Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
Branch 32
Calbayog City

Miss Flora Marasigan and

Miss Trinidad Marasigan,
Petitioners,

CIVIL CASE NO. 123

For: Judicial Partition

MR. James Marasigan,

Respondent,
x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel, and unto this
honorable court, most respectfully avers:

1. That the plaintiffs are both of legal age, Filipino citizen, with postal address at #
1136-A A. Magsaysay street, Calbayog City, with a capacity to sue and be sued;

2. That the defedant, James Marasigan, is of legal age, Filipino citizen ,with postal
address at No. 24 Evangelista Street, Camp John Haye, Baguio City where he may
be served with summons and other processes by this Honorable Court;

3. That the said plantiffs and defendant, James Marasigan, are co-owners, by virtue
of intestate inheritance from their deceased brother, Carlo Marasigan, of certain
real properties located in (1) A house and lot located in Baguio City covered by TCT
No.123 (2) A vast agricultural land located in Bagiou City covered by TCT No. 456
(3) A commercial building located in Makati City covered by TCT 789, more
particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 123

A PARCEL OF LAND located in the Barrio of Dai Mahanap, City of Baguio,
known as Lot A-3, bounded on the north by Lot B, on the south by Lot C, on the
west by Lot D, and on the south by national road, with a total area of 200 square
meters, registered in the name of Carlo Marasigan.
 TRANSFER CERTIFICATE OF TITLE NO. 456
A PARCEL OF LAND (Lot 20 Blk 54 of consolidation subdivision plan (LRC) Pcs-
13265, being a portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd-
50533, Lot 3, Psd-100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768,
89632, N-11782, N-13466, and 21071 situated in the Bo. of San Donisio, Mun of
Paranaque, Prov of Rizal, Is. of Luzon. Bounded on NE., point 4 to 1 by Road Lot 22,
on...to the point of beginning; containing an area of (10,000) square meters more
or less..."

TRANSFER CERTIFICATE OF TITLE NO. 789

A 50 story commercial building located in Brgy. Ma Hirap, City of Makati,

known as Lot F-1, bounded on the north by Lot B-2, on the south by Lot C-1, on the
west by Lot D-3, and on the south by Kalayaan Avenue, with a total area of 800
square meters, registered in the name of Carlo Marasigan.

4. That the aforementioned three parcels of land have a total land area of more or
less 11,000 square meters, and the three parcels of land may conveniently serve as
residential ,commercial premises and agricultural lands;

5. That plaintiffs have known that defendant has transferred the all subject
properties to his name without their knowledge nor consent.

6. That the defendant has sold the commercial building located in Makati City
covered by TCT no. 789, particularly described in paragraph 5, to spouses Anita
and Brian Lim as evidenced by the deed of sale.(EXHIBIT A)

7. That the plaintiffs desire that the above real state properties should be partitioned
between the plaintiffs and the defendant;

8. That the plaintiffs have requested the defendant that the above-described real
estate should be amicably partitioned between them by mutual agreement, but
the defendant refused and continues to do so.

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
5 of this complaint, above-described real estate should be ordered between the
plaintiffs and the defendant, share and share alike.

B. That the subject property of the contract of sale between defendant and spouses
Anita and Brian Lim will only be based upon defendants share in the partition.
C. Ordering defendant to execute and sign all necessary papers or deeds which shall
give validity and effect to this partition;

D. That the costs and expenses of these proceedings be taxed solely against the
defendant.

E. Cost of suit and other relief.

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

Calbayog City , Philippines, July 27, 2017.

Rhoda Ombina LAW OFFICE

Counsel for the Petitioner
Brgy Solsogon., Sta. Margarita

By:
RHODA C. OMBINA
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 CALBAYOG )S.S.

WE, Flora Marasigan and Trinidad Marasigan , of legal age, Filipino Citizen,
single, after having been duly sworn to in accordace with law, hereby depose and
say:

1. That We the plaintiffs in the above-entitled case;

2. That We 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 our own
knowledge and authentic records;

4. We hereby certify that We 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 we 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, We 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. We 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, We have hereunto affixed our signature this 27 day of july
2017, in Calbayog City, Philippines.

Flora Marasigan Trinidad Marasigan

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 27 day of July 2017, in the City of
Legazpi, with affiant exhibiting to me there SSS ID, with ID No. 1234 issued at
Calbayog City on June 2015.

Atty. Rhoda C. Ombina

Notary Public

Doc. No.123;
Page No.456;
Book No.780;
Series of 2017.
 DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

James Marasigan, of legal age, single, Filipino, and with residence and postal
address at No. 24 Evangelista Street, Camp John Haye, Baguio
City, hereinafter referred to as the SELLER

-AND-

Anita Lim, Filipino, married to Brian Lim, and with residence and postal address
at # 1136-A A. Magsaysay street, Calbayog City, hereinafter
referred to as the BUYER.

WITNESSETH;

WHEREAS, the SELLER is the registered owner of a parcel of land with

improvements located at Brgy. Ma Hirap, City of Makati and covered by
Transfer Certificate of Title No. 789 containing a total area of EIGHT HUNDRED
(800) SQUARE METERS, more or less, and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 789-1

A 50 story commercial building located in Brgy. Ma Hirap, City of Makati, known

as Lot F-1, bounded on the north by Lot B-2, on the south by Lot C-1, on the west by
Lot D-3, and on the south by Kalayaan Avenue, with a total area of 800 square meters,
registered in the name of Carlo Marasigan.

WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the
above mentioned property for the amount of Fifty Million Pesos (P 50,000,000.00)
Philippine Currency;

NOW THEREFORE, for and in consideration of the sum of Fifty Million Pesos (P50,
000,000.00) Philippine Currency, hand paid by the vendee to the vendor,
the SELLER DO HEREBY SELL, TRANSFER, and CONVEY by way of Absolute Sale
unto the said BUYER, his heirs and assigns, the certain parcel of land together with all
the improvements found thereon, free from all liens and encumbrances of whatever
nature including real estate taxes as of the date of this sale.

James Marasigan Anita Lim

Seller Buyer

WITH MARITAL CONSENT:

Brian Lim Anita Lim
Name of Seller's Spouse Name of Buyer's Spouse

SIGNED IN THE PRESENCE OF:

Jan Darvyn Demit Hans B. Tamidles

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

Calbayog City) SS.

BEFORE ME, a Notary Public for and in the City of Calbayog City, personally appeared:
 Name CTC Number Date/Place Issued

James Marasigan 10000000 June 17,2010 / Calbayog City

Anita Lim 10000000 June 17,2010 / Calbayog City

Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same are their free act and voluntary
deed.

This instrument, consisting of (2) pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every page
thereof by the concerned parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this 17day of June 2010 at Calbayog City.

Atty. Rhoda C. Ombina

Notary Public

Doc. No. 232;

Page No. 444;
Book No. 222;
Series of 2010.