land area of 500
square meters more or less, and it is easily divisible into two
parcels both of which can conveniently serve as either residential
or commercial premises;

5. That plaintiff had several times notified defendant of his desire and
intention to partition said property;
6. That notwithstanding repeated demands of the plaintiff, defendant
refused, and still refuses, without 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;

b. Ordering defendant to execute and sign all necessary papers or

deeds which shall give validity and effect to this partition;

c. Ordering defendant to pay to plaintiff the sum of P25,000.00

which is equivalent to 50% of the amount for the licensed
surveyor for the preparation of the project-plan;

d. Cost of suit and other relief.

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

Tarlac City, Philippines, January, 2015.

(Sgd) ATTY. ANGELA JOY A. AGUSTIN

Counsel for Plaintiff
Tarlac City
Roll of Attorneys No. 767281
IBP No. A-129827
PTR No. A- 1225676;01-02-14; Tarlac
MCLE No. A-13456
 VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF TARLAC )S.S.

I, MS. MIKAELA MIRANDA, 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 undertake
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

31st day of March 2014, in Tarlac City, Philippines.

(Sgd) MIKAELA MIRANDA

Affiant

SUBSCRIBED AND SWORN to before me this 31 st day of March

2014, in the City of Tarlac, with affiant exhibiting to me his SSS ID,
with ID No. 1234 issued at Tarlac City on April 2010.

(Sgd) ATTY. ANGELA JOY A. AGUSTIN

Counsel for Plaintiff
Tarlac City
Roll of Attorneys No. 767281
IBP No. A-129827
PTR No. A- 1225676;01-02-14; Tarlac
 MCLE No. A-13456

Doc. No.____;
Page No.____;
Book No.____;
Series of 2015.
Annex B

REPUBLIC OF THE PHILIPPINES

Third Judicial Region
MUNICIPAL TRIAL COURT
Branch ___, Tarlac

MIKAELA MIRANDA,
Petitioner,

Civil Case No. 1435

-versus- For: Judicial Partition

ZACH REGIL,
Respondent
x-----------------------------------x

DECISION