Formal Offer of Exhiibts

 

Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES

Danao City   (HON. MA.JOSEFA C. PINZA-RAMOS)  

HRS. OF JULIAN BATIQUIN, Plaintiffs,

CIVIL CASE NO.528

  -versus  GREGORIO PEQUILLA, ET. AL., Defendants. X - - - - - - - - - - - - - - -/

  FORMAL OFFER OF EXHIBITS  

DEFENDANTS , by counsel, most respectfully and formally offer the following following exhibits:

EXHIBIT “1”[1] --- Tax Declaration Declaration No No.. 0-0201739 0-0201739 R 

 

“1-A”-- 183 square square meters. Area of of Lot No. 14 1434 34

 

PURPOSE:

As part of the testimony of Margie Pequilla and formally offered to prove that Lot No. 1434 was declared under the name of Gregorio Pequilla married to Marina C. Pequilla and which lot has an aggregate land land ar area ea of 183 squar squaree meter meters. s. The The cor corres respo pondi nding ng bound boundari aries es were were likewi likewise se in indi dicat cated ed in sa said id tax tax declaration.

EXHIBIT “2”[2] --- Sketch Plan of Lot Lot No. 1434

“2-A”--- Portion highlighted highlighted with a yellow mark mark which is the area enclosed by a fence. fence.

  “2-B”--- Portion Portion highlight highlighted ed with a red/pink red/pink mark which which is the area used by the plaintiffs plaintiffs as  passage.

 

“2-C”--- point no. 7 where the boundary boundary or cylindrical post is located. located.

PURPOSE:

As part of the testimony testimony of Margie Pequilla and formally offered to prove that there is actually no encroachment committed by the defendants over Lot No. 1262 or over any other lots surrounding Lot No. 1434.. The portion 1434 portion highlighted highlighted with a yellow yellow mark would prove that a por portion tion of Lot No. 1434 was enclosed encl osed with a fenc fencee which which spans spans fro from m the window window of the house house of herein defendant defendant Demosth Demosthenes enes Pequilla up to a point midway between the boundary boundary of Lot No. 1262 and Lot No. 1434. Said fence is well within the boundary of Lot No. No. 1434. From the point wher wheree the fence is located and up to the boundary  between Lot No. 1262 and Lot No. 1434 lies the passageway used by the plaintiffs. Such passageway is sti still ll part part of Lot Lot No. No. 1434. 1434. The The porti portion on hi highl ghligh ighted ted wi with th a pin pink/r k/red ed mark mark would would rea readil dily y show show suc such h  passageway. Point No. 7 on the sketch plan would prove that the boundary boundary or cylindrical post was located at such point.

EXHIBIT “3”--- Bureau of Lands Form No. 700-2A (Lot Data)

 

 

“3-A”--- Cad 681-D, Case Case 2, Lot 1434, Location Location:: Looc, Danao, Cebu

  “3-B”--- Cad Survey Claim Claimant: ant: Gregorio Pequilla Pequilla

  “3-C”--- Area: 183 square meters

PURPOSE:

As part of the testimony of Margie Pequilla and formally offered to prove that per Lot Data found in a document duly recorded with the Bureau of Lands, Department of Environment and Natural Resources, Region 7, Banilad, Mandaue City, Lot No. 1434 was case 2 under Cad 681-D, located in Looc, Danao, Cebu, surveyed on July 18-August 22, 22, 1983 and approved on April 23, 1984. Said Lot No. No. 1434 contained an area of 183 square square meters. And was under th thee name of Gregorio Gregorio Pequilla as claimant. claimant. All technical technical descriptionss are likewise contained therein which are reflective of the true condition of Lot No. 1434. description

RESPECTFULLY SUBMITTED.

1 March 2011, Cebu City (for Danao City), Philippines Philippines..

 

 JOSE NEIL L. NUÑEZ, Jr. (Counsel for the Defendants)

888 Narra Street

 

Greenplains Subdivision Banilad, 6014 Mandaue City Mobile Phone Nos. 0927-737-0840 begin_of_the_skype_highlighting 0927-737-0840 end_of_the_skype_highlighting / 0919274-4077 begin_of_the_skype_highlighting 0919-274-4077 end_of_the_skype_highlighting Tel. No.(032) 321-5178   PTR No. 8140789~ 01/05/11, Cebu IBP No. 821393~ 01/05/11, Cebu Attorney Roll No. 42447   MCLE Compliance No. I - 0012473 {06-07-08} MCLE Compliance No. II - 0016470 {02-10-09} MCLE Compliance No. III – 0012471 [04-19-10]  

Copy furnished: (By registered mail)  

*Atty. Rolindo Navarro

Counsel for the Plain Plaintiffs tiffs

 

4th Floor, Cebu Holdings Building Cebu Business Park, Cebu City  

Registry Receipt No. ______________________

Date: _______________________ 

 

 EXPLANATION   

 That albeit the New Rules of Civil Procedure, Section 11, Rule 13 thereof, provides that whenever practic whenever practicable able,, the servic service e and filing of plea pleading dings s and other pap papers ers shal shalll be done personally, service of a copy of this FORMAL OFFER OF EXHIBITS was done by registered mail inasmuch as personal service thereof is not practicable on account of lack of messengerial personnel to effect such personal service and by reason of distance and lack of time.

 

 JOSE NEIL LAO NUÑEZ, JR.

[1] Attached to the records of this case. [2] Original copy is submitted with marking & sub-markings duly copied and incorporated.