Republic of the Philippines

MUNICIPAL TRIAL COURT OF PILI, CAMARINES SUR

5th Judicial Region
Pili, Camarines Sur

ARNULFO NACARIO,
Plaintiff,

-versus- CIVIL CASE No. P-_______

- FOR-
DAMAGES
ERNESTO LIM, JULIAN B. DE
VERGARA and Nilda H.
Sumayao-Insurance Agency
Country Bankers Insurance
Corporation,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT

Plaintiff thru counsel, unto this Honorable Court, respectfully alleges:

I
Plaintiff is of legal age, residing at Del Rosario, Pili, Camarines Sur.

I-a

Defendants Ernesto Lim and Julian De Vergara are of legal ages,

residing at (Ernesto Lim), Vinagre Comprada, Tigaon, Camarines Sur while
Julian de Vergara is resident of Del Carmen St., Nato, Sagñay, Camarines
Sur.

I-b

Defendant Nilda H. Sumayao-Insurance Agency Country Bankers

Insurance Corporation, represented by its manager Nilda H. Sumayao, is an
existing business establishment under the law of the Philippines, with principal
office at Duplex 12-B, Panganiban Drive, Naga City.

I-c

Herein parties have legal capacities to sue and be sued.

II

Plaintiffs Eden and Rey Ernest are the surviving wife and only son on
the second nuptial of the late Carlos C. Neola while defendants are likewise
his surviving children or heirs on his first marriage.
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II-a

Carlos C. Neola died on September 23, 2003 at Mother Seton Hospital,

Naga City, leaving no debt, if there is any, the same were paid and no last will
and testament, copy of his death certificate hereto attached as annex “A”,
forming part hereof.
III

During his lifetime (Carlos C. Neola), he owned three (3) parcels of

riceland and a commercial lot with four (4) houses erected thereat as his
capital properties, left undisposed, constituting his estate and more
particularly described as follows:

PARCEL I – Commercial Lot

“ parcel of residential lot located at Zone 1 Blumentritt St.,

Naga City, containing an area of ONE HUNDRED SEVENTY
FIVE (175) SQUARE METERS, bounded on the North by Lot
022; on the East by Lot 025; on the South by Lot 028 and on
the West by Blumentritt Street, covered by Tax Declaration
No. 01-026-0147 valued at P87,500.00 in the name of Carlos
Neola, and four (4) houses constructed thereat.”

PARCEL II- Riceland

“ parcel of riceland located at Pamukid, San Fernando,

Camarines Sur, containing an area of TWENTY EIGHT
THOUSAND TWO HUNDRED EIGHTY (28,280) SQUARE
METERS, bounded on the North by Lot 1526, Pls. 737-D; on
the East by Creek; on the South by Lot 1524 and on the West
by Lot No. 1525-B, covered by Tax Declaration No. 97-015-
00623 valued at P33,560.00 in the name of Carlos Neola.”

PARCEL III- Riceland

“ ½ portion of the parcel of riceland located at Sta. Cruz, San

Fernando, Camarines Sur, containing an area of SEVEN
THOUSAND FIVE HUNDRED THIRTY NINE (7,539)
SQUARE METERS, (Carlos’ share 3,769.5 square meters per
extra-judicial partition) bounded on the North by Lot 499; on
the East by Lot No. 501; on the South by Lot 502 and on the
West by Lot No. 502 portion, covered by Tax Declaration No.
97-021-00202 valued at P6,060.00 still in the name of his
mother the late Salvacion Neola.”

PARCEL IV- Riceland

“ ½ portion of the parcel of riceland located at Sta. Cruz, San

Fernando, Camarines Sur, containing an area of TWENTY
NINE THOUSAND FIVE HUNDRED TWENTY FOUR (29,524)
SQUARE METERS, (Carlos’ share 14,762 square meters per
extra-judicial partition) bounded on the North by Esteban

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Calinog; on the East by Marilyn Neola and Gabriel Tayag; on

the South by Timoteo Castro and on the West by Ludovico
Daza, covered by Tax Declaration No. 97-021-00666 valued at
P36,650.00 still in the name of his mother the late Salvacion
Neola.”

IV

Long before the death of Carlos C. Neola, he and the plaintiffs were
living on his house fronting Blumentritt St., Naga City, which he bequeathed to
plaintiffs and to the defendants the houses at the back which they were
occupying including the portions of the lot occupied thereof with perpetual
road right of way as shown in his personally prepared sketch attached as
annex B.
IV-a

After his death, defendants moved by their inordinate desires to own

the entire parcel I and occupy the front house have quarreled and droved out
the plaintiffs and disallowed them to live thereat up to the present, forcing
them to stay with her sister at their ancestral house at San Vicente, Pili,
Camarines Sur.

IV-b

The properties at San Fernando, Camarines Sur, described as parcels

II, III and IV are productive riceland planted to palay twice a year with an
average yields of 500 sacks per harvest, the ¼ thereof or 125 sacks as
landshares were collected and enjoyed by defendants.

IV-c

Defendants being in actual possession of the entire estate shall be

directed to render accounting on the produced which form part of the estate of
deceased Carlos C. Neola from September 23, 2003 until finally distributed to
them including the rent of the houses in parcel 1 in the amount of P8,000.00
monthly.
V

Plaintiffs exerted efforts to settle the estate extra-judicially being

members of the same family but defendants were arrogant and insisted of
their own desires or manner of partition absolutely disrespecting the desires of
their late father (annex B).
VI

By reason of the unwarranted acts of the defendants, the plaintiffs have

suffered mental anguished, anxieties humiliations and sleepless nights which
entitle them to moral, actual and other forms of damages in the amount of
P50,000.00 and to protect their rights in this suit they engaged the services of
counsel in the agreed fee of P50,000.00 plus P2,000.00 per court appearance
and shall continue to incur related expenses of suit in the amount of
P20,000.00.

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WHEREFORE, plaintiff thru counsel, respectfully pray the Honorable

Court, that after hearing, a decision be rendered as follows:

1. Ordering the partition of the estate of Carlos C. Neola

giving due respect on the sketch plan annex “B” or
equally among themselves;
2. Ordering defendants to make and render accounting of
the income from the estate from the death of Carlos C.
Neola on September 23, 2003 up to the present and
every month thereafter until finally distributed to them;

3. Ordering defendants to pay jointly and severally

plaintiffs the sum of P50,000.00 for moral, actual and
other forms of damages; P50,000.00 for attorney’s fee
plus P2,000.00 per court appearance and P20,000.00
for related expenses of suit;

4. and other reliefs just and equitable in the premises

Pili, Camarines Sur, January 3, 2007.

JAIME C. DEL ROSARIO

Counsel for the Plaintiff, Pili, Cam.Sur
PTR No. 9751263B, 1/9/2006, TIN 114-083-651
Roll of Attorney No. 25699, 6/9/75
IBP No. 648079, 11/16/2005

VERIFICATION AND NON-SHOP FUROM

I, EDEN F. NEOLA, for herself and in behalf of her minor son Rey
Ernest F. Neola, under oath, depose and say:

We are the plaintiffs in this case; we caused the preparation and filing of
this complaint, we have read and understand the contents thereof as true and
correct to the best of our knowledge.

That we have not commenced any other action or proceedings

involving the same issue in the Supreme Court, Court of Appeals, board or
office, that to the best of our knowledge no such action or proceeding is
pending before those courts, board or office; that if, we should learn thereafter
that a similar action or proceedings has been filed or pending before those
courts, board or office, we undertake to report to this Honorable Court, within
five days from knowledge thereof.

IN WITNESS WHEREFORE, I have hereunto affix my signature, this 3 rd

day of January, 2007 at Pili, Camarines Sur.

EDEN F. NEOLA
For herself and co-plaintiff

SUBSCRIBED AND SWORN to before me, this 3rd day of January,

2007 at Pili, Camarines Sur, Philippines.

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JAIME C. DEL ROSARIO

Notary Public
Until December 31, 2007
PTR No. 9751263B, 1/9/2006
TIN 114083-651
Roll of Attorney No. 25699