AFFIDAVITS AFFIDAVIT is a written, ex parte statement made or taken under oath before an officer of the court or a notary public or other person who has been duly authorized so to act. REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF ADJUDICATION OF ESTATE OF DECEASED PERSON I, ABIGAIL A. ALCANTARA, of legal age, Filipino citizen, single and now residing at 1 Ledesma St., Aurora Hill, Baguio City, Philippines, after having been duly sworn in accordance with law, do hereby depose and say: 1. That I am the only surviving daughter of one, named ALEJO A. ALCANTARA who died intestate in Bakakeng, Baguio City, on October 13, 2013 as evidenced by Death Certificate issued by the Civil Registrar of Baguio, hereto attached as ANNEX “A” and made an integral part of this Affidavit; 2. That the said deceased left a deposit in the Bank of the Philippine Islands, in the amount of FIVE HUNDRED THOUSAND PESOS (P500,000.00); 3. That said deceased also left a 4-bedroom condominium unit, located at 288, Twin Towers Condominium, Leonard Wood Road, Baguio City, with an area of ONE HUNDRED (100) SQUARE METERS more or less, covered by Condominium Certificate Title No. 188521 of the Register of Deeds of Baguio City; 4. That the said deceased left no debts nor any LAST WILL AND TESTAMENT; 5. That the net value of said estate is not more than TWO MILLION PESOS (P2,000,000.00), subject to estate and inheritance taxes; 6. That pursuant to Rule 74, Sec. 1 of the Rules of Court, I hereby adjudicate unto myself the above described real and personal property 1
by means of this Affidavit and hereby files the same with the Register of Deed of Baguio City with the request that the said adjudication be made effective without judicial proceeding as prescribed by the aforementioned Rules of Court. IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November, 2013, at Baguio City, Philippines.
ABIGAIL A. ALCANTARA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013 by ABIGAIL A. ALCANTARA who exhibited to me her Passport No. CC957742, valid until February 14, 2017 as competent proof of her identity, and who is the same person who personally signed before me the foregoing affidavit and acknowledged that she executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 1; Page No. 1; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF SELF-ADJUDICATION I, BENJAMIN B. BENITEZ, of legal age, Filipino, single and a resident of 15 Maria Basa, Pacdal, Baguio City, Philippines, after having been duly sworn in accordance with law, do hereby depose and say: 1. That I am the only son of BENITO B. BENITEZ who died intestate in the City of Baguio, on September 4, 2013 as evidenced by Death Certificate issued by the Civil Registrar of Baguio, hereto attached as ANNEX “A” and made an integral part of this Affidavit; 2. That said deceased left an estate consisting of a parcel of land measuring ONE THOUSAND (1,000) SQUARE METERS, located at Mary Hills Road, Loakan Proper, Baguio City covered by Transfer Certificate Title No. CC-13579 of the Registry of Deeds of Baguio City; 3. That the said parcel of land is more particularly described as follows to wit; LOT 21 (LRC) CC-13579 “A parcel of land (Lot 21 of Subdivision plan LRC) CC13579 being a portion of the parcel of land described on TSV-789D, l\LRC Rec. No. TS sales Pat.) situated in Res. Sec. City of Baguio, island of Luzon, Philippines. Bounded on the N.E point 5 to 7 y Subdivision Road (1, 000 m. Wide); on the SW., points 5 to 1 by Lot 2, of the Subdivision Plan; and on the NW., points 1 to 2 by Lot 9, Block 2. Beginning at point marked “I” on plan, being N 43 deg 21 deg’ E, 321.70 m. from the main gate. thence N 25 deg. 00’E, 40.00 m to point 2; thence E 23 deg. 00’E, 32.00 m to point 3; thence N 52 deg. 13’E, 11.00 m to point 4; thence S 75 deg. 00’E, 456.00 m to point 5; thence N 53 deg. 00’E, 13.00 m to point of beginning; containing an area of ONE THOUSAND 1000 SQUARE METERS, more or less. All points referred to are indicated on the Plan and marked on the ground as follows; Points 1 to 4 by OLD points and the rest by PS cyl conc. Mons. 100 x 3
213 cm; bearings true; date of Original Survey, April 1, 1982 and that of Subdivision Survey executed by Gilberto G. Ginnawan, a Geodetic Engineer on April 13, 1990. 4. That the said deceased left no debts nor any LAST WILL AND TESTAMENT; 5. That pursuant to Rule 74, Section 1 of the Rules of Court, I hereby adjudicate unto myself the above described Real Estate by means of this Affidavit and hereby files the same with the Register of Deeds of Baguio City with the request that said adjudication be made effective without the judicial proceeding as prescribed by the aforementioned Rules of Court. IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013 at Baguio City, Philippines. BENJAMIN B. BENITEZ Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by BENJAMIN B. BENITEZ, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same. JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 2; Page No. 1; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF BIRTH BY TWO DISINTERESTED PERSONS We, CRISANTO C. CARUNUNGAN and CATALINA C. CANONIZADO, both Filipinos, of legal ages, both married, and presently residing at 45 Burgundy Lane, Rainbow Hills Subdivision, Fairview, Baguio City and at 62 La Cheza Rd., Irisan, Baguio City, respectively, both after having been duly sworn in accordance with law, do hereby depose and say: 1. That we personally know CATHERINE CAGAYAN COMPOSTELA of 79 Badihoy St., Guisad, Baguio City, the daughter of CARMELO C. COMPOSTELA and CRISTINA CAGAYAN COMPOSTELA, being our acquaintance for a long period of time; 2. That she is a PAG-IBIG Fund member with an application for Provident Benefits with the Fund; 3. That the said application is required to be accompanied by a copy of the applicant’s birth certificate, however, no record can be obtained, as shown by the attached Certification of Non-Availability of Birth Record from the National Statistics Office (NSO); 4. That we certify that she was born at Baguio General Hospital, Baguio City Philippines, on the 29th day of FEBRUARY in the year 1984; 5. That she has been using the said birth date in all her documents and transactions, including her education and employment records; 6. That we are not related by affinity or consanguinity to the above mentioned person; and 7. That we are executing this Affidavit to attest to the truth of the foregoing statements that CATHERINE CAGAYAN COMPOSTELA was born on FEBRUARY 29, 1984 explaining that the fact of her birth was not registered and establishing the fact that her true and real birth date is FEBRUARY 29, 1984 and for all legal purposes and intents it may deem serve.
5
IN WITNESS WHEREOF, we have hereunto set our hands this 22nd day of November 2013, at Baguio City, Philippines.
CRISANTO C. CARUNUNGAN CATALINA C. CANONIZADO Affiant Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by CRISANTO C. CARUNUNGAN and CATALINA C. CANONIZADO, who have satisfactorily proven their identities through: CRISANTO C. CARUNUNGAN, with Passport No. BB5693286, valid until September 21, 2015. CATALINA C. CANONIZADO, with Passport No. SS4543120, valid until April 15, 2016. who personally know the principal, to be the same persons who executed and personally signed the foregoing affidavit before me and acknowledged that they executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 3; Page No. 1; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF CONSENT FOR TRAVEL OF A MINOR ABROAD We, DANIEL D. DEFENSOR and DINAH D. DEFENSOR, married to each other, of legal ages, Filipinos, with residence and postal address at 21 Baltazar, Gibraltar, Mines View, Baguio City, Philippines, after having been duly sworn in accordance with law, do hereby depose and state: 1.
That we are the parents of DANIELLEAH DIEDRE D. DEFENSOR, who is 16 years old, and a citizen of the Republic of the Philippines;
2.
That our above-named daughter is scheduled to leave for New York, USA on November 30, 2013 for about a week;
3.
That we are giving our full consent freely and voluntarily to our above-named daughter to travel abroad or specifically to New York, USA;
4.
That for this purpose, we have sufficient and adequate financial capacity to support the said travel and do hereby undertake to finance her trip abroad from the application fees, airline tickets, board and lodging, pocket money and such other expenses that she may incur so that she would neither be a burden to the state nor at the place of destination at any time during her trip abroad;
5.
That we guarantee that she will not be a public charge and will comply with all the laws and rules and regulations imposed upon transient visitors in New York, USA;
6.
That further, DANIELLEAH DIEDRE D. DEFENSOR will be accompanied or escorted by her doctor, Dr. DESIREE D. DELFIN in her travel abroad;
7.
That we are hereby giving our full consent to said Dr. DESIREE D. DELFIN to accompany or escort DANIELLEAH DIEDRE D. DEFENSOR in her travel abroad; and
8.
That we are executing this Affidavit to declare the truth of the foregoing facts and for the purpose of giving our parental consent to our daughter on account of her trip to New York, USA. 7
IN WITNESS WHEREOF, we have hereunto set our hands this 22nd day of November 2013, in the City of Baguio, Philippines.
DANIEL D. DEFENSOR DEFENSOR Affiant
DINAH D. Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by affiants, who have satisfactorily proven their identity through DAVID D. DINARE, who is personally known to me and who personally knows the principal, that they are the same persons who executed and personally signed the foregoing affidavit before me and acknowledged that they executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 4; Page No. 1; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF DESISTANCE I, EDWARD E. ENGRACIA, single, of legal age, Filipino citizen, with residence and postal address at 65 Cabinet Hill, Baguio City, after having been duly sworn in accordance with law, do hereby depose and state: 1. That I am the Private Complainant in Criminal Case No. 35646-R for violation of B.P. Blg. 22 otherwise known as the Bouncing Checks Law now pending before the Municipal Trial Court in Cities, Baguio City, Branch 3; 2. That the accused ENRIQUIETTA E. ELEFANTE has settled her obligations with me to my full satisfaction; 3. That due to the aforementioned reason, I freely and voluntarily pray for the FINAL DISMISSAL of the case against ENRIQUIETTA E. ELEFANTE; 4. That I am no longer interested to pursue the case against said ENRIQUIETTA E. ELEFANTE; 5. That I am now requesting the Office of the City Prosecutor of Baguio City and the Honorable Court, Municipal Trial Court in Cities, Branch 3 of Baguio City to have the case withdrawn against ENRIQUIETTA E. ELEFANTE; 6. That I am executing this Affidavit of Desistance to attest to the truth of all the foregoing facts, as well as to withdraw my complaint against ENRIQUIETTA E. ELEFANTE, and ultimately have the case against her be dismissed.
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IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, in the City of Baguio, Philippines.
EDWARD E. ENGRACIA Affiant / Private Complainant CERTIFICATION This is to certify that I have personally examined the affiant and I am convinced that he voluntarily executed his statement and understood the contents thereof.
EMILY E. ELISEO Public Prosecutor
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by EDWARD E. ENGRACIA, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No.
5; 10
Page No. 1; Book No. I; Series of 2013 REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF DISCREPANCY I, FLEURDELUNE F. FRANZIA, of legal age, single, Filipino citizen, and a resident of 23 St. Theresa St., Mirador Hill, Baguio City, Philippines, having been duly sworn in accordance with law, do hereby depose and state: 1. That in my Certificate of Live Birth as recorded in the Office of the Civil Registrar of Baguio City, Philippines and Secondary Student Permanent Record at Baguio City National High School, it is stated that I was born on 1 November 1990 at Notre Dame de Chartres Hospital, Baguio City, Philippines; 2. That my relatives, acting on the honest belief that I was born on 1 November 1991, had used 1 November 1991 as my birth date in all pertinent school records when they processed my enrollment at University of the Cordilleras in Baguio City; 3. That when I filled up my voter’s registration record required by the Commission on Election last October 16, 2013, I had inadvertently and erroneously written the date of my birth as 1 November 1991 instead of 1 November 1990; 4. That I am executing this Affidavit of Discrepancy to attest to the truth of the foregoing facts and to explain the discrepancy in my Certificates of Live Birth, Secondary Student Permanent Record, Transcript of Records and Voter Registration Form with regard to my date of birth; 5. Further, I am declaring that from this date hereon I would be using my true and correct date of birth of 1 November 1990 in all my papers, records and other documents; and 11
6. That I am executing this Affidavit to attest to the truth of the foregoing facts for record and reference purposes. IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, in the City of Baguio, Philippines.
FLEURDELUNE F. FRANZIA Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013 by FLEURDELUNE F. FRANZIA who exhibited to me her Postal ID with number 529649, valid until August 15, 2015 as competent proof of her identity, who is the same person who personally signed before me the foregoing affidavit and who acknowledged that she executed the same based on her voluntary act and deed.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 6; Page No. 2; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF DISCREPANCY
I, GREGORY GENE G. GONZALES, of legal age, Filipino citizen, single, and a resident of 7 Upper Kitma, Baguio City, Philippines having been duly sworn in accordance with law, do hereby depose and state: 1. That I was born to the spouses GREGORIO G. GONZALES and GENOVEVA G. GONZALES on October 28, 1989 at Baguio General Hospital, Baguio City Philippines as evidenced by the Certificate of Live Birth issued by the Civil Registrar of Baguio City; 2. That however, in the said Certificate of Live Birth, the date of marriage of my parents was erroneously written as “May 8, 1988” instead of the true and correct date “May 28, 1988” as evidenced by the Certificate of Marriage of my parents issued by the Civil Registrar of Baguio City, hereto attached as Annex "A"; 3. That said discrepancy in my Certificate of Live Birth was an error done inadvertently; 4. That I execute this Affidavit of Discrepancy to attest to the truth of the foregoing facts. IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, in the City of Baguio, Philippines.
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GREGORY GENE G. GONZALES Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by GREGORY GENE G. GONZALES who presented to me his Social Security System Card No. 378-404-815 as competent proof of his identity, and who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 7; Page No. 2; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF DISCREPANCY
I, HARRY HONTIVEROS HERNANDEZ, of legal age, Filipino citizen, single, and a resident of 25 Leonor Rivera St., Guisad, Baguio City, Philippines, having been duly sworn in accordance with law, do hereby depose and state: 1. That I am the child of spouses HAROLD H. HERNANDEZ and HENRIETTA HONTIVEROS HERNANDEZ; 2. That in my Certificate of Live Birth as recorded in the Office of the Civil Registrar of Baguio City, Philippines, my middle name was erroneously written as “HONTIVERROS” instead of my true and correct middle name of “HONTIVEROS”; 3. That my true middle name is “HONTIVEROS”, as appearing in the same Certificate of Live Birth as the maiden name of my mother; 4. That in all pertinent documents which I had used, to include that of my scholastic records (transcript of records), I used my true and correct middle name of “HONTIVEROS” 5. That I am executing this Affidavit of Discrepancy to attest to the truth of the foregoing facts and to explain the discrepancy in my Certificates of Live Birth, with regard to my true middle name; and 6. That I am further executing this Affidavit for all legal intents it may serve. IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, in the City of Baguio, Philippines.
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HARRY HONTIVEROS HERNANDEZ Affiant SUBSCRIBED AND SWORN to before me in the City of Baguio, Philippines, this 22nd day of November 2013, by HARRY HONTIVEROS HERNANDEZ, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 8; Page No. 2; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF DISCREPANCY I, ISAAC I. IÑIGO, of legal age, married, Filipino and a resident of 95 Silver St., Tacay, Quezon Hill, Baguio City, Philippines having been duly sworn in accordance with law, do hereby depose and state: 1. That on October 24, 2008, I was issued a Philippine Passport with passport number MM8875341 in which my true surname “IÑIGO” was stated; 2. That before the expiration of the aforementioned passport on October 24, 2013, I had applied with the Philippine Embassy in Manila for the issuance of a new passport and on November 4, 2013, I was issued a new Philippine passport with Passport No. MM8976589; 3. However, in the said new passport my surname had been erroneously misspelled as “INIGO” instead of “IÑIGO”; 4. That I execute this Affidavit of Discrepancy to attest to the truth of the foregoing facts and to explain the discrepancy in my Philippine Passport with regard to my surname. IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, at Baguio City, Philippines.
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ISAAC I. IÑIGO Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by ISAAC I. IÑIGO who exhibited to me his Postal ID No. 4288341, valid until September 11, 2015 as competent proof of his identity, and who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 9; Page No. 2; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF GUARDIANSHIP I, JEREMIAH J. JARAMILLA, of legal age, Filipino citizen, widow and presently residing at 10 City Camp Alley Extension, Baguio City, Philippines, having been duly sworn to in accordance with law, do hereby depose and say: 1. That I am the father of the minor JOHN JOEL J. JARAMILLA, who was born on June 18, 2008, and who has an interest in the PAGIBIG Provident Benefits of my late wife JENNY J. JARAMILLA payable by the PAG-IBIG Fund; 2. That by reason of the death of my above-named wife, I henceforth became the guardian of the above-named minor; 3. That the said minor is under my sole care and custody; 4. That I am competent to receive in behalf of the said minor any amounts due him; 5. That I am not an imbecile, insane, a vagrant or a vicious person or a habitual drunkard or a habitual criminal, and have not abandoned, neglected or refused to support said minor or caused him to commit offenses against the law; and 6. That I am executing this Affidavit in order to attest to the truth of the foregoing circumstances and for the purpose of securing the PAGIBIG Provident Benefits for my said son in my capacity as his guardian.
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IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November, 2013, at Baguio City, Philippines.
JEREMIAH J. JARAMILLA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by JEREMIAH J. JARAMILLA, who has satisfactorily proven his identity to me through his Tax Identification Number (TIN) Card 312-383-408, that he is the same person who personally signed the foregoing affidavit before me and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 10; Page No. 2; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF ILLEGITIMACY I, KATRINA K. KALAYAG, single, of legal age, Filipino citizen, with residence and postal address at 18 Everlasting St., Upper Q.M., Baguio City, Philippines, having been duly sworn in accordance with law, do hereby depose and say: 1. That I am the biological mother of KATRINA KAYE K. KALAYAG, who was born on March 23, 2008, at Lorma Medical Center, San Fernando City, La Union, as evidenced by the Certificate of Live Birth issued by the Civil Registrar of San Fernando, La Union hereto attached as ANNEX “A” and made an integral part of this Affidavit; 2. That as appearing in the Certificate of Live Birth of the abovementioned child, her father is KARLO K. KATIKLAN, who is a Filipino citizen; 3. That I hereby affirm and attest to the truth of the fact that the father of the above-mentioned child is indeed KARLO K. KATIKLAN. 4. That at the time my child was born, I was not legally married to her biological father, nor am I legally married to the said father now as evidenced by the Certificate of No Marriage issued by the National Statistics Office hereto attached as ANNEX “B” and made an integral part of this Affidavit; and 5. That I execute this Affidavit to attest to the truth of the foregoing facts and for whatever purpose it may serve.
21
IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day November 2013, in the City of Baguio, Philippines.
KATRINA K. KALAYAG Affiant SUBSCRIBED AND SWORN to before me in the City of Baguio, Philippines, this 22nd day of November 2013, by KATRINA K. KALAYAG, who has satisfactorily proven her identity to me through her NonProfessional Driver’s License No. 18414185 valid until August 30, 2015, and that she is the same person who personally signed the foregoing affidavit before me and acknowledged that she executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 11; Page No. 3; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF LEGITIMATION We, the spouses LEONILO L. LEGARDA and LAVINIA L. LEDEZMA-LEGARDA, both of legal age, Filipinos, with residence and postal address at 48 Quisumbing St., Trancoville, Baguio City, Philippines, having been duly sworn in accordance with law, do hereby depose and say: 1. That we were in an intimate relationship since December of 2008 with no impediments barring us in marrying each other but without the benefit of marriage, we started cohabiting as husband and wife in 2010 at Honeymoon, Baguio City; 2. That out of our relationship was born a son on August 25, 2009 whom we named LORD LEOVINE as evidenced by his Certificate of Live Birth hereto attached as ANNEX “A” and made an integral part of this Affidavit; 3. That since our son was born out of wedlock, he bears the family name of his mother which is LEDEZMA; 4. That we subsequently got married on August 25, 2013 at St. Joseph Parish Church in Pacdal, Baguio City as evidenced by our Certificate of Marriage hereto attached as ANNEX “B” and made an integral part of this Affidavit; 5. That at the time of the birth of our child LORD LEOVINE we possessed all the qualifications and none of the disqualifications to marry each other; 6. That we hereby recognize LORD LEOVINE, our biological son, as our legitimate child; and 7. That we execute this Affidavit to attest to the truth of the foregoing statements and for the purpose of causing the legitimation of the status of our child, LORD LEOVINE and for all legal intents and purposes this may well serve. IN WITNESS WHEREOF, we hereunto set our hands this 22nd day of November, 2013 in the City of Baguio, Philippines.
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LEONILO L. LEGARDA LAVINIA L. LEDEZMA-LEGARDA Affiant Affiant Passport No. JJ8822089 Passport No. QQ7644120 Valid until December 23, 2016 Valid until November 30, 2017
SUBSCRIBED AND SWORN to before me this 22nd day of November, 2013 at Baguio City, Philippines, the affiants personally appearing and exhibiting to me their Passport Numbers indicated below their names as proof of their identities, and that they are the same persons who personally signed the foregoing affidavit before me and acknowledged that they executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 12; Page No. 3; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF LOSS I, MARCO M. MONTINOLA, of legal age, Filipino citizen, single and with residence and postal address at 81 Outlook Drive, Baguio City, having been duly sworn in accordance with law, do hereby depose and state: 1. That I was issued a PHILIPPINE PASSPORT by the Department of Foreign Affairs sometime in 2010 which shall expire in 2015; 2. That I have always kept the same at the topmost part of my bedside table drawer; 3. That when I looked for it on November 15, 2013 as I intend to spend the upcoming Christmas holidays in Reykjavic, Iceland, I could not find it; 4. That diligent efforts were exerted to find the said passport but the same proved futile and fruitless; 5. That the said passport was lost in the manner stated above and was not confiscated nor cancelled by the issuing agency or other agencies for violation of any of its terms and conditions, laws, rules and regulations; 6. That I am now executing this Affidavit to attest to the veracity of the foregoing narration for securing a replacement of the said lost passport and for all legal intents and purposes it may serve.
25
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day November 2013, in the City of Baguio, Philippines.
MARCO M. MONTINOLA Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by MARCO M. MONTINOLA, who has satisfactorily proven his identity to me through his Professional Driver’s License No. 81522751 valid until December 25, 2015, and that he is the same person who personally signed the foregoing affidavit before me and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 13; Page No. 3; Book No. I; Series of 2013
26
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF LOSS I, NATASHA N. NATHANIEL, of legal age, Filipino Citizen, married and currently residing at 13 Balacbac Rd., Sto. Tomas Proper, Baguio City, Philippines, having been duly sworn in accordance with law, do hereby depose and state: 1. That I availed of a CREDIT CARD from Hong Kong and Shanghai Banking Corporation (HSBC) Quezon City Branch last April 30, 2013; 2. That I have always kept said HSBC CREDIT CARD in my purse and that I bring my purse wherever I go; 3. That last October 15, 2013 when I travelled from Baguio to Manila, my purse was misplaced, and consequently, I lost my HSBC CREDIT CARD among other things; 4. That diligent efforts were exerted to recover the said HSBC CREDIT CARD but the same proved futile and fruitless; 5. That the said HSBC CREDIT CARD was lost in the manner stated above and was not confiscated nor cancelled by the issuing bank for violation of any of its terms and conditions, laws, rules and regulations; 6. That I am now executing this Affidavit to attest to the veracity of the foregoing narration for securing a replacement of the said lost HSBC CREDIT CARD and for all legal intents and purposes it may serve.
27
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of November 2013, in the City of Baguio, Philippines.
NATASHA N. NATHANIEL Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, Affiant personally appeared and exhibited to me her Community Tax Certificate bearing the No. 22256675 issued on January 4, 2013 at Baguio City, Philippines, and who has satisfactorily proven her identity through NICODEMUS N. NAVARRO, who is personally known to me and who personally knows the principal, that she is the same person who executed and personally signed the foregoing affidavit before me and acknowledged that she executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 14; Page No. 3; Book No. I; Series of 2013
28
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF NON-OPERATION OF BUSINESS I, ONESIMUS O. ORDINARIO, single, of legal age, Filipino citizen, and a resident of 88 Lower Brookside, Baguio City, Philippines, after having been duly sworn to in accordance with law, do hereby depose and state: 1. That I am the President and Chief Executive Officer of XTRORDINAIRE REAL ESTATE PLANNING AND DEVELOPMENT, INC., a corporation duly organized and existing under the laws of the Philippines, with principal office at Unit 4A, Originaux Bldg., Session Rd., Baguio City, Philippines; 2. That said corporation was incorporated on August 8, 2008 and acquired by the undersigned with the purchase of its corporate property in the above address sometime in August 2013 but has not yet commenced its operations in view of the slump in the real estate industry in the country; 3. That the stockholders and directors of the corporation are contemplating on reviving its operations in the near future when the opportune time comes; 4. That this Affidavit is being executed in order to attest to the truth of the foregoing circumstances and for the purpose of complying with the reportorial requirements of the Securities and Exchange Commission.
29
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of November 2013, in the City of Baguio, Philippines.
ONESIMUS O. ORDINARIO Affiant TIN: 442-511-214 SUBSCRIBED AND SWORN to before me, in the City of Baguio this 22nd day of November 2013, by ONESIMUS O. ORDINARIO, who has satisfactorily proven his identity through OSCAR O. OANDASAN, who is personally known to me and who personally knows the principal, that he is the same person who executed and personally signed the foregoing affidavit before me and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 15; Page No. 3; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF NON-TENANCY I, PACITA P. PEREGRINO, married to PETER PAUL P. PEREGRINO, of legal age, Filipino citizen, and with residence and postal address at 136 Km. 5, Balili, La Trinidad, Benguet, under oath hereby depose and state: 1. That I am the registered owner of a Real Property with Katibayan ng Orihinal na Titulo P-8760 located at Buhaw, Puguis, La Trinidad, Benguet with an area of 1,061 square meters and more particularly described as follows: Lot No. 7189, Case 14, Cad 743-D, La Trinidad Cadastre Beginning at the point marked “1” of lot no. 7189, Cad 743-D, La Trinidad Cadastre being S. 60-02 E., 7,466.42 m. from BLLM NO. 1, Cad 743D, La Trinidad Cadastre, La Trinidad, Benguet thence: S. 11-05 W., 45.47 m. to point 2; S. 39-08 W., 90.79 m. to point 3; N. 32-50 W., 138.32 m. to point 4; S. 89-04 E., 110.66 m. to point 5; N. 88-51 E., 30.39 m. to point 1; point of beginning Containing an area of ONE THOUSAND AND SIXTY ONE (1,061) square meters. All points are marked on the ground by P.S. Cyl. Conc. Mons. 15x60cm. 2. That I have been planting vegetables in this land area since the 1980’s and have devoted all portions of it for Agricultural purposes; 3. That this land is not tenanted as I personally operate the land; and 4. That I am executing this Affidavit to attest to the truth of the foregoing, to satisfy the requirements of the proper government agencies and private institutions, and for all legal intents and purposes that it may serve.
31
IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, in the City of Baguio, Philippines.
PACITA P. PEREGRINO Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio this 22nd day of November 2013, by PACITA P. PEREGRINO, who has satisfactorily proven her identity to me through her Non-Professional Driver’s License No. M19-13843 valid until July 31, 2015, that she is the same person who personally signed the foregoing affidavit before me and acknowledged that she executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 16; Page No. 4; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF TRANSFEREE I, QUEENNIE Q. QUIABANG, single, of legal age, Filipino citizen and a resident of 21 Green Valley Village, Baguio City, Philippines, after having been sworn to in accordance with law, do hereby depose and state: 1. That my total aggregate landholdings, including the parcel of land containing a land area of ONE HUNDRED TWENTY (120) SQUARE METERS, located at Buhaw, Puguis, La Trinidad, Benguet, that I acquired from QUIRINO Q. QUINTANA, thru a Deed of Absolute Sale of a Registered Land covered by Doc. No. 18; Page No. 4; Book No. I; Series of 2013 of the Notarial Registry of Atty. LAIRD DIONEL N. URBANOZO of Baguio City, Philippines, dated August 25, 2013, does not exceed FIVE (5) hectares; and 2. That I am executing this Affidavit in compliance with Department of Agrarian Reforms Administrative Order No. 1-89, as well as to show proof that my total aggregate land holdings, including the portion of land I acquired from QUIRINO Q. QUINTANA does not exceed five (5) hectares.
33
IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, in the City of Baguio, Philippines.
QUEENNIE Q. QUIABANG Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio this 22nd day of November 2013, by QUEENNIE Q. QUIABANG, who has satisfactorily proven her identity to me through her Professional Driver’s License No. B22-072204 valid until June 23, 2015, that she is the same person who personally signed the foregoing affidavit before me and acknowledged that she executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 17; Page No. 4; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF TRANSFEROR I, RONALDO R. RODRIGUEZ, single, of legal age, Filipino citizen and a resident of 78 Guisad, Surong Ext., Baguio City, Philippines, after having been sworn to in accordance with law, do hereby depose and state: 1. That my total aggregate landholdings, including that parcel of land containing a land area of ONE HUNDRED (100) SQUARE METERS, located at Tuding, Itogon, Benguet, that I sold to RANIELLA R. ROMERO, thru a Deed of Absolute Sale of a Registered Land covered by Doc. No. 12; Page No. 2; Book No. I; Series of 2013 of the Notarial Registry of Atty. LAIRD DIONEL N. URBANOZO of Baguio City, Philippines, dated April 21, 2013, does not exceed FIVE (5) hectares; and 2. That I am executing this Affidavit in compliance with Department of Agrarian Reforms Administrative Order no. 1-89, as well as to show proof that my total aggregate land holdings, including the portion of land I sold to RANIELLA R. ROMERO does not exceed five (5) hectares.
35
IN WITNESS WHEREOF, I have hereunto set my hands this 22nd day of November 2013, in the City of Baguio, Philippines.
RONALDO R. RODRIGUEZ Affiant TIN: 868-347-971
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by RONALDO R. RODRIGUEZ, who has satisfactorily proven his identity through: REGINO R. RAYMUNDO, with Passport No. DD5353221, valid until February 14, 2017. RACHEL REIGN R. REALIZO, with Passport No. KK8889878, valid until April 18, 2014. who personally know the principal, to be the same person who executed and personally signed the foregoing affidavit before me and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 18; Page No. 4; Book No. I; Series of 2013 36
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF OWNERSHIP WITH UNDERTAKING I, SIMONE S. SALVACION, of legal age, Filipino, single and a resident of 34 Ciudad Grande, Bakakeng, Baguio City, Philippines, after having been duly sworn to in accordance with law, do hereby depose and say that: 1. I am the absolute and legal owner of a GSM handset described as follows: Make/Model: iPhone 5s Black International Mobile Equipment Identification (IMEI): 4754711148287792 2. On October 20, 2013, I executed an Affidavit of Ownership and Loss with Undertaking and filed the same with the National Telecommunications Commission to authorize said commission and all CMTS to block the said GSM handset for the reason that said cellphone was stolen from me by unidentified person/s during a trip to Bongao, Tawi-Tawi; 3. However, on November 15, 2013, I was able to retrieve said GSM handset through a common friend; 4. I hereby request/authorize the National Telecommunications Commission and all CMTS carriers to unblock the said GSM Handset; 5. I hereby undertake to hold free from any responsibility or shall not hold NTC and the above-mentioned carriers liable for whatever claims, loss or damages or any party may institute by reason of NTC’s action to unblock the aforementioned unit; 6. In support of this request and as proof of my ownership of said cellphone unit, I attached hereto a photocopy of the following documents: A.
Social Security System Identification Card Number 3388357891 B. Non-Professional Driver’s License No. AD-8085923142 C. Employment Identification Card No. SMC-02-1578 D. Police Report No. M-23845 (October 20, 2013) E. Receipt No. SM-890975 37
7. I am executing this Affidavit to attest to the truth of the foregoing facts and for whatever legal intents and purposes it may serve. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of November 2013 in the City of Baguio, Philippines.
SIMONE S. SALVACION Affiant Passport No. NN1645699
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by SIMONE S. SALVACION, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 19; Page No. 4; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF OWNERSHIP OF PERSONAL PROPERTIES FOR CONTRACT OF PLEDGE I, THEODORE T. TEODORO, of legal age, Filipino, single, and a resident of 43 Pias, Camp 7, Baguio City, Philippines, after having been duly sworn to in accordance with law, do hereby depose and state: 1. That I am the true and absolute owner of the following personal properties, to wit: MOTOR VEHICLE MAKE/TYPE ………….…….. Toyota Hi-lux Pick-up MOTOR NO…………………. 5L52-BHND5337 CHASSIS NO…………………NNCKSLC919E112997 PLATE NO……………………. CDY-114 PERSONAL COMPUTER MAKE/TYPE ………………… Acer emachines Netbook Specifications: LED LCD ……………..………. 10.1” CPU ……………………..…….. Intel Atom N455 DDR3 Memory ..…….…… 2 GB HDD ……………………….….. 500 GB Li-ion Battery ……………… 8-cell 2. That I intend to deliver the said personal properties as a collateral to secure the loan that I am applying for from Starting Anew Lending Corporation; 3. That I hereby warrant title and ownership over the above-mentioned personal properties and I will defend the possession of the Pledge from eviction; 4. That I execute this Affidavit of Ownership to attest to the truth of the aforementioned facts and in support of my application for a loan and for any other legal purposes that this Affidavit could serve.
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IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, at Baguio City, Philippines.
THEODORE T. TEODORO Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 28th day of November 2012, by THEODORE T. TEODORO who exhibited to me his Professional Driver’s License No. NC9675742, valid until June 2, 2015 as competent proof of his identity, and who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 20; Page No. 4; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF PUBLICATION I, URIEL U. URDUJA, single, of legal age, Filipino citizen, with residence and postal address at 75 Lower Liwanag, Loakan, Baguio City, Philippines, after having been duly sworn in accordance with law, do hereby depose and say: 1. That I am the Classified Ads Manager and authorized representative of the Uphill Times, a newspaper of general circulation which is published weekly in English, with editorial and business address at 67 Gov. Pack Road, Baguio City, Philippines; 2. That the Notice of Judicial Settlement of the Estate of Ulpindo U. Untalan was published in the regular issues of the Uphill Times which was distributed to its subscribers; 3. That the Notice was published on September 29, October 6 and 13, 2013; 4. That the fee charged in publishing the Notice in the amount of Php 3,000.00 has been paid in full; and 5. That I execute this Affidavit of Publication to attest to the truth of the aforementioned facts and for any other legal purpose that this Affidavit could serve.
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IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, in the City of Baguio, Philippines.
URIEL U. URDUJA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by URIEL U. URDUJA, who exhibited to me her SSS ID No. 33-7745321-9, as competent proof of her identity, who is the same person who personally signed before me the foregoing affidavit and acknowledged that she executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 21; Page No. 5; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF SUPPORT I, VICTOR V. VALENTINE, married to VANESSA VALENTINE, of legal age, American citizen, with permanent address at Lexington Avenue, New York, USA and temporary Philippine address at Quezon Hill, Baguio City, Philippines, after having been sworn to accordance with law, do hereby depose and state that:
V. 65 28 in
1. I am the brother of VIVIAN V. VALENTINE, with pending application for Student Visa with the Department of Immigration and Citizenship of Canada; 2. I am willing to extend my whole hearted support for her studies in Canada, I being her brother and have the financial capability to provide all her needs during the period of her studies; 3. At present, I am maintaining a bank account with BDO Banking Corporation located in Session Road Branch in Baguio City, Philippines under passbook savings account number 18-14-57937-4 and Time Deposit Account Number COD 789981 with an amount of Two Million Five Hundred Twenty One Thousand Seven Hundred Fifty Pesos and Twenty-eight centavos (Php2,521,750.28) where I can source out all needed expenses that my sister may use during her studies should her application be granted; 4. In relation to the support, I have authorized VIVIAN V. VALENTINE to withdraw any amount from my bank account which she needs during the period of her studies. Attached to this affidavit is a copy of the said authorization marked as ANNEX “A” to form an integral part hereof; 5. Aside from my savings mentioned in paragraph 3 of this Affidavit, my other source of income where I can source out additional financial support for VIVIAN V. VALENTINE are from my salaries and earnings in the United States; 6. I shall provide any other support that she may need other than money should it be necessary or as maybe further required by the Canadian Government during the period of her studies in said country; 7. I am executing this Affidavit to attest the truth of the foregoing facts and to support the application of VIVIAN V. VALENTINE, my sister, 43
for the issuance of her student visa and for all legal intents this Affidavit may lawfully serve. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of November 2013, in Baguio City, Philippines.
VICTOR V. VALENTINE Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by VICTOR V. VALENTINE who exhibited to me his US Passport No. DD1478998, valid until February 14, 2017, as competent proof of his identity, and who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 22; Page No. 5; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF TRANSFER We, WENDY W. WAGAYEN, single, of legal age, Filipino citizen, and with residence and postal address at 21 Monterrazas Village, Itogon, Benguet and WARREN W. WILSON, single, of legal age, Filipino citizen, and with residence and postal address at 95 PNB Village, Marcos Highway, Baguio City, after having been duly sworn in accordance with law, do hereby depose and state that: 1. The land I, WENDY W. WAGAYEN, sold in favor of WARREN W. WILSON, with an area of ONE HUNDRED FORTY (140) SQUARE METERS more or less, located at West Buyagan, La Trinidad, Benguet by virtue of that Absolute Deed of Sale of Registered Land entered as Doc. No. 10; Page No. 2; Book No. I; Series of 2013, of the Notarial Registry of Atty. LAIRD DIONEL N. URBANOZO of Baguio City, Philippines, dated April 21, 2013 is my retention area of not more than five (5) hectares; 2. I, WARREN W. WILSON, own an aggregate landholding, including the land area of ONE HUNDRED FORTY (140) SQUARE METERS that I am acquiring from WENDY W. WAGAYEN, which is not more than five (5) hectares; and 3. This affidavit is executed in compliance with the DAR Administrative Order No. 01, Series of 1989 as well as to show proof that the land subject of the above-mentioned transaction is a retention area or portion of a retention area not exceeding five (5) hectares. IN WITNESS WHEREOF, we have hereunto set our hands this 22nd day of November 2013, in the City of Baguio, Philippines.
WENDY W. WAGAYEN Affiant
WARREN W. WILSON Affiant
45
SUBSCRIBED AND SWORN to before me, in the City of Baguio this 22nd day of November 2013, by WENDY W. WAGAYEN and WARREN W. WILSON, who has satisfactorily proven their identities through: WENDY W. WAGAYEN, with Passport No. WW441245, valid until June 2, 2015. WARREN W. WILSON, with Non-Professional Driver’s License No. GH-778942, valid until April 18, 2015. and who are the same persons who personally signed before me the foregoing affidavit and acknowledged that they executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 23; Page No. 5; Book No. I; Series of 2013
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF WARRANTY I, XAVIER Y. YORO, Filipino citizen, of legal age, single, and a resident of 43 St. Patrick Subd., San Carlos Heights, Baguio City, Philippines, after having been duly sworn in accordance with law, do hereby depose and say: 1. That I am the actual buyer of that motor vehicle which is specifically described as follows: Motor Vehicle MAKE/TYPE ………………… Honda Civic MOTOR NO…………………. 27M89-MMND7213 CHASSIS NO……………..…. KLMDBCW721D121253 COLOR ………………………… Black PLATE NO …….…………….. CDY-114 2. That the fact of purchase is evidenced by a Deed of Sale of Motor Vehicle dated August 21, 2013 whereby YALENA Y. YESAN is the vendor and I am the vendee as entered in the notarial register of Atty. LAIRD DIONEL N. URBANOZO as Doc. No. 14, Page No. 3, Book No. I , and Series of 2013, a copy of said Deed of Sale is hereto attached for reference; 3. That I hereby attest to the authenticity of said Deed of Sale and the genuineness of the transaction and in furtherance thereof, I hereby release the officers and staff of the Land Transportation Office from any liability which may occur in the event that there is any flaw or legal infirmities in said transaction; and 4. That I am executing this Affidavit in order to attest to the veracity of the foregoing circumstances and as a warranty on the authenticity and genuineness of the above mentioned transaction.
47
IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, in Baguio City, Philippines.
XAVIER Y. YORO Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 22nd day of November 2013, by XAVIER Y. YORO, who has satisfactorily proven his identity to me through his Non-Professional Driver’s License No. 9877442, that he is the same person who personally signed the foregoing affidavit before me and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 24; Page No. 5; Book No. I; Series of 2013
48
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x AFFIDAVIT OF WITHDRAWAL I, ZECHARIAH Z. ZINAMPAN, of legal age, Filipino, single and a resident of 36 City Camp, Baguio City, Philippines, having been duly sworn in accordance with law, hereby depose and state: 1. That I filed my candidacy for Kagawad in our barangay for this coming Barangay Election to be held on December 28, 2013; 2. That my Certificate of Candidacy was duly admitted by the Commission on Elections, Baguio City; 3. That since I had changed my plan and not to run as Barangay Kagawad due to the constant tension and stress it had caused me and my family, I am now withdrawing my candidacy for Barangay Kagawad; 4. That I am executing this Affidavit of Withdrawal for the purpose of signifying my intention of withdrawing from the position I am running for and for all legal intents it may serve. IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of November 2013, in Baguio City, Philippines.
49
ZECHARIAH Z. ZINAMPAN Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio this 22nd day of November 2013, by ZECHARIAH Z. ZINAMPAN, who has satisfactorily proven his identity to me through his Non-Professional Driver’s License No. 9657512 that he is the same person who personally signed the foregoing affidavit before me and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 25; Page No. 5; Book No. I; Series of 2013
50
CONTRACTS OR AGREEMENTS DEED is an instrument in writing which conveys an interest in land from the grantor to the grantee; instrument used to effect a transfer of realty; main function is to pass a title to land UNILATERAL DEED/CONTRACT -vendee assumes no obligation - no need for the vendee or the other party to sign the deed/contract nor the acknowledgment therefore BILATERAL DEED/CONTRACT - vendee obliged to do something - vendee or the other party must sign both the deed and the acknowledgment Note: In a DEED, a person disposes of his property or right in favor of another PARTS OF A TYPICAL DEED 1. Title 2. Announcement 3. Party One 4. Consideration 5. Act or Conveyance 6. Party Two 7. Signature 8. Acknowledgment
51
DEED OF ABSOLUTE SALE OF A REGISTERED LAND KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE OF A REGISTERED LAND, made and executed by and between: ANNE B. CORTEZ, single, of legal age, Filipino Citizen, with residence and postal address at 35 Cabinet Hill, Baguio City, Philippines hereinafter referred to as the VENDOR; -andAMELIA B. CAMANAVA, single, of legal age, Filipino Citizen, with residence and postal address at 149 Pias St., Barangay Camp 7, Baguio City, Philippines, hereinafter referred to as the VENDEE; W I T N E S S E T H T H A T: 1 The VENDOR is the exclusive/absolute owner and possessor of that certain registered parcel of land situated in Pico, La Trinidad, Benguet, Philippines covered by TRANSFER CERTIFICATE OF TITLE No. T-73163 issued by the Register of Deeds of Benguet and more specifically described as follows, to wit: TCT No. T-12345 A parcel of land (Lot 98-B, Psd-1-008521, being a portion of Lot 98 (LRC) Psd-44205, LRC REC. No. 35) situated at Bo. Alapang, Mun. of La Trinidad, Province of Benguet, Island of Luzon. Bounded on the SE.,& SW., along lines 1-2-3-4 by Lot 107 (LRC) Psd-44205 (Road) xxx xxx containing an area of TWO HUNDRED SIXTY FIVE (265) SQUARE METERS, more or less. xxx 2 The VENDOR agreed to sell and the VENDEE is willing to buy the above-described parcel of registered land including all its improvements; 3 For and in consideration of the total sum of NINETY THOUSAND EIGHT HUNDRED PESOS (Php 90,800.00), PHILIPPINE CURRENCY, receipt of said total purchase price is hereto 52
acknowledged by the VENDOR, paid by the VENDEE to the VENDOR, the VENDOR by these present hereby SELL, TRANSFER and CONVEY, unto the said VENDEE, their heirs and assigns the above-described parcel of REGISTERED LAND including all improvements; 4 It is hereby declared that the boundaries of the foregoing land are visible by means of natural and man-made boundaries as shown in the survey plan of the above-described parcel of land; 5 The VENDOR hereby warrants that the above-described parcel of land is free from liens and encumbrances and further warrants the peaceful possession by the VENDEE of the hereto sold property; 6 FURTHER, that the requirements under the provisions of ARTICLE 1623 OF THE NEW CIVIL CODE have been complied with. IN WITNESS WHEREOF, the parties have hereunto set their hands this 29th day of November 2013, in the City of Baguio, Philippines.
ANNE B. CORTEZ Vendor CTC No. 83517465 Issued on 01/17/2013 Issued at Baguio City
AMELIA B. CAMANAVA Vendee CTC No. 73521906 Issued on 01/11/2013 Issued at Baguio City
SIGNED IN THE PRESENCE OF:
ANTHONY B. CADAYONA
ANDREA B. CANTORNA
53
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, ANNE B. CORTEZ and AMELIA B. CAMANAVA personally appeared, who have satisfactorily proven to me their identity through their Passport No. SS8264518 valid until December 25, 2014 and Professional Driver’s License No. AO836278, respectively, that they are the same persons who executed and voluntarily signed the foregoing Deed of Absolute Sale of Registered Land which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 26; Page No. 6; Book No. I; Series of 2013
54
DEED OF ABSOLUTE SALE OF A MOTOR VEHICLE KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE OF A MOTOR VEHICLE, made and executed by and between: BRYAN C. DE GUZMAN, single, of legal age, Filipino Citizen, with residence and postal address at 75 Gibraltar, Baguio City, Philippines hereinafter referred to as the VENDOR; -andBERNARD C. DONATO, single, of legal age, Filipino Citizen, with residenceand postal address at 327 Victoria Village, Quezon Hill, Baguio City, Philippines, hereinafter referred to as the VENDEE; W I T N E S S E T H T H A T: The VENDOR is the owner a motor vehicle, hereinafter referred to as “Personalty” which is particularly described hereunder, to wit: ONE (1) UNIT MOTOR VEHICLE Make: Plate Number: MV File Number: Motor Number: Serial/ Chassis Number: Official Receipt Number: Certificate of Registration Number:
Isuzu UV AYT 736 1749-8462547 735185639839 VCD 9361437 83543638463 83524963849
The VENDOR agreed to sell and the VENDEE is willing to buy the above-described personalty; For and in consideration of the total sum of ONE HUNDRED THOUSAND TWO HUNDRED FIFTY PESOS (Php 100,250.00), PHILIPPINE CURRENCY, receipt of said total purchase price is hereto acknowledged by the VENDOR, paid by the VENDEE to the VENDOR, the VENDOR by these present hereby does SELL, TRANSFER and CONVEY, unto the said VENDEE, her heirs and assigns the above-described motor vehicle; 55
The VENDOR hereby warrants that the above-described personalty is free from liens and encumbrances. IN WITNESS WHEREOF, the parties have hereunto set their hands this 29th day of November 2013, in the City of Baguio, Philippines. BRYAN C. DE GUZMAN Vendor Passport No. SS 8572454 valid until December 20, 2014
BERNARD C. DONATO Vendee Professional Driver’s License No. AO64427498 valid until Sept. 3. 2016
SIGNED IN THE PRESENCE OF: BEN C. DOMONDON
BARRY C. DOMINICANO
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared BRYAN C. DE GUZMAN and BERNARD C. DONATO who exhibited to me their respective identification documents as indicted below their respective names and signatures, known to me as the same persons who executed and voluntarily signed the foregoing Deed of Absolute Sale of a Motor Vehicle which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 27; Page No. 6; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 56
IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343
57
DEED OF ABSOLUTE SALE OF AN UNREGISTERED LAND KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE OF AN UNREGISTERED LAND, made and executed by and between: CATALINO D. ENGRANDE, single, of legal age, Filipino Citizen, and with residence address at 47 New Lucban, Baguio City, Philippines hereinafter referred to as the VENDOR; -andCASPER D. EMISARIO, single, of legal age, Filipino Citizen, with residence address at 732 Tacay Road, Baguio City, Philippines, hereinafter referred to as the VENDEE; W I T N E S S E T H T H A T: The VENDOR is the owner of a certain unregistered parcel of land situated at Sabkil, Loacan, Itogon, Benguet, Philippines and more specifically described as follows, to wit: ASSESSMENT OF REAL PROPERTY NO. 99-005-01234 BOUNDARIES: NORTH: Lot 2 EAST : Lot 1 KIND : AREA : MARKET VALUE : ASSESSED VALUE :
SOUTH: Lot 2052 WEST : Lot 4 Camotal land 4.6351 ha. Php 48,500.00 Php 15,300.00
The VENDOR decides to sell the entire area of the above-described unregistered land including all the improvements therein to herein VENDEE; For and in consideration of the total sum of ONE HUNDRED FORTY THOUSAND PESOS (Php 140,000.00) ONLY, PHILIPPINE CURRENCY, paid by the VENDEE to the VENDOR, the VENDOR by these present hereby SELL, TRANSFER and CONVEY, unto the said VENDEE, his heirs and assigns the above described portion of property; It is hereby declared that the boundaries of the foregoing land are visible by means of natural and man-made boundaries; 58
The Vendor hereby warrants that the above-described portion of unregistered land is free from all liens and encumbrances; The above-described real estate property, not having been registered under Act No. 496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised Administrative Code, as amended by Act No. 3344. IN WITNESS WHEREOF, the parties have hereunto set their hands this 29th day of November 2013, in the City of Baguio, Philippines.
CATALINO D. ENGRANDE Vendor CTC No. 63153968 Issued on 01/08/2013 Issued at Baguio City
CASPER D. EMISARIO Vendee CTC No. 53184750 Issued on 01/10/2013 Issued at Baguio City
SIGNED IN THE PRESENCE OF:
CESARIO D. EVIDENTE
CAMILLA D. ESTEVES
59
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared CATALINO D. ENGRANDE and CASPER D. EMISARIO who have satisfactorily proven to me their identity through their Taxpayer Identification Number 362-953-714 and Professional Driver’s License No. AO734184, respectively, that they are the same persons who executed and voluntarily signed the foregoing Deed of Absolute Sale of an Unregistered Land which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 28; Page No. 6; Book No. I; Series of 2013
60
DEED OF CONDITIONAL SALE OF A PORTION OF AN UNREGISTERED LAND KNOW ALL MEN BY THESE PRESENTS: This DEED OF CONDITIONAL SALE OF A PORTION OF AN UNREGISTERED LAND, made and executed by and between: DOMINADOR E. FRESNEDI, single, of legal age, Filipino Citizen, and with residence address at 89 Caguiao St., Baguio City, Philippines hereinafter referred to as the VENDOR; -andDIMITRI E. FERNANDEZ, single, of legal age, Filipino Citizen, with residence address at 859 Honeymoon, Baguio City, Philippines, hereinafter referred to as the VENDEE; W I T N E S S E T H T H A T: The VENDOR is the owner of a certain unregistered parcel of land situated at Sabkil, Loacan, Itogon, Benguet, Philippines and more specifically described as follows, to wit: ASSESSMENT OF REAL PROPERTY NO. 99-005-01234 BOUNDARIES: NORTH: Lot 2 EAST : Lot 1 KIND : AREA : MARKET VALUE : ASSESSED VALUE :
SOUTH: Lot 2052 WEST : Lot 4 Camotal land 4.6351 ha. Php 48,500.00 Php 15,300.00
The VENDOR decides to sell a portion of the above-described unregistered land including all the improvements therein to herein VENDEE; For and in consideration of the total sum of ONE HUNDRED SIXTY THOUSAND PESOS (Php 160,000.00) ONLY, PHILIPPINE CURRENCY, paid by the VENDEE to the VENDOR, the VENDOR by these present hereby SELL, TRANSFER and CONVEY, unto the said VENDEE, his heirs and assigns the above described portion of property;
61
Now, therefore, for and in consideration of the foregoing, they do hereby agree as follows: 1. That upon signing of this Deed of Conditional Sale, the VENDEE shall pay SIXTY THOUSAND PESOS (Php 60,000.00), as downpayment; 2. That the balance of ONE HUNDRED THOUSAND PESOS (Php100,000.00) shall be paid through Metrobank and Trust Company, Session Road Branch on or before sixty (60) days, or until January 29, 2014, from the execution of this Deed of Conditional Sale; 3. That upon receipt of the Bank Guarantee in favor of the VENDOR, the latter shall execute an Deed of Absolute Sale in favor of the VENDEE; 4. That failure to pay the balance shall cause the automatic rescission of this Contract with damages in the amount of FIFTY THOUSAND PESOS (Php 50,000.00); 5. That the realty taxes and special assessments on the subject property on or before the date of sale, cost of operation of the documents of sale, and notarial fees shall be for the account of the VENDOR; while those realty taxes that shall accrue after the date of this Deed of Conditional Sale, capital gains tax, documentary stamps, costs of registration, transfer tax, and all incidental expenses for the issuance of the new title shall be for the account of the VENDEE. IN WITNESS WHEREOF, the parties have hereunto set their hands this 29th day of November 2013, in the City of Baguio, Philippines.
DOMINADOR E. FRESNEDI Vendor CTC No. 47314869 Issued on 01/15/2013 Issued at Baguio City
DIMITRI E. FERNANDEZ Vendee CTC No. 85185043 Issued on 01/16/2013 Issued at Baguio City
SIGNED IN THE PRESENCE OF : DONATO E. FAROLAN
DANIELLA E. FERGUSON 62
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared DOMINADOR E. FRESNEDI and DIMITRI E. FERNANDEZ who have satisfactorily proven to me their identity through their Taxpayer Identification Number 835-869-976 and SSS No. 96-7497296-1, respectively, that they are the same persons who executed and voluntarily signed the foregoing Deed of Conditional Sale of a Portion of an Unregistered Land which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 29; Page No. 6; Book No. I; Series of 2013
63
DEED OF CONDITIONAL SALE OF A REGISTERED LAND KNOW ALL MEN BY THESE PRESENTS: This DEED OF CONDITIONAL SALE OF A REGISTERED LAND, made and entered into by and between: ELMER F. GAMUEDA, married to ELSA F. GAMUEDA, of legal age, Filipino Citizen, with residence and postal address at 41 Upper Aurora Hill, Baguio City, Philippines, hereinafter referred to as the VENDOR; -andELIZABETH F. GAMBOA, single, of legal age, Filipino Citizen, with residence and postal address at 15 West Bayan Park, Aurora Hill, Baguio City, hereinafter referred to as the VENDEE; W I T N E S S E T H: WHEREAS, the VENDOR is the absolute owner, in fee simple of that certain parcel of land located in Bakakeng, Baguio City, covered by Transfer Certificate of Title No. T-734175, more particularly described as follows: A parcel of land (Lot 2-A-6-C, of the subdivision plan, (LRC) Psd-47132, being a portion of Lot 2-A-6, described on plan, (LRC) Psd-11998, LRC (GLRO) Rec.No. Civil Res. No. 211), situated in the Barrio of Res. Sec. “J”, City of Baguio, Bounded on the N., points 2 to 3, by Lot 2-A-5, (LRC) Psd11998; on the E., points 3 to 4, by Lot 2-A-7, Psd-11998; on the SE., points 4 to 1, by Lot 2-A-6-A of the subdivision plan; and on the W; points 1 to 2, by Lot 2-A-6-B, of the subdivision plan. Beginning at a point marked “1” on plan, being N. 68 deg. 38’ E., 715.59 m. from Triangulation Station, Worcester, Baguio Townsite xxx. Containing an area of FIVE HUNDRED NINETY FOUR (594) SQUARE METERS, more or less. WHEREAS, the VENDOR has agreed to sell unto and in favor of the VENDEE, and the VENDEE is willing and/or agreeable to buy from the VENDOR, its ownership, rights and interest of the above-described land with an area of FIVE HUNDRED NINETY FOUR (594) SQUARE METERS with a total consideration of TWO MILLION FOUR HUNDRED EIGHTY THOUSAND PESOS (Php 2,480,000.00), Philippine Currency, under the terms and conditions provided hereunder; 64
Now, therefore, for and in consideration of the foregoing, they do hereby agree as follows: 1. That upon signing of this Deed of Conditional Sale, the VENDEE shall pay ONE MILLION THREE HUNDRED THOUSAND PESOS (Php1,300,000.00), as downpayment; 2. That the balance of ONE MILLION ONE HUNDRED EIGHTY THOUSAND PESOS (Php 1,180,000.00) shall be paid through Metrobank and Trust Company, Session Road Branch on or before sixty (60) days, or until January 29, 2013, from the execution of this Conditional Deed of Sale; 3. That upon receipt of the Bank Guarantee in favor of the VENDOR, the latter shall execute an Deed of Absolute Sale in favor of the VENDEE; 4. That failure to pay the balance shall cause the automatic rescission of this Contract with damages in the amount of ONE HUNDRED THOUSAND PESOS (Php 100,000.00); 5. That the realty taxes and special assessments on the subject property on or before the date of sale, cost of operation of the documents of sale, and notarial fees shall be for the account of the VENDOR; while those realty taxes that shall accrue after the date of this Deed of Conditional Sale, capital gains tax, documentary stamps, costs of registration, transfer tax, and all incidental expenses for the issuance of the new title shall be for the account of the VENDEE; IN WITNESS WHEREOF, the parties have hereunto set their hands, and affix their signatures, this 29th day of November 2013 in the City of Baguio, Philippines.
ELMER F. GAMUEDA CONSENT: Vendor CTC No. 63216593 Issued on 01/2/2013 Issued at Baguio City
WITH
MY
MARITAL
ELSA F. GAMUEDA CTC No. 83624503 Issued on 01/09/2013 Issued at Baguio City
65
ELIZABETH F. GAMBOA Vendee CTC No. 74532164 Issued on 01/25/2013 Issued at Baguio City SIGNED IN THE PRESENCE OF: ERNIE F. GASTON
EDNA F. GANDER
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared ELMER F. GAMUEDA, ELSA F. GAMUEDA, and ELIZABETH F. GAMBOA who have satisfactorily proven to me their identity through their Professional Driver’s License No. AO94631857 valid until December 1, 2015, Passport No. SS 7528573 valid until December 18, 2014 and Postal ID No. 402544, respectively, that they are the same persons who executed and voluntarily signed the foregoing Deed of Conditional Sale of a Registered Land which they acknowledged before me as their free and voluntary acts and deeds.
66
This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 30; Page No. 6; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343
67
DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: This DEED OF ASSIGNMENT, made and executed by and between: FLORA G. HADUCA, single, of legal age, Filipino citizen, with residence and postal address at 12 Genesis Point Village, Irisan, Baguio City, Philippines, hereinafter referred to as the ASSIGNOR; -andFLERIDA G. HORTALEZA, single, of legal age, Filipino citizen, with residence and postal address at 124 Banig, Tawang, La Trinidad, Benguet, Philippines, hereinafter referred to as the ASSIGNEE. W I T N E S S E T H: That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ONE HUNDRED FIFTY THOUSAND PESOS (Php 150,000.00), Philippine Currency, and in full payment and complete satisfaction thereof, the ASSIGNOR hereby ASSIGN, TRANSFER, and CONVEY unto the ASSIGNEE that certain real estate situated in Pico, La Trinidad, Benguet, and more particularly described as follows: “A parcel of land situated in Pico, La Trinidad, Benguet, xxx Containing an area of FIVE HUNDRED (500) SQUARE METERS, more or less. xxx ” of which real estate the ASSIGNOR is the registered owner, her title being evidenced by Transfer Certificate of Title No. 46295 issued by the Register of Deeds of La Trinidad, Benguet, Philippines. That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned debt of ONE HUNDRED FIFTY THOUSAND PESOS (Php 150,000.00), Philippine Currency. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this 29th day of November 2013 in the City of Baguio, Philippines. FLORA G. HADUCA
FLERIDA G. HORTALEZA 68
Assignor CTC No. 74528518 Issued on 01/12/2013 Issued at Baguio City
Assignee CTC No. 73557503 Issued on 01/9/2013 Issued at La Trinidad, Benguet
SIGNED IN THE PRESENCE OF: FRANCO G. HIRAM
FATIMA G. HEMADY
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared FLORA G. HADUCA and FLERIDA G. HORTALEZA, who have satisfactorily proven to me their identity through their Passport No. SS 3721836 valid until December 20, 2016 and Professional Driver’s License No. AO946284, respectively, that they are the same persons who executed and voluntarily signed the foregoing Deed of Assignment which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 31; Page No. 7; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343
69
DEED OF CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This DEED OF CHATTEL MORTAGE, made and executed by and between: GERTRUDE H. INTAL, single, of legal age, Filipino citizen, with residence and postal address at 16 West Bayan Park, Aurora Hill, Baguio City, Philippines, hereinafter referred to as the MORTGAGOR; -and – GIOVANNI H. ITALIANO, of legal age, Filipino citizen, with residence and postal address at 62 Bonifacio St., Baguio City, Philippines, hereinafter referred to as the MORTGAGEE; W I T N E S S E T H: That the MORTGAGOR is the owner a motor vehicle, which is particularly described hereunder, to wit: Make & Series : KIA BESTA Engine No. : VN - 42176 Chassis No. : DJUXM9562851850 Plate No. : AOY746 MV File No. : 1738 – 000065937A Type of Body : VAN That for and in consideration of a LOAN obtained by the MORTGAGOR from the MORTGAGEE in the sum of SIX HUNDRED THOUSAND PESOS (Php 600,000.00), Philippine Currency, with an interest of TWO PERCENT (2%) MONTHLY, and to secure the payment of the same, the MORTGAGOR hereby freely and voluntarily CEDE, TRANSFER, and CONVEY by way of mortgage unto the MORTGAGEE, his successors and assigns, that motor vehicle abovedescribed; That the MORTGAGOR hereby warrants that the above-described motor vehicle is free from any claim whatsoever, except that which appears in the Certificate of Registration, if any; That the MORTGAGEE with notice to the MORTGAGOR, reserves the right to sell, cede, transfer, assign, or convey to any person or entity its right and interest in and to this chattel mortgage so long as the same is subsisting; 70
That for the purpose of extra-judicial foreclosure, the MORTGAGOR hereby constitute and appoint the MORTGAGEE or his successors to sell the property mortgaged, to sign all documents, receive, receipt for and accept all monies or checks, and to perform any act requisite and necessary to accomplish said purpose; That this Chattel Mortgage shall be for a period of SIX (6) MONTHS to be reckoned from the date of its execution and shall be renewable upon the mutual consent of both parties. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 29th day of November 2013 in the City of Baguio, Philippines. GERTRUDE H. INTAL Mortgagor CTC No. 84615947 Issued on 01/23/2013 Issued at Baguio City
GIOVANNI H. ITALIANO Mortgagee CTC No. 63914037 Issued on 01/28/2013 Issued at Baguio City
SIGNED IN THE PRESENCE OF:
GERMAYNE H. ILAYA
GARY H. INDULGENCIA
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AFFIDAVIT OF GOOD FAITH We, GERTRUDE H. INTAL, Mortgagor, and GIOVANNI H. ITALIANO, Mortgagee, under oath, do hereby swear that the foregoing mortgage is made for purposes of security of the obligation specified in the promissory note thereof and for no other and that the same is a just and valid obligation and not one entered into for purposes of fraud.
GERTRUDE H. INTAL Mortgagor
GIOVANNI H. ITALIANO Mortgagee
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared GERTRUDE H. INTAL and GIOVANNI H. ITALIANO, personally known to me to be the same persons who voluntary executed the foregoing Deed of Chattel Mortgage which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses.
72
WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 32; Page No. 7; Book No. Series of 2013
I;
73
DEED OF CONDITIONAL SALE KNOW ALL MEN BY THESE PRESENTS: This DEED OF CONDITIONAL SALE, made and entered into by and between: HENRY I. JARDIN, married to HONEY I. JARDIN, of legal age, Filipino citizen, with residence and postal address at 98 Upper Aurora Hill, Baguio City, Philippines, hereinafter referred to as the VENDOR; -andHUGH I. JORDAN, single, of legal age, Filipino citizen, with residence and postal address at 98 East Bayan Park, Aurora Hill, Baguio City, hereinafter referred to as the VENDEE; W I T N E S S E T H: WHEREAS, the VENDOR is the absolute owner, in fee simple of that certain parcel of land located in Bakakeng, Baguio City, covered by Transfer Certificate of Title No. T-862967, more particularly described as follows: A parcel of land (Lot 2-A-6-C, of the subdivision plan, (LRC) Psd-47132, being a portion of Lot 2-A-6, described on plan, (LRC) Psd-11998, LRC (GLRO) Rec.No. Civil Res. No. 211), situated in the Barrio of Res. Sec. “J”, City of Baguio, Bounded on the N., points 2 to 3, by Lot 2-A-5, (LRC) Psd11998; on the E., points 3 to 4, by Lot 2-A-7, Psd-11998; on the SE., points 4 to 1, by Lot 2-A-6-A of the subdivision plan; and on the W; points 1 to 2, by Lot 2-A-6-B, of the subdivision plan. Beginning at a point marked “1” on plan, being N. 68 deg. 38’ E., 715.59 m. from Triangulation Station, Worcester, Baguio Townsite xxx. Containing an area of FOUR HUNDRED SIXTY FIVE (465) SQUARE METERS, more or less. WHEREAS, the VENDOR has agreed to sell unto and in favor of the VENDEE, and the VENDEE is willing and/or agreeable to buy from the VENDOR, its ownership, rights and interest of the above-described land with an area of FOUR HUNDRED SIXTY FIVE (465) SQUARE METERS with a total consideration of ONE MILLION SEVEN HUNDRED
74
THOUSAND PESOS (Php 1,700,000.00), Philippine Currency, under the terms and conditions provided hereunder; Now, therefore, for and in consideration of the foregoing, they do hereby agree as follows: 1. That upon signing of this Deed of Conditional Sale, the VENDEE shall pay SEVEN HUNDRED THOUSAND PESOS (Php 700,000.00), as downpayment; 2. That the balance of ONE MILLION ONE PESOS (Php 1,000,000.00) shall be paid through Metrobank and Trust Company, Session Road Branch on or before sixty (60) days, or until January 30, 2013, from the execution of this Deed of Conditional Sale; 3. That upon receipt of the Bank Guarantee in favor of the VENDOR, the latter shall execute an Deed of Absolute Sale in favor of the VENDEE; 4. That failure to pay the balance shall cause the automatic rescission of this Contract with damages in the amount of FIFTY THOUSAND PESOS (Php 50,000.00); 5. That the realty taxes and special assessments on the subject property on or before the date of sale, cost of operation of the documents of sale, and notarial fees shall be for the account of the VENDOR; while those realty taxes that shall accrue after the date of this Deed of Conditional Sale, capital gains tax, documentary stamps, costs of registration, transfer tax, and all incidental expenses for the issuance of the new title shall be for the account of the VENDEE; IN WITNESS WHEREOF, the parties have hereunto set their hands, and affix their signatures, this 29th day of November 2013 in the City of Baguio, Philippines.
HENRY I. JARDIN CONSENT: Vendor CTC No. 64197408 Issued on 01/2/2013 Issued at Baguio City
WITH
MY
HONEY
I.
MARITAL
JARDIN
CTC No. 74210967 Issued on 01/09/2013 Issued at Baguio City
75
HUGH I. JORDAN Vendee CTC No. 07432187 Issued on 01/25/2013 Issued at Baguio City SIGNED IN THE PRESENCE OF: HARVEY I. JARO
HILDA I. JASMIN
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared HENRY I. JARDIN, HONEY I. JARDIN, and HUGH I. JORDAN, who have satisfactorily proven to me their identity through their Passport No. SS 9672584 valid until December 18, 2015, Passport No. SS 8973452 valid until December 20, 2015, and Professional Driver’s License No. AO86749787, respectively, that they are the same persons who executed and voluntarily signed the foregoing Deed of Conditional Sale which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 33; Page No. 7; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 76
DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: This DEED OF DONATION OF PERSONAL PROPERTIES, made and executed by and between: IRENE J. KINTANAR, single, of legal age, Filipino citizen, with residence and postal address at 89 Trancoville, Baguio City, hereinafter referred to as the DONOR; -in favor ofINDIRA J. KINTANAR, single, of legal age, Filipino citizen, with residence and postal address at 76 Ma. Basa, Pacdal, Baguio City, hereinafter called the DONEE; W I T N E S S E T H: That the DONOR is the owner of a precious jewelries, more particularly described as follows: Pair of Amethyst Earrings Gold Necklace with Sapphire Pendant Silver Ring set with Aquamarine stone That the DONEE is a cousin of the DONOR, who has lovingly dedicated eight (8) years of her life as the latter's personal caregiver and companion; That FOR AND IN CONSIDERATION of the DONEE'S trust, devotion and affection shown to the DONOR, and as an act of gratitude and liberality on her part, the DONOR hereby voluntarily GIVES, TRANSFERS, and CONVEYS by way of donation, unto the said DONEE, her heirs and assigns, the above described personal properties, free from all liens and encumbrances; That the DONOR affirms that this donation is not made with intent to deceive her creditors, and that she has reserved for herself sufficient funds and property; That the DONEE hereby ACCEPTS and RECEIVES this donation made in her favor by the DONOR, and hereby manifests her gratefulness for the latter's generosity. 77
IN WITNESS WHEREOF, both the DONOR and DONEE have hereunder subscribed their names this 29th day of November 2013, in the City of Baguio, Philippines. IRENE J. KINTANAR Donor
INDIRA J. KINTANAR Donee
SIGNED IN THE PRESENCE OF: IVANNA J. KINTANAR
IVANHOE J. KALAYAAN
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared IRENE J. KINTANAR and INDIRA J. KINTANAR, who have satisfactorily proven to me their identities through their Passport No. SS 2458413 valid until August 28, 2015 and Professional Driver’s License No. AO41579360, respectively, that they are the same persons who executed and voluntarily signed the foregoing Deed of Donation which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 34; Page No. 7; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) 78
TIN: 302-760-343
79
DEED OF DONATION OF A PORTION OF AN UNREGISTRED LAND KNOW ALL MEN BY THESE PRESENTS: This DEED OF DONATION OF A PORTION OF AN UNREGISTERED LAND, is made and executed by and between: JERRY K. LAMBERTO, married to JENNY K. LAMBERTO, of legal age, Filipino citizen and with residence and postal address at 67 Liteng, Baguio City, hereinafter referred to as the DONOR; -in favor ofJOEL K. LAMBERTO, single, of legal age, Filipino citizen and with residence and postal address at 89 Everlasting St., Q.M. Subdivision, Baguio City, hereinafter referred to as the DONEE; W I T N E S S E T H: That the DONOR is the owner in fee simple of that certain real property situated in the City of Tabuk described as follows: ASSESSMENT OF REAL PROPERTY NO.99-7537-86159 BOUNDARIES: NORTH : Lot 5 EAST : Lot 3 KIND : AREA : MARKET VALUE : ASSESSED VALUE :
SOUTH : Lot 7815 \WEST : Lot 4 Camotal land 6.8295 ha. Php 150,300.00 Php 90,000.00
That the DONEE is the child of the DONOR, who has lovingly dedicated his life as the latter's personal caregiver and companion; That FOR and IN CONSIDERATION of the DONEE'S trust, devotion and affection shown to the DONOR, and as an act of gratitude and liberality on his part, the DONOR hereby voluntarily GIVES, TRANSFERS, and CONVEYS by way of inter vivos donation, unto the said DONEE, his heirs and assigns, one half (1/2) the above described property, together with all the improvements found thereon, free from all liens and encumbrances;
80
That the DONOR affirms that this donation is not made with intent to deceive her creditors, and that he has reserved for himself sufficient funds and property; That the DONEE hereby accepts and receives this donation made in his favor by the DONOR, and hereby manifests his gratefulness for the latter's generosity. IN WITNESS WHEREOF, both the DONOR & DONEE have hereunder subscribed their names this 29th day of November 2013, in the City of Baguio, Philippines.
JERRY K. LAMBERTO CONSENT: Donor CTC No. 75185078 Issued on 01/15/2013 Issued at Baguio City
WITH MY MARITAL JENNY K. LAMBERTO CTC No. 31759365 Issued on 01/15/2013 Issued at Baguio City
JOEL K. LAMBERTO Donee CTC No. 75194629 Issued on 01/15/2013 Issued at Baguio City
SIGNED IN THE PRESENCE OF:
JEREMY K. LANUZA
JENNIFER K. LERMA
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AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared JERRY K. LAMBERTO, JENNY K. LAMBERTO, and JOEL K. LAMBERTO, who have satisfactorily proven to me their identities through JENNIFER K. LERMA, who is personally known to me and who personally knows the parties, that they are the same persons who executed and voluntarily signed the foregoing Deed of Donation of a Portion of an Unregistered Land which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 35; Page No. 7; Book No. I; Series of 2013
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DEED OF EXCHANGE KNOW ALL MEN BY THESE PRESENTS: This DEED OF EXCHANGE, made and entered into by and between: KATHERINE L. MOLINA, single, of legal age, Filipino Citizen, with residence and postal address at 836 Mines View, Baguio City, Philippines, hereinafter referred to as the FIRST PARTY; -andKRISTINA L. MACEDA, single, of legal age, Filipino Citizen, with residence and postal address at Pico, La Trinidad, Benguet, hereinafter referred to as the SECOND PARTY. W I T N E S S E T H: WHEREAS, the FIRST PARTY is the owner and present possessor of a parcel of land located at Pico, La Trinidad, Benguet with an area of FIVE HUNDRED SIXTY (560) SQUARE METERS, more or less, covered by Tax Declaration No. 05-421-75869, particularly described as follows: “Bounded on the North by Section 09; on the south by GLENDA L. LUNA; on the East by JERRY L. DAYAG; and on the West by KLAIR L. ASKI; containing an area of Five Hundred Sixty square meters located at Pico, La Trinidad, Benguet.” WHEREAS, the SECOND PARTY is the owner and present possessor of a certain parcel of land covered and embraced by Transfer Certificate of Title No. T-84217 and more particularly described as follows: “A parcel of land (lot 1, Psd-1-981298), situated in the Bo.Ambiong, Mun. of La Trinidad, Province of Benguet, Island of Luzon. Bounded on the NW. along line 1-2 by property of Rhea Cachero; on the N. along line 2-3 by public land; on the E. along line 3-4 by property of Shana Laurie Locano; on the
83
S., & SW., along lines 4-5-6-7-1 by Lot 2, Psd-1-981298. Beginning at a point marked “1” on Lot 1, xxx xxx containing an area of FIVE HUNDRED SIXTY (560) SQUARE METERS. x xx” WHEREAS, both PARTIES hereto have agreed to exchange their respective properties covering an area of FIVE HUNDRED SIXTY (560) SQUARE METERS from the above-described properties of both parties, which are free from all liens and encumbrances of whatever kind and nature; WHEREAS, the FIRST PARTY thus hereby CEDE, TRANSFER, DELIVER and CONVEY unto the SECOND PARTY its property located in Pico, La Trinidad, Benguet as afore-described (A copy of the sketch plan of the aforementioned property is hereto attached as ANNEX “A”). LIKEWISE, the SECOND PARTY, hereby simultaneously CEDE, TRANSFER, DELIVER and CONVEY unto the FIRST PARTY the aforementioned property; WHEREAS, the PARTIES herein do hereby warrant that their respective properties subject of this Deed of Exchange are free against any claim from third person of whatever kind and nature; WHEREAS, the provisions of Art. 1623 of the New Civil Code of the Philippines has been complied with. IN WITNESS WHEREOF, the PARTIES have hereunto affixed their signatures this 29thday of November 2013, in the City of Baguio, Philippines.
KATHERINE L. MOLINA First Party CTC No. 95721850 Issued on 02/17/2013 Issued at Baguio City
KRISTINA L. MACEDA Second Party CTC No. 85721850 Issued on 01/28/2013 Issued at La Trinidad, Benguet
SIGNED IN THE PRESENCE OF: KARLO L. MIRALLES
KENNETH L. MARAVILLA 84
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared KATHERINE L. MOLINA and KRISTINA L. MACEDA, personally known to me to be the same persons who voluntary executed the foregoing Deed of Exchange which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 36; Page No. 8; Book No. I; Series of 2013
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DEED OF REAL ESTATE MORTGAGE OF A REGISTERED LAND KNOW ALL MEN BY THESE PRESENTS: This DEED OF REAL ESTATE MORTGAGE REGISTERED LAND, made and entered into by and between:
OF
A
LAURA M. NAVARRO, single, of legal age, Filipino citizen, with residence and postal address in 93 Brookside, Baguio City, hereinafter referred to as the MORTGAGOR; -andLEANDRO M. NISPEROS, married to LIZA M. NISPEROS, of legal age, Filipino citizen and with residence and postal address at 10 Quezon Hill, Baguio City, hereinafter referred to as the MORTGAGEE; W I T N E S S E T H: That the MORTGAGOR is indebted to the MORTGAGEE in the amount of SIX HUNDRED THOUSAND PESOS (Php 600,000.00), Philippine Currency, with THREE PERCENT (3%) monthly interest payable within a period of SIX (6) MONTHS from and after the execution of this document or up to May 30, 2014; That for and in consideration of the aforementioned debt of the herein MORTGAGOR in the sum of SIX HUNDRED THOUSAND PESOS (Php600,000.00), Philippine Currency, obtained from the MORTGAGEE, and to secure the payment of the same and those others that the MORTGAGEE may extend to the MORTGAGOR, including interest and expenses, and other obligations owing by the MORTGAGOR to the MORTGAGEE, whether direct or indirect, principal or secondary, the MORTGAGOR do hereby transfer and convey by way of REAL ESTATE MORTGAGE unto the MORTGAGEE, her successors and assigns, that PARCEL OF REGISTERED LAND located along 28 Trancoville, Baguio City which is more particularly described as follows, to wit:
86
TRANSFER CERTIFICATE OF TITLE TECHNICAL DESCRIPTION A parcel of Land (Lot 5, Blk. 11, Psd-1-014521, being a portion of Lot 19, II-11894, L.R.C. Rec. No. ___), situated in the Bo.Trancoville, City of Baguio, Island of Luzon. Bounded on the SE., along line 6-1-2 by Lot 4, Blk. 11, on the SW., along line 2-3 by Alley Lot 5, on the NW., along line 3-4 by Lot 5, Blk. 11, on the NE., along line 4-5-6 by Drainage I Lot 6, all of the Psd-1-014521. Beginning at a point marked “1” of Lot 5 Blk. 11, on plan being S. 4 deg. 13’W., 797.98 m. from B.L. No. 7, Baguio Townsite, thence: S. 86 deg. 16’W., 5.40 m. to point 2; N. 51 deg. 24’W., 2.98 m. to point 3; N. 3 deg. 44’W., 9.70 m. to point 4; S. 83 deg. 29’E., 4.48 m. to point 5; S. 51 deg. 08’E., 11.06 m. to point 6; S. 51 deg. 41’W., 6.02 m. to point of beginning, containing an area of ONE HUNDRED TWENTY (120) SQUARE METERS, more or less. All points referred to are indicated on the plan and are marked on the grounds as PS cyl. Conc. Mons. 15 x 60 cms., except, bearings true, date of original survey on July 8-August 1916 date of subdivision survey on August 23, 1987 – July 15, 1988, executed by Engr. Lizardo Negro and approved on Nov. 14, 1988. including the residential house erected therein covered by ARP No. 2009-89-051-85139 of the records of the Assessor’s Office of Baguio City; That, of which parcel of land, the MORTGAGOR is the absolute owner and present possessor as evidenced by TCT NO.T-73169 of the records of Register of Deeds of Baguio City, under Assessment of Real Property ARP No. 2009-89-051-85139 (land) and (ARP) No. 2009-829085--84164 (building) of the records of the City Assessor’s Office and Register of Deeds of Baguio City, free from all liens and encumbrances; That in case the MORTGAGOR executes subsequent promissory note or notes either as a renewal of the former note, as an extension thereof, or as a new loan, this mortgage shall also stand as security for the payment of the said promissory note or notes and/or accommodations as if they were existing on the date thereof; That this mortgage shall also stand as security for said obligations and all other obligations of the MORTGAGOR to the MORTGAGEE of 87
whatever kind and nature whether such obligations have been contracted before, during or after the constitution of this mortgage; However, if the MORTGAGOR shall pay the MORTGAGEE, his successors or assigns, the obligations secured by this mortgage, together with the interest, cost and other expenses, on or before the date they are due, and shall keep and perform, then this mortgage shall be null and void, otherwise, it shall remain in full force and effect; That this Mortgage is constituted subjected to the following conditions: 1. Should the MORTGAGEE become involved in any litigation which may have relation with any or all of the properties mortgaged by virtue of this instrument, all expenses of the MORTGAGEE in such litigation, including a reasonable amount of attorney’s fees to be determined by the MORTGAGEE, shall be paid by the MORTGAGOR and this mortgage shall stand as security thereof, and in the event of such litigation, any and all obligations of the MORTGAGOR shall likewise become immediately due, payable and defaulted; 2. The MORTGAGOR shall not make any alteration upon or demolish any building or buildings herein mortgaged or encumber the same, without the prior written consent of the MORTGAGEE; 3. The MORTGAGEE may be a bidder at the sale of the mortgaged properties under foreclosure proceedings; 4. The MORTGAGOR shall execute such other documents as may be required by the MORTGAGEE in connection with the loans secured by this mortgage contract subject to the mutual agreement of both parties; 5. Should the MORTGAGOR duly pay or cause to be paid unto the MORTGAGEE and the latter’s heirs and assigns, his total indebtedness of SIX HUNDRED THOUSAND PESOS (Php 600,000.00), Philippine Currency including its THREE PERCENT (3%) monthly interest on or before May 30, 2014, then this mortgage shall thereby be discharged and rendered of no force and effect. Otherwise, the MORTGAGOR does hereby agree that MORTGAGEE, may enforce his rights herein without judicial proceedings by causing the above-described real property to be sold at 88
public auction in Baguio City where the property is situated in accordance with Act No. 3135, as amended by Act No. 4118; 6. Effective upon the breach of any condition or stipulation of this mortgage, the MORTGAGEE is hereby appointed by the MORTGAGOR as his attorney-in-fact to sell or dispose of said property according to Act No. 3135, as amended by Act No. 4118; 7. Should the MORTGAGOR fail to pay his debt of SIX HUNDRED THOUSAND PESOS (Php 600,000.00), Philippine Currency including its THREE PERCENT (3%) monthly interest, on May 30, 2014, said MORTGAGOR does hereby agree to pay a penalty of 1% thereof per month of delay effective on May 30, 2014; 8. Should the MORTGAGOR pay his debt before May 30, 2014, he will only pay the principal amount of SIX HUNDRED THOUSAND PESOS (Php 600,000.00), Philippine Currency plus accrued interests as of the date of payment; and 9. The parties hereto agreed to record this instrument under Act No. 496, as amended and likewise under Act No. 3344. IN WITNESS WHEREOF, the parties have hereunto set their hands in Baguio City, Philippines, on this 29th day of November 2013.
LAURA M. NAVARRO Mortgagor
LEANDRO M. NISPEROS Mortgagee
SIGNED IN THE PRESENCE OF:
LYDIA M. NAVALO
LERMA M. NATANAEL
89
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared LAURA M. NAVARRO and LEANDRO M. NISPEROS, who have satisfactorily proven to me their identities through: LYDIA M. NAVALO with Taxpayer Identification Number 632-854-738 LERMA M. NATANAEL, with Taxpayer Identification Number 745-217937 both of whom personally know the parties, that they are the same persons who executed and voluntarily signed the foregoing Deed of Real Estate Mortgage of a Registered Land which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of FIVE (5) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 37; Page No. 8; Book No. I; Series of 2013 90
DEED OF REAL ESTATE MORTGAGE OF AN UNREGISTERED LAND KNOW ALL MEN BY THESE PRESENTS: This DEED OF REAL ESTATE MORTGAGE UNREGISTERED LAND made and executed by and between:
OF AN
MARTHA N. OANARI, of legal age, single, Filipino citizen, and with residence and postal address at 25 Leonard Wood Road, Baguio City hereinafter known as the MORTGAGOR. -andMARCUS N. OANDASAN, of legal age, married to MARIELLA N. OANDASAN, Filipino citizen, with residence and postal address at 71 Engineers Hill, Baguio City hereinafter known as the MORTGAGEE. W I T N E S S E T H: That the MORTGAGOR is the lawful, absolute and exclusive owner and actual possessor of a property free from all liens and encumbrances particularly described as follows: “An orchard located at Lingsat, San Fernando, La Union declared under Tax Declaration No. 52540 with an area of 300 square meters, more or less, bounded by monuments and no permanent structure. Bounded on the North by Lot No. 1448B; on the East by Lot No. 4556; on the South by Gomez St; and on the West by Lot No. 1337-A and B”. That the MORTGAGOR, for and in consideration of the sum of SIX HUNDRED THOUSAND PHILIPPINE PESOS (Php 600,000.00), received from the MORTGAGEE, does hereby mortgage unto the said MORTGAGEE, his heirs and assigns, the above-described real property including its improvements; That the herein parties have agreed that the above-mentioned loan shall earn interest of EIGHT (8%) percent monthly for a period of TEN (10) months from execution of this contract; That advance payment of TEN (10%) percent for one (1) month shall be paid upon execution of this contract with the subsequent interest to be paid on the 30th day of every month thereafter up to the duration of this contract; 91
That this Deed of Real Estate Mortgage of an Unregistered Land may be renewed upon option of the parties under such terms and conditions acceptable to them; That during the enforcement/term of this contract, the MORTGAGOR shall not enter into any contract that may encumber the above-described property unless with the express and written consent of the MORTGAGEE; That in case of non-payment by the MORTGAGOR of the herein amount and the MORTGAGEE is compelled to pursue foreclosure proceedings, the MORTGAGOR does hereby agree that the said MORTGAGEE may enforce his rights herein without judicial proceedings by causing the above-described property in accordance with Act No. 3135 as amended by Act No. 4118; That the cost of publication, sale, collection, attorney’s fees, taxes and charges in relation to the foreclosure sale shall be borne by the MORTGAGOR; and That the parties do hereby agree to register the Real Estate Mortgage pursuant to the provisions of Act 3135 as amended by Act No. 4118. IN WITNESS WHEREOF, we have hereunto signed this deed of sale, this 29th day of November 2013, in Baguio City, Philippines.
MARTHA N. OANARI Mortgagor
MARCUS N. OANDASAN Mortgagee
SIGNED IN THE PRESENCE OF:
MATILDE N. ORIGINAL
MACARIO N. ORDINARIO
92
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared MARTHA N. OANARI and MARCUS N. OANDASAN, personally known to me to be the same persons who voluntary executed the foregoing Deed of Real Estate Mortgage of an Unregistered Land which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 38; Page No. 8; Book No. I; Series of 2013
93
DEED OF SALE OF A SUBDIVIDED REGISTERED LAND KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE OF A SUBDIVIDED REGISTERED LAND, made and executed by and between: NANCY O. PACIS, of legal age, single, Filipino citizen, and with residence and postal address at 46 Pacdal, Baguio City hereinafter known as the VENDOR. -andNICOLLO O. PASADENA, of legal age, married to NICOLLETE O. PASADENA, Filipino citizen, with residence and postal address at 171 Engineers Hill, Baguio City hereinafter known as the VENDEE. W I T N E S S E T H: That the VENDOR is the absolute owner of a certain parcel of land situated in Trancoville, Baguio City, covered by Transfer Certificate of Title No. T-465836 issued by the Registry of Deeds of Baguio City, and more particularly described as follows: TRANSFER CERTIFICATE OF TITLE TECHNICAL DESCRIPTION A parcel of Land (Lot 5, Blk. 11, Psd-1-014521, being a portion of Lot 19, II-11894, L.R.C. Rec. No. ___), situated in the Bo.Trancoville, City of Baguio, Island of Luzon. Bounded on the SE., along line 6-1-2 by Lot 4, Blk. 11, on the SW., along line 2-3 by Alley Lot 5, on the NW., along line 3-4 by Lot 5, Blk. 11, on the NE., along line 4-5-6 by Drainage I Lot 6, all of the Psd-1-014521. Beginning at a point marked “1” of Lot 5 Blk. 11, on plan being S. 4 deg. 13’W., 797.98 m. from B.L. No. 7, Baguio Townsite, thence: S. 86 deg. 16’W., 5.40 m. to point 2; N. 51 deg. 24’W., 2.98 m. to point 3; N. 3 deg. 44’W., 9.70 m. to point 4; S. 83 deg. 29’E., 4.48 m. to point 5; S. 51 deg. 08’E., 11.06 m. to point 6; 94
S. 51 deg. 41’W., 6.02 m. to point of beginning, containing an area of ONE HUNDRED TWENTY(120) SQUARE METERS, more or less. All points referred to are indicated on the plan and are marked on the grounds as PS cyl. Conc. Mons. 15 x 60 cms., except, bearings true, date of original survey on July 8-August 1916 date of subdivision survey on August 23, 1987 – July 15, 1988, executed by Engr. Nicolas Pintakasi and approved on Nov. 14, 1988. That the VENDEE has offered to buy and the VENDOR has agreed to sell a portion of the above described property, pending its subdivision in accordance with law, for a price and under the terms and conditions herein set forth; Therefore, for and in consideration of the sum of SIX HUNDRED FIFTY THOUSAND PESOS (Php 650,000.00), the receipt whereof is hereby acknowledged from the VENDEE, the VENDOR does hereby sell, transfer and convey in a manner absolute and irrevocable unto the VENDEE, his/her heirs and assigns that certain portion of the land above; That the VENDOR does hereby warrant valid title to and peaceful possession of, the portion of land herein sold and conveyed, and will defend the same unto the said VENDEE his/her heirs and assigns against the claims of third persons whomsoever; That the parties hereto hereby agree that within a period of SIXTY (60) days from and after the execution of this instrument, the VENDOR shall engage the services of a licensed geodetic engineer to undertake the preparation of the necessary survey plan of subdivision, segregating the definite portion object of this sale, and submit the same to the proper government authorities for verification and approval in accordance with law; That pending approval of the subdivision plan, the parties hereto have agreed to register this Deed of Sale in the Office of the Register of Deeds concerned by way of memorandum: annotation on the corresponding certificate of title as permitted under the provision of Section 58 of Act 496, as amended with the understanding that upon the final approval of said subdivision plan and the corresponding technical description of the resulting lots, certified copy thereof shall forthwith be filed with the Register of Deeds to enable him to effect the segregation process by the issuance of a new certificate of title in the name of the herein VENDEE for the portion of 95
land sold and another certificate in the name of the herein VENDOR for the portion remaining; That the parties further agree that the expenses incident to the survey of the land shall be deemed to be included in the consideration of this sale, and that the attorney’s fees for the preparation of the necessary deed and other legal papers as well as the requisite documentary stamps shall be for the account of the VENDOR, while the registration fees to be payable to the Register of Deeds and transfer tax shall be for the account of the VENDEE. IN WITNESS WHEREOF, we have hereunto signed this Deed of Sale, this 29th day of November 2013, in Baguio City, Philippines.
NANCY O. PACIS Vendor
NICOLLO O. PASADENA Vendee
SIGNED IN THE PRESENCE OF:
NORMAN O. PANATA
NICASIO O. POLICARPIO
96
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared NANCY O. PACIS and NICOLLO O. PASADENA who have satisfactorily proven to me their identities through NORMAN O. PANATA, who is personally known to me and who personally knows the parties, that they are the same persons who executed and voluntarily signed the foregoing Deed of Sale of a Subdivided Registered Land and acknowledged to me that the same is their free and voluntary acts and deeds. This instrument consisting of FOUR (4) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 39; Page No. 8; Book No. I; Series of 2013
97
DEED OF SALE OF A FRANCHISE OF A PUBLIC UTILITY VEHICLE KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE OF A FRANCHISE OF A PUBLIC UTILITY VEHICLE, made and executed by and between: OMAR P. QUIRINO, single, of legal age, Filipino citizen, with residence and postal address at 725 Wangal, La Trinidad, Benguet, Philippines, hereinafter referred to as the VENDOR; -andOSCAR P. QUINTANA, single, of legal age, Filipino citizen, with residence and postal address at 21 Lower Burgos, Baguio City, Philippines, hereinafter referred to as the VENDEE; W I T N E S S E T H: WHEREAS, the VENDOR is the lawful owner of a Certificate of Public convenience to Operate a Taxi Service issued by the Land Transportation Franchising and Regulatory Board, Cordillera Administrative Region, Baguio City under case No. 2006-CAR-165; WHEREAS, for and in consideration of the sum of ONE HUNDRED TWENTY THOUSAND PESOS (Php 120,000.00), Philippine Currency, to me in hand and the receipt whereof is hereby acknowledged from the VENDEE to my entire satisfaction does by these present sell, transfer and convey, in favor of the VENDEE his heirs and assigns the above mentioned Franchise free and clear of all liens and encumbrances; WHEREAS, the VENDOR hereby warrants good and clean ownership over that Franchise and that his rights, interests and participation over it has not been previously alienated, sold nor transferred to any third party, whomsoever; That the VENDOR shall defend the possession and ownership of the above-mentioned Franchise of the VENDEE, against any possible claim of ownership by any third party and adverse claimants; and That the VENDOR is executing this deed of sale freely and voluntary and for all legal intents and purposes that it may serve. IN WITNESS WHEREOF, the PARTIES have hereunto set their hands this 29th day of November 2013, in the City of Baguio, Philippines. OMAR P. QUIRINO
OSCAR P. QUINTANA 98
Vendor CTC No. 63183279 Issued on 01/3/2013 Issued at La Trinidad, Benguet
Vendee CTC No. 84631740 Issued on 01/5/2013 Issued at Baguio City
SIGNED IN THE PRESENCE OF :
ORAL P. QUIROGA
ORCHIDIA P. QUINTO
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared OMAR P. QUIRINO and OSCAR P. QUINTANA, personally known to me to be the same persons who voluntary executed the foregoing Deed of Sale of Franchise of a Public Utility Vehicle which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 40; Page No. 8; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343
99
DEED OF SALE OF HEAVY EQUIPMENT KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE OF HEAVY EQUIPMENT, made and executed by and between: PETER Q. RIVERA, single, of legal age, Filipino Citizen, with residence and postal address at 87 Gibraltar, Baguio City, Philippines, hereinafter referred to as the VENDOR; -andPAUL Q. RAMIREZ, single, of legal age, Filipino Citizen, with residence and postal address at 138 Victoria Village, Quezon Hill, Baguio City, Philippines, hereinafter referred to as the VENDEE; W I T N E S S E T H T H A T: The VENDOR is the owner of a heavy equipment, which is particularly described hereunder, to wit: ONE (1) UNIT HEAVY EQUIPMENT Equipment name: Product Group: Bore & Stroke: Displacement: Aspiration: Configuration: Length mm/in: Width mm/in: Height mm/in: Weigh kg/lb:
Truck CONS 140x152mm [5.50 x 6.00 cu in] 14 liter [855cu in] Turbocharged In-line 6 Cylinder 1661/65 934.6/36.79 1745.8/68.73 1258/2770
The VENDOR agreed to sell and the VENDEE is willing to buy the above-described heavy equipment; For and in consideration of the total sum of THREE HUNDRED THOUSAND TWO HUNDRED FIFTY PESOS (Php 300,250.00), PHILIPPINE CURRENCY, receipt of said total purchase price is hereto acknowledged by the VENDOR, paid by the VENDEE to the VENDOR, the VENDOR by these present hereby does SELL, TRANSFER and CONVEY, unto the said VENDEE, her heirs and assigns the abovedescribed heavy equipment; 100
The VENDOR hereby warrants that the above-described heavy equipment is free from liens and encumbrances. IN WITNESS WHEREOF, the parties have hereunto set their hands this 29th day of November 2013, in the City of Baguio, Philippines.
PETER Q. RIVERA Vendor
PAUL Q. RAMIREZ Vendee
SIGNED IN THE PRESENCE OF: PRIMITIVO Q. REA
PONCIANO Q. REY
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared PETER Q. RIVERA and PAUL Q. RAMIREZ personally known to me to be the same persons who executed and signed the foregoing Deed of Sale of Heavy Equipment which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 41; Page No. 9; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13
101
MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343
102
DEED OF SALE OF IMPROVEMENTS WITH SIMULTANEOUS TRANSFER OF RIGHTS KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE OF IMPROVEMENTS WITH SIMULTANEOUS TRANSFER OF RIGHTS, made and executed by and between: QUEENALYN R. SILVERIO, single, of legal age, Filipino Citizen, with residence and postal address at 328 Aurora Hill, Baguio City, Philippines hereinafter referred to as the TRANSFEROR; -andQUENTINE R. SALAZAR, single, of legal age, Filipino Citizen, with residence and postal address at 172 Pias St., Camp 7, Baguio City, Philippines, hereinafter referred to as the TRANSFEREE; W I T N E S S E T H T H A T: 1.
The TRANSFEROR is the exclusive/absolute owner and possessor of that certain registered parcel of land situated in Alapang, La Trinidad, Benguet, Philippines, covered by TRANSFER CERTIFICATE OF TITLE No. T-73163 issued by the Register of Deeds of Benguet and more specifically described as follows, to wit: TCT No. T-73163 A parcel of land (Lot 98-B, Psd-1-008521, being a portion of Lot 98 (LRC) Psd-44205, LRC REC. No. 35) situated at Bo. Alapang, Mun. of La Trinidad, Province of Benguet, Island of Luzon. Bounded on the SE.,& SW., along lines 1-2-3-4 by Lot 107 (LRC) Psd-44205 (Road) xxx containing an area of TWO HUNDRED SIXTY FIVE (265) SQUARE METERS, more or less. xxx
2.
The TRANSFEROR agreed to sell and the TRANSFEREE is willing to buy the above-described parcel of registered land including all its improvements;
3.
For and in consideration of the total sum of NINETY THOUSAND EIGHT HUNDRED PESOS (Php 90,800.00), PHILIPPINE CURRENCY, receipt of said total purchase price is 103
hereto acknowledged by the TRANSFEROR, paid by the TRANSFEREE to the TRANSFEROR, the TRANSFEROR by these present hereby SELL, TRANSFER and CONVEY, unto the said TRANSFEREE, their heirs and assigns the above-described parcel of REGISTERED LAND including all improvements; 4.
It is hereby declared that the boundaries of the foregoing land are visible by means of natural and man-made boundaries as shown in the survey plan of the above-described parcel of land;
5.
The TRANSFEROR hereby warrants that the above-described parcel of land is free from liens and encumbrances and further warrants the peaceful possession by the TRANSFEREE of the hereto sold property;
6.
Further, that the requirements under the provisions of Article 1623 of the New Civil Code have been complied with.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 29th day of November 2013, in the City of Baguio, Philippines.
QUEENALYN R. SILVERIO Transferor CTC No. 3826789 Issued on 02/16/2013 Issued at Baguio City
QUENTINE R. SALAZAR Transferee CTC No. 52705148 Issued on 01/21/2013 Issued at Baguio City
SIGNED IN THE PRESENCE OF :
QUIRINO R. SIMBORIO
QUINTA R. SABALBORO
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} 104
CITY OF BAGUIO
} S.S.
BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared QUEENALYN R. SILVERIO and QUENTINE R. SALAZAR, who have satisfactorily proven to me their identity through their Passport No. SS7489146 valid until December 25, 2014 and Professional Driver’s License No. AO58357136, respectively, that they are the same persons who executed and voluntarily signed the foregoing Deed of Sale of Improvements with Simultaneous Transfer of Rights which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 42; Page No. 9; Book No. I; Series of 2013
DEED OF SALE OF A MOTOR VEHICLE ENGINE 105
KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE OF A MOTOR VEHICLE ENGINE, made and executed by and between: REGINO S. TANTOCO, single, of legal age, Filipino Citizen, with residence and postal address at 48 Gibraltar, Baguio City, Philippines hereinafter referred to as the VENDOR; -andRONALDO S. TENEDERO, single, of legal age, Filipino Citizen, with residence and postal address at 318 Victoria Village, Quezon Hill, Baguio City, Philippines, hereinafter referred to as the VENDEE; W I T N E S S E T H T H A T: The VENDOR is the owner a motor vehicle engine, which is particularly described hereunder, to wit: ONE (1) UNIT MOTOR VEHICLE ENGINE Make: Year: VIN Number: Engine Number: Transmission Number:
Ford Mustang 1994 3FALP5 E9P 8317
The VENDOR agreed to sell and the VENDEE is willing to buy the above-described vehicle engine; For and in consideration of the total sum of FIFTY THOUSAND PESOS (Php 50,000.00), PHILIPPINE CURRENCY, receipt of said total purchase price is hereto acknowledged by the VENDOR, paid by the VENDEE to the VENDOR, the VENDOR by these present hereby does SELL, TRANSFER and CONVEY, unto the said VENDEE, her heirs and assigns the above-described motor engine; The VENDOR hereby warrants that the above-described engine is free from liens and encumbrances. IN WITNESS WHEREOF, the parties have hereunto set their hands this 29th day of November 2013, in the City of Baguio, Philippines.
106
REGINO S. TANTOCO Vendor Passport No. SS 7562957 valid until November 15, 2014
RONALDO S. TENEDERO Vendee Professional Driver’s License No. AO95621759 valid until Sept. 15. 2016
SIGNED IN THE PRESENCE OF: ROGER S. TANJUATCO
RAMONCITO S. TINDALO
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared REGINO S. TANTOCO and RONALDO S. TENEDERO who exhibited to me their respective identification documents as indicated below their respective names and signatures, known to me as the same persons who executed and voluntarily signed the foregoing Deed of Sale of a Motor Vehicle Engine which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 43; Page No. 9; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) 107
TIN: 302-760-343 DEED OF SALE OF A MOTOR VEHICLE WITH FRANCHISE KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE OF A MOTOR VEHICLE WITH FRANCHISE, made and executed by and between: STEPHEN T. URIARTE, single, of legal age, Filipino citizen, with residence and postal address at 25 Wangal, La Trinidad, Benguet, Philippines, hereinafter referred to as the VENDOR; - andSEBASTIAN T. UJANO, single, of legal age, Filipino citizen, with residence and postal address at 12 Lower Burgos, Baguio City, Philippines, hereinafter referred to as the VENDEE; W I T N E S S E T H: Whereas, the VENDOR is the owner a motor vehicle, hereinafter referred to as “Personalty” which is particularly described hereunder, to wit: ONE (1) UNIT MOTOR VEHICLE Make: Plate Number: MV File Number: Motor Number: Serial/ Chassis Number: Official Receipt Number: Certificate of Registration Number:
Isuzu UV AYT 736 1749-8462547 735185639839 VCD 9361437 83543638463 83524963849
Whereas, the VENDOR is also the lawful owner of a Certificate of Public convenience to Operate a Taxi Service issued by the Land Transportation Franchising and Regulatory Board, Cordillera Administrative Region, Baguio City under case No. 2006-CAR-165; Whereas, for and in consideration of the sum of ONE HUNDRED EIGHTY THOUSAND PESOS (Php 180,000.00), Philippine Currency, to me in hand and the receipt whereof is hereby acknowledged from the VENDEE to my entire satisfaction does by these present SELL, 108
TRANSFER and CONVEY, in favor of the VENDEE his heirs and assigns the above mentioned Motor Vehicle with Franchise free and clear of all liens and encumbrances. Whereas, the VENDOR hereby warrants good and clean ownership over that motor vehicle with franchise and that his rights, interests and participation over it has not been previously alienated, sold nor transferred to any third party, whomsoever; That the VENDOR shall defend the possession and ownership of the above-mentioned motor vehicle with franchise of the VENDEE, against any possible claim of ownership by any third party and adverse claimants; Finally, that the VENDOR is executing this deed of sale freely and voluntary and for all legal intents and purposes that it may serve. IN WITNESS WHEREOF, the PARTIES have hereunto set their hands this 29th day of November 2013, in the City of Baguio, Philippines.
STEPHEN T. URIARTE Vendor CTC No. 63183279 Issued on 01/3/2013 Issued at La Trinidad, Benguet
SEBASTIAN T. UJANO Vendee CTC No. 84631740 Issued on 01/5/2013 Issued at Baguio City
SIGNED IN THE PRESENCE OF :
SALLY T. UNTALAN
SAMANTHA T. UMALI
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. 109
BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared STEPHEN T. URIARTE and SEBASTIAN T. UJANO, personally known to me to be the same persons who voluntary executed the foregoing Deed of Sale of a Motor Vehicle with Franchise which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 44; Page No. 9; Book No. I; Series of 2013
DEED OF UNDERTAKING
110
I, TRAVIS U. VILLANUEVA, of legal age, Filipino citizen, married and the incumbent Mayor of Urdaneta City, Pangasinan, after having duly sworn in accordance with the law hereby voluntarily depose and say: 1. That the City Government of Tuguegarao is the consignee of a shipment of two (2) units Schindler Elevator 5385MRL, 1450KG., 1.2MPS, 4stops/opening which comes with miscellaneous spare parts and accessories covered by Bill of Lading No. 4758-8462-857.847. 2. That under the provision of Section of Section 382 of Title Six, Book II of Republic Act No. 7160 otherwise known as “THE NEW LOCAL GOVERNMENT CODE”, we, as a local government unit, shall be exempt of duties and taxes for the importation of machines, equipments, tools, supplies and spare parts; 3. That upon release and possession of the said shipment, and in consideration of said privilege, the words “ENTERED DUTY-TAXFREE UNDER THE NEW LOCAL GOVERNMENT CODE”, shall be printed in a conspicuous space on the machinery and equipment which was accorded duty and tax release; 4. That I am executing this Undertaking to attest to the truth of the foregoing facts. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of November 2013, in Baguio City, Philippines.
111
TRAVIS U. VILLANUEVA Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio this 29th day of November 2013, by TRAVIS U. VILLANUEVA, who has satisfactorily proven his identity to me through his Professional Driver’s License No. A03-72047 valid until August 26, 2014, that he is the same person who personally signed the foregoing Undertaking before me and acknowledged that he executed the same.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 45; Page No. 9; Book No. I; Series of 2013
112
DEED OF WAIVER OF RIGHTS KNOW ALL MEN BY THESE PRESENTS: This DEED OF WAIVER OF RIGHTS, made and executed into by and between: VICTOR U. YAP, married to VICTORIA U. YAP, Filipino citizen, of legal age, with residence and postal address at 63 Quezon Hill, Baguio City, Philippines, hereinafter referred to as the WAIVOR; -in favor ofZACHARY W. UMINGAN, married to ZEALEA W. UMINGAN, Filipino citizen, of legal age, with residence and postal address at 89 New Lucban, Baguio City, Philippines, hereinafter referred to as the WAIVEE; W I T N E S S E T H: Whereas, in a certain public document executed on March 1, 2013, the WAIVOR sold under Pacto de Retro unto the WAIVEE certain real estates situated in 28, Sanitary Camp and 56, Trancoville, Baguio City and more particularly described as follows, to wit: I. A PARCEL OF LAND situated in Sanitary Camp, Baguio City containing an area of SIX HUNDRED (600) square meters more or less. xxx Bounded on the E-along lines1-2-3, Lot 32; on the N-along lines 3-4 Lot 33: on the W- along lines 4-5-6-7, Lot 43; and on the S- along lines 7-8-1, Lot 54, all Cad 405-D, Baguio cadastre. II. 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. N27024, 51768, 89632, N-11782, N-13466, and 21071 situated in Trancoville, City of Baguio, Prov. of Benguet, Is. of Luzon. Bounded on NE., point 4 to 1 by Road Lot 22, on...to the point of beginning; containing an area of (280) square meters more or less..." xxx said property being covered by Original Certificate of Title Nos. 957427 and 967276, respectively, issued by the Register of Deeds of Baguio City;
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Whereas, in accordance with the stipulation contained in said public instrument, the WAIVOR has reserved the right to redeem the subject properties within a period of one (1) year from and after the date of execution thereof; Whereas, the WAIVOR is willing to renounce and waive his right to redeem said properties for valuable consideration, which the WAIVEE has agreed to pay more specifically mentioned herein below; NOW THEREFORE, for and in consideration of the sum of THREE MILLION PESOS (PHP 3,000,000.00), Philippine Currency, in addition to the original purchase price, which additional sum the WAIVOR hereby acknowledges to have received from the WAIVEE to his entire satisfaction, the said WAIVOR does by these presents renounce and waive all his rights and interests in and to the real properties above-described, more specifically the right to redeem which he has reserved unto himself by virtue of the above described public instrument executed on March 1, 2013 duly inscribed in the corresponding Certificate of Title as per entry Nos. 2859 and 2614, and as a consequence of this waiver, the WAIVEE has become the henceforth the sole and absolute owner of the subject properties without any reservation in favor of the WAIVOR. IN WITNESS WHEREOF, the parties hereunto set their hands this 29 day of November 2013, in the City of Baguio, Philippines. th
VICTOR U. YAP CONSENT: Waivor CTC No. 84217593 Issued on 01/12/2013 Issued at Baguio City
WITH
MY
MARITAL
VICTORIA U. YAP
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ZACHARY W. UMINGAN Waivee CTC No. 84164784 Issued on 01/29/2013 Issued at Baguio City
SIGNED IN THE PRESENCE OF: VICENTE U. YARCIA
ZENAIDA W. UMILI
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 29 th day of November 2013, personally appeared VICTOR U. YAP, VICTORIA U. YAP, and ZACHARY W. UMINGAN, who have satisfactorily proven their identities through: VICENTE U. YARCIA with Taxpayer Identification Number 222-333555 ZENAIDA W. UMILI with Taxpayer Identification Number 555-677890 both of whom personally know the parties, that they are the same persons who executed and voluntarily signed the foregoing Deed of Waiver of Rights (over Registered Land) which they acknowledged before me as their free and voluntary acts and deeds.
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This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 46; Page No. 10; Book No. I; Series of 2013
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AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This AGREEMENT entered into by and between: ARTHUR B. CRUZ, of legal age, Filipino citizens, with residence at Buguias, Benguet, herein referred to as the FIRST PARTY; -andDELILAH E. FRANCO, of legal age, Filipino Citizen with residence at New Lucban, Baguio City, Philippines, herein referred to as the SECOND PARTY; W I T N E S S E T H: Whereas, the FIRST PARTY is the registered owner of that TEN WHEELER TRUCK bearing plate number AYI 223, while the SECOND PARTY is a businesswoman duly authorized to haul scrap materials from Benguet Corporation, Balatoc, Itogon, Benguet; Whereas, the SECOND PARTY hereby leased from the FIRST PARTY the aforementioned truck to haul scrap materials owned by Benguet Corporation from the Balatoc Mines starting on December 13, 2013 up to June 20, 2015, and the latter on the other hand agreed to lease out the same to the former; Whereas, this agreement was entered into freely and voluntarily by and between the parties and they shall faithfully and religiously comply with the terms hereof. IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
ARTHUR B. CRUZ First Party Professional Driver’s License No. A01-01-010293 valid until July 6, 2015
DELILAH E. FRANCO Second Party TIN 777-980-555
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SIGNED IN THE PRESENCE OF:
GERTRUDE H. ISIDRO
JUANITO K. LACSAMANA
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared ARTHUR B. CRUZ and DELILAH E. FRANCO, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Agreement and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 47; Page No. 10; Book No. I; 118
Series of 2013 COMPROMISE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This COMPROMISE AGREEMENT executed by and among: BENITO C. DE LA CRUZ, BENVOLIO C. DE LA CRUZ, BRUTUS C. DE LA CRUZ, all of legal ages, Filipinos, all married, with postal address at DE LA CRUZ LAW OFFICES, 7F Citylight Tower, Bonifacio Rd., Baguio City, herein represented by BENITO C. DE LA CRUZ by virtue of a Special Power of Attorney executed on November 25, 2013, and hereinafter referred to as the FIRST PARTIES; -andBAGUIO METROPOLITAN DOCTORS, INC., doing business under the name and style as PINES METROPOLITAN MEDICAL CENTER, a corporation duly organized and existing under Philippine laws, with business address at 3 Camdas, Baguio City, herein represented by its Medical Director, CESARIO D. ENTRADA, M.D., hereinafter referred to as the SECOND PARTY; -andDIEGO E. FORTUNA, M.D., of legal age, Filipino, single, with business address at PINES METROPOLITAN MEDICAL CENTER, 3 Camdas, Baguio City, hereinafter referred to as the THIRD PARTY; W I T N E S S E T H: Whereas, the FIRST PARTIES are the plaintiffs in Civil Case No. 95-9233, entitled “BENITO C. DE LA CRUZ, et al., versus BAGUIO METROPOLITAN DOCTORS, INC, et al." pending in the Regional Trial Court of Baguio City, Branch 6, hereinafter referred to as the "Pending Case"; Whereas, the SECOND PARTY and THIRD PARTY are the defendants in said Pending Case; Whereas, all the parties are desirous of settling amicably the Pending Case, which has been pending for almost eight (8) years, and thereby put to rest a long and costly litigation; NOW, THEREFORE, in consideration of the foregoing premises, the parties hereby undertake as follows: 1. The SECOND PARTY shall voluntarily undertake the following: 119
1.1. To make available to BENITO C. DE LA CRUZ a private room at the Makati Medical Center which is appropriate and adequate, considering his present medical condition, including the continued use of the hospital bed he is now using and a sofa bed, all free of charge and for as long as he remains clinically alive and in need of medical attention; and, 1.2. To provide BENITO C. DE LA CRUZ, likewise free of charge, medicine, drugs, life-support systems, medical equipment and other facilities, medical assistance, neurological treatment and other appropriate medical services from competent nurses, doctors or specialists – which may be advisable or necessary to maintain him in his present condition, including treatment of complications or illnesses of whatever kind or nature which may arise from said treatment or condition. 2. The THIRD PARTY, undertake to make available his expertise or services when and as needed by BENITO C. DE LA CRUZ, upon request by the FIRST PARTIES or the SECOND PARTY: Provided, that, if for any reason whatsoever the THIRD PARTY is unable to do so, he shall exert his best efforts to make available the services of a substitute doctor or specialist, likewise free of charge. 3. The parties agree to, and shall cause, the dismissal, with prejudice, of the Pending Case, including all claims and counterclaims therein, and agree not to file any similar case, whether civil, administrative or criminal, of any kind or nature whatsoever, arising from the same facts, incident, claim, cause or causes of action. 4. Except as provided in paragraphs 1 and 2 hereof, the parties hereby mutually, irrevocably, freely and voluntarily release and forever discharge one another, including the officers, directors, employees, stockholders, successors-in-interest of the SECOND PARTY and the heirs and assigns of the THIRD PARTY, from any and all manner of action, causes of action, sum of money, damages, liability, responsibility, obligation, claims and demands whatsoever in law or equity, which they had, now have, or may have against each other, including, but not limited to, actual, moral, exemplary and all other damages or causes of action provided for under the law, if any, arising, directly or indirectly, from the facts and circumstances giving rise to, surrounding or arising from the complaint and/or counterclaims in the Pending Case , all of which claims or causes of action by these presents the parties hereby abandon and waive. 120
5. This agreement shall not in any way be construed as an admission on the part of any party of any fault, negligence or liability, of whatever kind and nature, in connection with the Pending Case. 6. In case of material breach of the terms and conditions of this agreement, the innocent party is hereby authorized to apply for a writ of execution in the Pending Case for the purpose of compelling compliance with the terms and conditions of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands this 6 day of December 2013 in the City of Baguio, Philippines. th
FIRST PARTIES:
BENITO C. DE LA CRUZ For Himself and in behalf of BENVOLIO C. DE LA CRUZ and BRUTUS C. DE LA CRUZ Professional Driver’s License No. A01-09-180755 Valid until July 18, 2014
SECOND PARTY:
CESARIO D. ENTRADA, M.D. In behalf of BAGUIO METROPOLITAN DOCTORS, INC. PRC License No.0-34932285 Valid until June 16, 2015
THIRD PARTY:
DIEGO E. FORTUNA, M.D. PRC License No.035435782 Valid until Nov. 4, 2016
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SIGNED IN THE PRESENCE OF: GERONIMO H. IRLANDA
JENNY K. LABORATORIO
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared BENITO C. DE LA CRUZ, CESARIO D. ENTRADA, M.D. and DIEGO E. FORTUNA, M.D. who exhibited to me their respective identification documents as appearing below their respective names and signatures, known to me as the same persons who executed and voluntarily signed the foregoing Compromise Agreement which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of FOUR (4) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 48; Page No. 10; Book No. I; Series of 2013 122
CONTRACT FOR PIECE OF WORK KNOW ALL MEN BY THESE PRESENTS: This CONTRACT FOR PIECE OF WORK entered into by and between: CAROLINE D. EMERITO, of legal age, Filipino citizen, with residence and postal address at Maria Pucay Road, Guisad, Baguio City, Philippines, and hereinafter referred to as the FIRST PARTY, -andFRANCIS G. HOLLANDAISE, of legal age, Filipino citizen, with residence and postal address at 18 Poblacion, La Trinidad, Benguet, Philippines, and herein referred to as the SECOND PARTY; W I T N E S S E T H: Whereas, the FIRST PARTY desires to engage the services of the SECOND PARTY to drill a DEEP WELL at MARIA PUCAY ROAD, GUISAD, BAGUIO CITY and the SECOND PARTY is willing to extend his services to the FIRST PARTY as desired under certain terms and conditions; NOW THEREFORE, the PARTIES have hereunto agreed, as they hereby agree, on the following stipulations for the foregoing purposes, to wit: A. SCOPE OF THE WORK The SECOND PARTY shall perform the following: a)
Faithfully and completely furnish to the satisfaction of the FIRST PARTY all necessary labor, tools, supervision and management of the drilling project;
b)
Drill a borehole with a depth of at least TWO HUNDRED (200) feet and a diameter of not less than SIX (6) inches;
c)
Install FOUR (4) inches (diameter) G.I./B.I. pipe casings and perforated/slotted casings;
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d)
Install a gravel pack on the annular space between the borehole wall and the casing;
e)
Develop the well by surging and bailing, cement grout the annular space between the borehole and the lining from the ground surface to FORTY (40) FEET below/downwards;
f) g)
Install the pump and its accessories; and Clean the drilling site upon its completion and demobilize all equipment, tools and/or his personnel. The FIRST PARTY shall pay the total consideration in the amount of EIGHTY THOUSAND PESOS (Php 80,000.00) which will cover for the following, to wit: a) b) c)
FOUR (4) INCH DIAMETER G.I./B.I. PIPES: TWO (2) INCH DIAMETER G.I. PIPES: COSTS of LABOR. B. MODE OF PAYMENT
The FIRST PARTY agreed, as she hereby agrees, to pay to the SECOND PARTY FIFTY (50%) PERCENT of the EIGHTY THOUSAND PESOS (Php 80,000.00) contract price upon execution of this contract which represents the partial payment and the other FIFTY (50%) PERCENT shall be paid upon the purchase of the above-mentioned pipes. But in no case shall the FIRST PARTY pay an amount in excess of EIGHTY THOUSAND PESOS (Php 80,000.00). Should the contract price of EIGHTY THOUSAND PESOS (Php 80,000.00) not suffice for the job contract, the SECOND PARTY hereby obliged himself to shoulder the amount in excess thereof. C. WORK DURATION It is hereby agreed upon that the SECOND PARTY shall accomplish the drilling job within THIRTY (30) to SIXTY (60) DAYS. IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
CAROLINE D. EMERITO First Party Passport No. AW123490 valid until July 9, 2015
FRANCIS G. HOLLANDAISE Second Party TIN 444-333-555 124
SIGNED IN THE PRESENCE OF:
ISIDRO J. KALAPATI
LOVE M. NAMNAMA
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared CAROLINE D. EMERITO and FRANCIS G. HOLLANDAISE, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Contract for Piece of Work and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL. JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 49; Page No. 10; Book No. I; Series of 2013 125
CONTRACT OF EMPLOYMENT
KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF EMPLOYMENT entered into by and between: DESDEMONA E. FERGUSON, single, of legal age, Filipino citizen, with residence and postal address at 34 Palma Road, Baguio City, Philippines, sole proprietor of FEDS PREMIERE FINANCING, a sole proprietorship duly existing under Philippine Laws, with office address at 3/F Laperal Building, Session Road, Baguio City hereinafter referred to as the EMPLOYER; -andGEMMA H. ILADO, single, of legal age, Filipino citizen, with residence and postal address 10 Brookspoint, Aurora Hill, Baguio City, and hereinafter referred to as the EMPLOYEE; W I T N E S S E T H: Whereas, the EMPLOYER desires to engage the services of the EMPLOYEE as CONTRACTUAL EMPLOYEE at FEDS PREMIERE FINANCING and the EMPLOYEE is willing to accept, work and extend her services to the EMPLOYER as desired under the following terms and conditions, to wit: A. DESIGNATION: The Employee shall be hired as a CONTRACTUAL AUDITING ASSISTANT; B. SALARY:
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The Employee shall be paid a monthly salary of TWENTY THOUSAND PESOS (Php 20,000.00);
C. CONTRACT DURATION: It is hereby agreed that the EMPLOYEE shall be hired as such for a period of ONE (1) YEAR which shall be renewable upon the mutual consent and agreement of the parties, Provided, however, that upon the expiration of this contract any extension of employment granted to the EMPLOYEE shall not be deemed as automatic renewal and instead should be covered by a separate contract, Provided, further, that any work extended by the EMPLOYEE after the expiration of this contract and with the consent of the EMPLOYER shall be paid PRO RATA; D. TERMINATION OF CONTRACT: Either party may pre-terminate this contract, Provided, that the party concerned shall serve written notice to the other of her intention to terminate the same at least ONE (1) MONTH prior to the intended termination, Provided, further, that should the EMPLOYEE desire to terminate this contract she shall surrender any document or accountability entrusted to her in relation to her employment. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 6th day of December 2013 in the City of Baguio, Philippines.
DESDEMONA E. FERGUSON Employer Professional Driver’s License No. A0-01-140577 Valid until March 19, 2016
GEMMA H. ILADO Employee TIN 768-908-607
SIGNED IN THE PRESENCE OF:
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JEROME K. LAMANO
MERCEDES N. OPLE
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared DESDEMONA E. FERGUSON and GEMMA H. ILADO, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Contract Of Employment and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 50; Page No. 10; Book No. I; Series of 2013
128
CONTRACT OF EMPLOYMENT KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF EMPLOYMENT entered into by and between: DESDEMONA E. FERGUSON, single, of legal age, Filipino citizen, with residence and postal address at 34 Palma Road, Baguio City, Philippines, sole proprietor of FEDS PREMIERE FINANCING, a sole proprietorship duly existing under Philippine Laws, with office address at 3/F Laperal Building, Session Road, Baguio City hereinafter referred to as the EMPLOYER; -andJEROME K. LAMANO, single, of legal age, Filipino citizen, with residence and postal address No. 10 Ambiong Road, Aurora Hill, Baguio City, and hereinafter referred to as the EMPLOYEE. W I T N E S S E T H: Whereas, the EMPLOYER desires to engage the services of the EMPLOYEE as PERMANENT EMPLOYEE at FEDS PREMIERE FINANCING and the EMPLOYEE is willing to accept, work and extend her services to the EMPLOYER as desired under the following terms and conditions, to wit: A. DESIGNATION: The Employee shall be hired as an AUDITOR; B. SALARY: The Employee shall be paid a monthly salary of THIRTY THOUSAND PESOS (Php 30,000.00); C. CONTRACT DURATION: It is hereby agreed that the EMPLOYEE shall be hired as such for a PERMANENT PERIOD; D. TERMINATION OF CONTRACT: Either party may pre-terminate this contract, Provided, that the party concerned shall serve written notice to the other of his/her intention to terminate the same at least ONE (1) MONTH prior to the intended 129
termination, Provided, further, that should the EMPLOYEE desire to terminate this contract he shall surrender any document or accountability entrusted to him in relation to his employment. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 6th day of December 2013 in the City of Baguio, Philippines. DESDEMONA E. FERGUSON Employer Professional Driver’s License No. A0-01-140577 Valid until March 19, 2016
JEROME K. LAMANO Employee TIN 648-768-503
SIGNED IN THE PRESENCE OF: GEMMA H. ILADO
MERCEDES N. OPLE
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared DESDEMONA E. FERGUSON and JEROME K. LAMANO, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Contract of Employment and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 51; Page No. 11; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 130
MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF LEASE entered into by and between: ELVIRA F. GANSOBIN, single, of legal age, Filipino Citizen, with residence and postal address at 64 Palma Road, Baguio City, Philippines, and hereinafter referred to as the LESSOR; -andHAROLD I. JAVILLONAR, single, of legal age, Filipino Citizen, with residence and postal address 123 Ambiong Road, Aurora Hill, Baguio City, and hereinafter referred to as the LESSEE. W I T N E S S E T H: Whereas, the LESSOR is the lawful, absolute and registered owner of a residential house located at 6 Genesis Point Village, Tuba, Benguet, Philippines, hereinafter referred to as the LEASED PREMISES; Whereas, LESSEE desires to lease the Leased Premises and LESSOR is willing to lease the same unto the LESSEE, subject to the terms and conditions hereinafter specified: NOW, THEREFORE, for and in consideration of the forgoing and mutual covenant herein contained, LESSOR does hereby LEASE, RENT, LET and DELIVER by way of lease unto the LESSEE the Leased Premises, and the LESSEE hereby accepts the same, subject to the following terms and conditions: 1. TERMS. This lease shall be for a fixed period of ONE (1) YEAR commencing on January 1, 2013 and shall expire on January 1, 2014, renewable thereafter upon the mutual agreement of the parties. 2. RENTAL. The monthly rent for the Leased Premises shall be SEVENTEEN THOUSAND PESOS (P 17,000.00) to be paid by the lessee to the lessor within the first ten days of each and every month without the need of demand.
131
3. DEFAULT PAYMENT. In case of default by the LESSEE in the payment of the rent, such as when the checks are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is in default of payment for one (1) month and may forfeit whatever rental deposit or advances have been given by the LESSEE. 4. SUB-LEASE. The LESSEE shall not directly or indirectly sublet, allow or permit the Leased Premises to be occupied in whole or in part by any person, firm or corporation. Neither shall the LESSEE assign its rights hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without the LESSOR'S written approval. 5. APPLIANCES. The Leased Premises is furnished and provided with appliances. The Lessee shall be responsible for any and all repairs of appliances damaged through the lease period. 6. PUBLIC UTILITIES. The LESSEE shall pay for its telephone, electric, cable TV, water, Internet, association dues and other public services and utilities during the duration of the lease; 7. FORCE MAJEURE. If whole or any part of the Leased Premises shall be destroyed or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of God, as to render the leased premises during the term substantially unfit for use and occupation of the LESSEE, then this lease contract may be terminated without compensation by the LESSOR or by the LESSEE by notice in writing to the other. 8. LESSOR'S RIGHT OF ENTRY. The LESSOR or its authorized agent shall after giving due notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE or its representative at any reasonable hour to examine the same or make repairs therein or for the operation and maintenance of the property, or to exhibit the leased premises to prospective LESSEE, or for any other lawful purposes which she may deem necessary. 9. EXPIRATION OF LEASE. At the expiration of the term of this lease or cancellation thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the Leased Premises with all 132
corresponding keys and in as good and tenable condition as the same is now, ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects of any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five Percent (25%) thereof as penalty until the LESSEE shall have complied with the terms hereof. The same penalty shall be imposed in case the LESSEE fails to leave the premises after the expiration of this Contract of Lease or termination for any reason whatsoever. 10.JUDICIAL RELIEF. Should any one of the parties herein be compelled to seek judicial relief against the other, the losing party shall pay an amount of One Hundred Percent (100%) of the amount claimed in the complaint as attorney's fees which shall in no case be less than P50, 000.00, in addition to other costs and damages which said party may be entitled to under the law. 11.This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-interest and assigns. IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
ELVIRA F. GANSOBIN Lessor TIN 091-091-091
HAROLD I. JAVILLONAR Lessee TIN 123-123-123
SIGNED IN THE PRESENCE OF: KASSANDRA L. MANALO
NATHANIEL O. PASCUA
133
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared ELVIRA F. GANSOBIN and HAROLD I. JAVILLONAR, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Contract of Lease and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of FOUR (4) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 52; Page No. 11; Book No. I; Series of 2013
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CONTRACT OF SERVICES KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF SERVICES executed by and between: ENGR. FLORENCE G. HOWARD, a licensed Geodetic Engineer in the Philippines, with office address at 18 Poblacion, La Trinidad, Benguet, Philippines, and hereinafter referred to as the SURVEYOR, -andIAN J. KAY, of legal age, Filipino Citizen, with residence and postal address at 322 Magsaysay Avenue, Baguio City, Philippines, and hereinafter referred to as the CLIENT. W I T N E S S E T H: Whereas, the CLIENT is the surviving heir of the late LEON O. KAY who is the owner of that parcel of land situated at Pico, La Trinidad, Benguet with an area of 29,256 sq.m., more or less and more particularly described in PSU-252483; Whereas, the client desires to engage the services of the SURVEYOR and the latter is willing to accordingly extend his technical services to the CLIENT; NOW THEREFORE, the PARTIES have hereunto agreed, as they hereby agree, on the following stipulations for the foregoing purposes, to wit: SCOPE OF SURVEYOR’S SERVICES Acting in the interest of the CLIENT, the SURVEYOR shall perform and conduct the following: a)
Re-establishment of lost monuments, if needed, of approved plan bearing number PSU-252483, ground survey, relocation, subdivision and other technical jobs necessary for the establishment of the boundaries;
b)
Preparation of (survey) plan indicating relative positions of adverse claimants based on technical descriptions as indicated in the documents, subject, however, to further review;
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c)
Conduct site investigation and issue certifications, if needed, necessary for ongoing and future cases that arises from PSU-252483 concerning matters within the duration of this contract, if any;
d)
Testify in court, if necessary and subject to minimal appearance fee, on the correctness and authenticity of the metes and bounds of the area covered by PSU-252843 and other cases incidental thereto, such as but not limited to the subdivision and amendment of the approved plan; e) To coordinate with the lead counsel on matters requiring legal action or opinion; f) Provide technical advice, assist and help facilitate processes on matters regarding the release of the title or decree, provided that the surveyor will not guarantee, as he cannot guarantee, the release of the said title; and g) Perform any other tasks, included, incidental or inherent to the foregoing as maybe mutually agreed upon by both Parties. REPONSIBILITIES OF THE CLIENT The CLIENT shall: a) Furnish all pertinent documents for the proper accomplishment of the services of the SURVEYOR; and b) Ensure that all surveys are referred to the SURVEYOR, and all fees thereon fully paid and settled. FEES FOR SERVICES The CLIENT binds himself to pay the SURVEYOR a professional fee in the amount of THIRTY THOUSAND PESOS (Php 30,000.00) upon the execution of this contract. All services extended by the SURVEYOR during the subsistence of this contract shall be subject to fees to be agreed upon by the parties based on the current GEP Tariff and to be paid 50 % before the surveyor executes the said service and 50 % upon conveyance of the final output; and The CLIENT likewise agrees and binds himself to segregate, by a proper Deed or Document, a 200 square meter portion of the parcel of land subject of this contract in favor of the SURVEYOR upon the signing of this contract on the further condition that the CLIENT has the 136
option to choose the location from which the said portion shall be segregated; In connection with the 200 square meters portion mentioned above, the SURVEYOR has requested and the CLIENT has agreed that the proper Deed or Document to be executed upon the signing of this contract shall be in the name of one of the children of the SURVEYOR, who as the transferee of such portion is hereby authorized, including his heirs and assigns and the SURVEYOR himself to take possession and make or introduce any and all improvements on the portion mentioned above. GUARANTEE CLAUSE The CLIENT hereby guarantees that he is duly authorized to represent the heirs of LEON O. KAY and/or enter into this contract. The SURVEYOR hereby guarantees that all services subject of this contract shall be duly executed and performed. Provided, however, that the SURVEYOR will not guarantee, as he cannot guarantee, the EXPIDITIOUS, IMMEDIATE and/or FAVORABLE APPROVAL by the proper authorities of said surveys, due to circumstances beyond the control of the SURVEYOR, such as but not limited to, protest by third person/s or third party/ies as the case may be;
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TERMINATION OF THE CONTRACT This contract shall remain in force and effect unless and until both Parties mutually agree in writing to terminate the terms abovementioned; provided however, that either party is furnished one (1) month notice prior to termination. IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
IAN J. KAY Client TIN 091-102-091
ENGR. FLORENCE G. HOWARD Surveyor TIN 123-223-133
SIGNED IN THE PRESENCE OF:
LARA M. NORTON
OREO P. QUARTZ
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared IAN J. KAY and ENGR. FLORENCE G. HOWARD, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Contract of Services and which they acknowledged before me as their free and voluntary acts and deeds.
138
This instrument consisting of FOUR (4) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 53; Page No. 11; Book No. I; Series of 2013
139
CONTRACT OF SUB-LEASE KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF SUB-LEASE made and entered into by and between: GERALD H. IGOR, of legal age, married, Filipino, with residence and postal address 68 Pacdal, Baguio City, Philippines, and hereinafter referred to as the SUB-LESSOR; -andJEREMY K. LIBERA, of legal age, married, Filipino and with residence and postal address at Tuding, Itogon, Benguet, Philippines, and hereinafter referred to as the SUB-LESSEE; W I T N E S S E T H: Whereas, the SUB-LESSOR is the LESSEE of that business establishment located at Abanao Extension, Baguio City; Whereas, the SUB-LESSOR hereby SUBLEASES that aforementioned building owned by MARIO N. O’NEAL, including the FIVE (5) BILLIARD OR POOL TABLES therein, unto the SUBLESSEE; NOW THEREFORE, the parties have agreed on this contract under the following terms and conditions, to wit: A. TERM OF SUB-LEASE – TWO (2) YEARS which shall commence and be effective upon the signing of this contract and shall be renewable upon mutual consent of the parties; B. RENTAL – The SUB-LESSEE shall pay to the SUB-LESSOR for the use and occupancy of the said stall the amount of THIRTY THOUSAND (Php 30,000.00) PESOS per month payable on or before the 1st day of each calendar month during the entire duration of this contract. The SUB-LESSEE however shall deposit SIXTY THOUSAND (Php 60,000.00) PESOS upon the singing of this document. The said deposit however, shall be applied to the last two months of this contract should the term be completed;
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C. SUB-LEASE – The SUB-LESSEE is not allowed under any circumstances to re-sublease the said portion; D. ADVANCE NOTICE TO VACATE – The SUB-LESSEE shall give the SUB-LESSOR thirty (30) days written notice in advance of his intention to vacate the premises before the expiration of the term; E. MAINTENANCE – The SUB-LESSEE shall have the obligation to maintain in good condition the aforementioned billiard tables including the premises of the leased building. Provided, that any damages to the said billiard tables and the leased premises during the subsistence of this contract until its termination shall be for the account of the SUB-LESSEE and the latter shall be obliged to cause the repair of the damage, if any; F. IMPROVEMENTS – The SUB-LESSEE is allowed to introduce improvements in the said leased premises with the condition that it will not alter the purpose for which the said premises was leased and the SUB-LESSEE shall not remove any improvement introduced thereon after the termination of this contract; G. BREACH OR DEFAULT – Should the SUB-LESSEE violate any of the foregoing terms and conditions, the SUB-LESSOR shall have the right to terminate and cancel this contract extra-judicially and the latter may then exclude the former from the premises and shall not be liable to reimburse the SIXTY THOUSAND (Php 60,000.00) PESOS DEPOSIT; H. MUNICIPAL SERVICES – The SUB-LESSEE shall be responsible for the payment of all municipal services, such as but not limited to, water and electrical bills, and that upon the termination of this contract she will surrender the leased premises free from all unpaid bills, whatsoever; Whereas, this lease contract shall be binding to the PARTIES, their heirs and assigns and shall be faithfully complied with. IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
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GERALD H. IGOR Sub-Lessor SSS No. 3-3454358-9
JEREMY K. LIBERA Sub-Lessee TIN 555-009-555
SIGNED IN THE PRESENCE OF:
MARK N. ONSE
PAOLO Q. RIVERA
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared GERALD H. IGOR and JEREMY K. LIBERA, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Contract of Sub-Lease and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL. JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 142
MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 54; Page No. 11; Book No. I; Series of 2013
CONTRACT TO SELL KNOW ALL MEN BY THESE PRESENTS: This CONTRACT TO SELL executed by and between: HAROLD I. JOVEN, single, of legal age, Filipino citizen, with office address at Narda’s Commercial Building, Session Road, Baguio City, Philippines, and herein referred to as the FIRST PARTY; -andJASON K. LIRIO, single, Filipino citizen, of legal age, with postal address at 68 Maligaya Park Subd., Novaliches, Quezon City, Philippines, and herein referred to as the SECOND PARTY; W I T N E S S E T H: Whereas, by virtue of an authority, the FIRST PARTY hereby enters into a contract to sell with the SECOND PARTY over that parcel of land situated at Alapang, La Trinidad, Benguet, covered by Transfer Certificate of Title No. T-52919 and particularly described as follows: TRANSFER CERTIFICATE OF TITLE No. T-52919 A parcel of land (Lot 9, Block 6, Psd-CAR-009561, being a portion of Lot 4, Psu-192324-Amd), situated at Barangay Alapang, Municipality of La Trinidad, Province of Benguet, Island of Island. Bounded on the NW., along line 1-2 by Lot 10, Block 6; and on the NE., along line 2-3 by Lot 19, Block 6; along line 3-4 by Lot 20, Block 6; on the SE., along line 4-5 by Lot 8, Block 6; on the SW., long line 5-1 by Road Lot 2; all of the subdivision plan. Beginning at a point marked “1” on plan being S. 340 deg. 11” W., 545.81 m. from BLBM No. 1 Bo. of Alapang, La Trinidad, Benguet, thence; 143
N. 270 deg. 26’ E., 12.51 m. to point 2; S. 620 deg. 32’ E., 3.94 m. to point 3; S. 620 deg. 32’ E., 4.06 m. to point 4; S. 270 deg. 27’ W., 12.50 m. to point 5; N. 620 deg. 32’ W., 8.00 m. to point of beginning. Containing an area of ONE HUNDRED (100) SQUARE METERS, more or less. All points referred to are indicated on the plan and are marked on the ground by P.S. cyl. conc. mons. 15 x 40 cms. Bearings True; date of Original survey on March 5, 1988; date of subdivision survey on February 8-22, 2002, executed by Junior Geodetic Engineer Paulino Ballola under the supervision of Engr. Philip P. Piluden and was approved on December 17, 2002. Whereas, for and in consideration of the sum of FOUR HUNDRED SEVENTY FIVE THOUSAND (Php 475,000.00) PESOS, Philippine currency, paid in hand by the SECOND PARTY, the PARTIES herein hereby voluntarily enter into this Contract to Sell under the following terms and conditions: PAYMENT: a. The SECOND PARTY pays the amount of FOUR HUNDRED SEVENTY FIVE THOUSAND (Php 475,000.00) PESOS upon the signing of the contract; b. All payments shall be made directly to WINACA DEVELOPMENT CORPORATION with office address at Narda’s Commercial Center, Km. 5, La Trinidad, Benguet. Unauthorized payment shall not be honored by the FIRST PARTY; PENALTY AND CHARGES a. Any unpaid payment shall be charged a penalty equivalent to TWENTY (20%) PERCENT per annum of the total unpaid balance; RELEASE OF TITLE a. The title to the lot shall be released six (6) to nine (9) months after full payment of the purchase price thereof and that of the agreed consideration in the contract to build a 144
residential house thereon; b. Capital and documentary stamps shall be at the account of the FIRST PARTY while the Transfer taxes and other related expenses shall be at the account of the SECOND PARTY; DEFAULT PROVISIONS a. If, at any time, the SECOND PARTY fails to pay the balance or scheduled payments within the required period he shall be considered in default, and a penalty as provided for in item No. 2 hereof shall be charged, and with the option given to the FIRST PARTY to rescind this contract after the expiration of the grace period and all advance payments made shall be forfeited in favor of the latter; b. The provisions herein above-contained shall be without prejudice to the right of the SECOND PARTY to SELL, TRANSFER or CONVEY his rights and interests under this contract to qualified party within the grace period allowed and before actual cancellation of this contract, subject, however, to the written consent of the FIRST PARTY; c. Should this contract be cancelled by the SECOND PARTY, the FIRST PARTY shall refund to the former the cash surrender value of the payments on the property equivalent to FIFTY (50%) PERCENT of the total payments made, less all expenses that the latter may have incurred by reason of the execution of the contract, and expenses that may be incurred for repairs on the premises, if any. Refund is also exclusive of payments for insurance premiums, agents commissions, electric and water bills and related expenses, which may have been paid by the FIRST PARTY for and in behalf of the SECOND PARTY, if any; d. Except for the stipulations on the mode of payment and other conditions necessary for the eventual execution of the Deed of Absolute Sale by the FIRST PARTY in favor of the SECOND PARTY, all other stipulations herein are understood to be made part of the DEED which shall be executed upon complete/full payment of the consideration of this contract; Whereas, the FIRST PARTY warrants that the above-described residential house and lot are free from any lien and/or encumbrance 60 days or less from full payment of the balance; 145
Whereas, the provisions of Art. 1623 of the New Civil Code of the Philippines has been complied with; Whereas, this contract shall be binding and enforceable upon the heirs, assigns and successors of the parties herein. IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
HAROLD I. JOVEN First Party Passport No. RR893490 valid until July 4, 2015
JASON K. LIRIO Second Party TIN 777-980-555
SIGNED IN THE PRESENCE OF:
IRENE J. KOSOVO
LORD M. NOVO
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AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared HAROLD I. JOVEN and JASON K. LIRIO, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Contract to Sell and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of FOUR (4) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 55; Page No. 11; Book No. I; Series of 2013
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INDEMNITY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: Whereas, IRENEO J. KALENTONG and JOVENCIA K. KALENTONG, both died intestate leaving KRISTINA K. KALENTONG, KRISTOFF K. KALENTONG, and KASSANDRA K. KALENTONG as the only surviving heirs; That for the purpose of this contract, the said deceased is being represented by one of their surviving heirs KRISTOFF K. KALENTONG, of legal age, single, Filipino Citizen and with residence and postal address at North Sanitary Camp, Baguio City, Philippines, by virtue of that Special Power of Attorney executed by her co-heirs KRISTINA K. KALENTONG and KASSANDRA K. KALENTONG, a copy of which is hereto attached for easy reference. Whereas, at the time of the respective deaths of the said deceased, they maintained the following BANK ACCOUNTS: BANCO DE ORO, Upper Session Road, Baguio City Branch ACCOUNT NUMBER AMOUNT ACCOUNT TYPE 02-000B-00152-CTF-A P1, 925,475.70 CTF-A 111-81584-5 P1, 076,913.96 PLI Whereas, the surviving heirs of the deceased desire to withdraw the proceeds from the aforementioned accounts. As such, KRISTOFF K. KALENTONG has presented/submitted, among others, the original copies of the respective Death Certificates; Whereas, pursuant thereto, the surviving heirs, through their representative and co-heir herein, hereby release, discharge and free and further undertake to indemnify, Banco De Oro from any and all liabilities, claims, damages, or other causes of whatever nature that may now exist or hereafter exist, in connection with the release in their favor the deposits left by their deceased parents. IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
KRISTOFF K. KALENTONG Representative Co-Heir Postal ID No. 1209384
LEANDRO M. NAVARETTE Bank Manager SSS No. 5-9438767-9
148
SIGNED IN THE PRESENCE OF:
MIRIAM N. OSIAS
PRECIOUS Q. REQUINTA
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared KRISTOFF K. KALENTONG and LEANDRO M. NAVARETTE, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Indemnity Agreement and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of TWO (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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 56; Page No. 12; Book No. I; Series of 2013 149
MEMORANDUM OF AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Memorandum of Agreement made and executed by: JASMINE K. LIBERTAD, of legal age, Filipino, widow, with residence and postal address at 40 Suello Village, Marcos Highway, Baguio City, and hereinafter referred as the FIRST PARTY; -andMARGAUX N. ONDIMA, of legal age, married, Filipino, with postal address at Km. 6, La Trinidad, Benguet, and hereinafter referred as the SECOND PARTY; W I T N E S S E T H: Whereas, the SECOND PARTY is indebted to the FIRST PARTY in the principal amount of ONE HUNDRED FIFTY THOUSAND PESOS (Php150,000.00) as of November 22, 1996 receipt of which is already acknowledged by the SECOND PARTY by virtue of that MEMORANDUM OF AGREEMENT executed on May 17, 2012, which remains unpaid; Whereas, the same amount had already accumulated into FIVE HUNDRED THOUSAND SEVEN HUNDRED TWENTY ONE and THIRTY THREE CENTAVOS (Php 500,721.33) inclusive of interest and penalties at the rate of twenty six percent (26%) and five percent (5%) per annum respectively as of November 28, 2012 and the amount of interest is also increasing at the time of execution of this agreement; Whereas, the SECOND PARTY hereby agrees to pay the said loan inclusive of interests and penalties in favor of the FIRST PARTY herein and the latter likewise agrees to accept the same, under the following terms and conditions, to wit: 1.
The SECOND PARTY hereby acknowledges the loan obligation in the aforementioned MEMORANDUM OF AGREEMENT is still subsisting in the principal amount of ONE HUNDRED FIFTY THOUSAND (Php150, 000.00) plus the accumulated interest and penalties which now has the total amount of FIVE HUNDRED THOUSAND SEVEN HUNDRED TWENTY ONE and THIRTY THREE CENTAVOS (Php500,721.33) wherein said amount shall be paid on or before August 31, 2014; 150
2.
The SECOND PARTY shall pay the total amount of the loan in nine (9) equal monthly installments in the amount of FIFTY FIVE THOUSAND SIX HUNDRED TWENTY FOUR and FIFTEEN CENTAVOS (Php 55, 624.15) commencing in the month of December 2013 up to August 31, 2013 with the single payment in the last month in the amount of ONE HUNDRED FOUR THOUSAND PESOS (Php 104, 000.00);
3.
Finally, both parties hereby agree to mutually comply in good faith with all the terms and conditions of this agreement.
Whereas, this Agreement shall be enforceable and binding to parties herein, their heirs and assigns. IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
JASMINE K. LIBERTAD First Party SSS No. 8-6759870-9
MARGAUX N. ONDIMA Second Party TIN 679-999-876
SIGNED IN THE PRESENCE OF:
PRINCESS Q. REYNA
SHARMAINE T. URIARTE
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AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared JASMINE K. LIBERTAD and MARGAUX N. ONDIMA, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Memorandum of Agreement and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 57; Page No. 12; Book No. I; Series of 2013
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PARTITION AGREEMENT OF A REGISTERED LAND WITH SIMULTANEOUS WAIVER KNOW ALL MEN BY THESE PRESENTS: This PARTITION AGREEMENT OF A REGISTERED LAND WITH SIMULTANEOUS WAIVER entered into by and between: KATHERINE LEVISTE-MONDRAGON, of legal age, widow, Filipino citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines; MARGARET LEVISTE-NAVA, of legal age, widow, Filipino citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines; NAOMI LEVISTE-OANDASAN, of legal age, widow, Filipino citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines; PRICILLA LEVISTE-QUIRINO, of legal age, married to Fidel Quirino, Filipino citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines; and, ROWENA LEVISTE-SAMARIA, of legal age, widow, Filipino citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines. W I T N E S S E T H: Whereas, the above-mentioned parties are the co-owners of that parcel of land situated at Datakan, Kapangan, Benguet, Philippines, and covered by TCT No. T-1086 containing an area of FIVE (5) HECTARES by virtue of that Deed of Extrajudicial Settlement of Estate, which was entered in the Notarial Registry of LAIRD DIONEL N. URBANOZO as Doc. No. 50; Page No. 5; Book No. I; Series of 2013, and more particularly described as follows: Lot 1 Transfer Certificate of Title No. T-1086, Lot 1. Beginning at a point marked 1 on plan F-49403, N. 86-09’ E. 2680.24 m. more or less from B.L.L.M. No.1, Mpl. Dist. of Kapangan, Mt. Province, thence N. 48-43’ E. 62.05 m. to point 2; N. 67-07’ E. 77.72 m. to point 3; N. 64-43’ E. 53.70 m. to point 4; S. 46-22’ W. 98.84 m. to point 5; N. 89-46’ W. 101.27 m. to point 1, point of beginning. With an area of 0.4629 hectare. Point 3 Old G.I.S. in a tree; point 4 Nail in tree; and the rest are B.L. Conc. Mons. 153
Bounded on the North, by property of Severino Malitas and Public Land; on the Southeast and South, by Creek; and on the Northwest, by property of Sudimay. Lot 2 Beginning at a point marked 1 on plan F-49403, N. 86-24’ E. 2493.38 m. more or less from B.L.L.M. No. 1, Mpl. Dist. of Kapangan, Mt. Prov., thence N. 50-37’ E. 95.96 m. to point 2; S. 50-06’ E. 51.70 m. to point 3; S. 46-06’ E. 45.31 m. to point 4; S. 34-48’ W. 107.07 m. to point 5; S. 58-14’ W. 94.21 m. to point 6; N. 26-53’ W. 119.52 m. to point 7; S. 81-56’ W. 48.37 m. to point 8; N. 49-32’ W. 32.95 m. to point 9; N. 36-15’ E. 21.68 m. to point 10; N. 85-37’ E. 105.98 m. to point 1, point of beginning. Containing an area of 2.3318 hectares. Point 2, B.L. on Boulder; points 3,5,6 and 7, Nails in trees; Points 4, 8 and 9, B.L. on Rocks; and the rest are B. L. Conc. Mons. Bounded on the Northeast, by property of Tomas; on the Southeast, by creek; on the Northwest, by properties of Insas and Mariano Casio; and on the Northwest, by Creek. Lot 3 Beginning at a point marked 1 on plan F-49403, N. 85-27’ E. 2473.33 m. more or less from B.L.L.M. No. 1, Mpl. Of Kapangan, Mt. Province, thence N. 77-08’ E. 222.88 m. to point 2; S. 57-17’ W. 182.42 m. to point 3; S. 80-58’ W. 62.41 m. to point 4; N. 2-06’ W. 58.81 m. to point 1, point of beginning. Containing an area of 0.8726 hectare. Points 1 and 2, Old B.L. Conc. Mons.; and the rest are B.L. Conc. Mons. Bounded on the North, by property of Severino Malitas; on the Southeast, by Creek; on the South, by property of Casio; and on the West, by property of Rosalia Vda. De Pacalso. Bearings true. Declination 1-30’ E. Points referred to are marked on plan F49403, Sheet No. 1 Surveyed under authority of Sections 41-43 Act 2874 and in accordance with existing regulations of the Bureau of Lands, by Nemesio Albano, Jr. Surveyor, under the supervision of Gregorio L. Arizabal, Public Land Surveyor, on July 22-25, 1931 and approved on May 20, 1933. Lot 4 Beginning at a point marked 1 on plan F-49403, N. 87-22’ E. 2173.10 m. more or less from B.L.L.M. No. 1 Mpl. Dist. of Kapangan, Mt. Province, thence N. 66-42’ W. 56.61 m. to point 2; N. 6-19’ E. 26.37 m. to point 3; N. 30-15’ W. 10. 52 m. to point 4; N. 51-16’ E. 19.50 m. to point 5; S. 84-02’ E. 17.30 m. to point 6; N. 60-16’ E. 36.25 m. to point 7; S. 29-05’ m. to point 8; N. 75-58’ E. 54.50 m. to point 9; S. 39-03’ W. 110.75 m. to point 1, point of beginning. Containing an area of 0.5608 hectare. Point 9, Old X on Rock; and the rest are B.L. Conc. 154
Mons. Bounded on the North by Properties of Da-aya, Sabelo and Insas; on the Southeast, by property of Locloc Serafino; on the Southwest, by property Locloc Serafino; and on the West, by properties of Bagtang and Da-aya. Bearings True. Declination 1-30’ E. Points referred to are marked on plan F-49403, Sheet No. 2 Surveyed under authority of Sections 41-43 Act No. 2874 and in accordance with existing regulations of the Bureau of Lands, by Nemesio Albano, Jr. Surveyor, under the supervision of Gregorio L. Arizabal, Public Land Surveyor, on July 22-25, 1931 and approved on May 20, 1933. Lot 5 Beginning at a point marked 1 on plan F-49403, S. 87-13’ E. 1943.96 m. more or less from B.L.L.M. No. 1 Mpl. Dist. of Kapangan, thence S. 45-32’ m. 9.07 m. to point 2; N. 21-47’ E. 7.52 m. to point 3; N. 42-20’ W. 8.54 m. to point 4; N. 55-20’ W. 11.04 m. to point 5; S. 73-29’ W. 14.31 m. to point 6; N. 25-01’ W. 63.13 m. to point 7; N. 76-11’ E. 53.73 m. to point 8; S. 5707’ E. 43.90 m. to point 9; S. 10-26’ W. 15.14 m. to point 10; S. 29-35’ W. 33.59 m. to point 11; N. 80-74’ W. 6.24 m. to point 12; S. 20-46’ W. 13.11 m. to point 1, point of beginning. Containing an area of 0.4355 hectare. Pointsnd 9, B.L. Conc. Mons.; and the rest are Old B.L. Conc. Mons. Bounded on the Northwest, by property of Tella; on the Southeast, by properties of Tella and Laoyan Baporo; on the Southwest, by property of Geraldo Pilpilic; and on the Northwest, by Public Land. Bearings True. Declination 0-21’ E. Points referred to are marked on Plan F-49403, Sheet No. 3. Surveyed under authority of sections 41-43 Act No. 2874 and in accordance with existing regulations of the Bureau of Lands, by Teodoro Salanga, Public Land Surveyor, on April 3,1935 and approved on May 4, 1937. Lot 6 Beginning at a point marked 1 on plan 49403, S. 87-14’ E. 2624.71 m. more or less from B.L.L.M. No. 1 Mpl. Dist. of Kapangan, thence S. 27-59’ E. 95.19 m. to point 2; S. 34-42’ E. 9.49 m. to point 3; S. 39-32’ w. 36.26 m. to point 4; N. 59-38’ W. 26.85 m. to point 5; N. 15-59’ W. 77.88 m. to point 6; N. 2922’ E. 36.01 m. to point 1, point of beginning. Containing an area of 0.3910 hectare. Point 4, B.L. on stone; point 5, Old X on Stone; Point 6, Old B.L. Conc. Mon.; and the rest are B.L. Conc. Mons. Bounded on the Northwest, Public Land; on the Southeast, by Public Land; on the Southwest, by property of of Locloc Serafino; and on the Northwest, by property of Vintiria. Bearing true. Declination 0-21’ E. Points referred to are marked on plan F-49403, Sheet No. 4. Surveyed under the 155
authority of Section 41-43 Act No. 2874 and in accordance with existing regulations of the Bureau of Lands, by Ricardo R. Quilop, Jr. Surveyor, under the supervision of Gaudencio Fantony, Public Land Surveyor, on April 6, 1936 and approved on May 4, 1937. Whereas, the parties have caused the subdivision of the abovedescribed real property into SIX (6) lots as per Subdivision Plan 1230 and they have partitioned and adjudicated among themselves the said property and as indicated in Transfer Certificate of Title No. 1086 as follows: 1. LOT 1 and 2 with an area of 0.4629 HECTARES shall be adjudicated in favor of KATHERINE LEVISTE-MONDRAGON; 2. LOT 3 shall be adjudicated in favor of MARGARET LEVISTE-NAVA; 3. LOT 4 shall be adjudicated in favor of NAOMI LEVISTE-OANDASAN; 4. LOT 5 shall be adjudicated in favor of PRICILLA LEVISTE-QUIRINO; 5. LOT 6 shall be adjudicated in favor of ROWENA LEVISTE-SAMARIA; Whereas, the copy of Transfer Certificate of Title No. 1086 is hereto attached and made as integral part hereof; Whereas, the co-owner KATHERINE LEVISTE-MONDRAGON, for and in consideration of her love and affection to her children namely: EDWARD L. MONDRAGON, married to Emily Mondragon, GEORGE L. MONDRAGON, married to Marie Mondragon, WILLIAM L. MONDRAGON, single, RICHARD L. MONDRAGON, married to Cristine Mondragon, ARTHUR L. MONDRAGON, married to Cynthia Mondragon and HENRY L. MONDRAGON, single, all of legal age, Filipino Citizens and all residents of La Trinidad, Benguet, Philippines, do hereby WAIVE, as she hereby WAIVED, pro indiviso, all her rights, share and participation over the said parcel of land to her aforementioned children; Whereas, the parties hereby request, the Register of Deeds of Benguet to issue individual Titles in accordance with this partition agreement.
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IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
KATHERINE LEVISTE-MONDRAGON MARGARET NAVA Postal ID No. 6667786 Postal ID No. 1206869
NAOMI LEVISTE-OANDASA Postal ID No. 1203334
PRICILLA QUIRINO Postal ID No. 1203555
ROWENA LEVISTE-SAMARIA Non-Professional Driver’s License No. A03-01-1403327 Valid until May 14, 2014
SIGNED IN THE PRESENCE OF:
SILVERIA T. UMALI
TIMOTEA U. VALDEZ
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AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared KATHERINE LEVISTEMONDRAGON, MARGARET LEVISTE-NAVA, NAOMI LEVISTEOANDASAN, PRICILLA LEVISTE-QUIRINO, and ROWENA LEVISTE-SAMARIA, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Partition Agreement of a Registered Land with Simultaneous Waiver and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of FIVE (5) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 58; Page No. 12; Book No. I; Series of 2013
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PARTITION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This PARTITION AGREEMENT entered into by and between: LEONARD M. NAPA, of legal age, single, Filipino citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines and herein referred to as the FIRST PARTY; MICHAEL M. NAPA, married to Sharon R. Napa, of legal age, Filipino citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines and herein referred to as the SECOND PARTY; -andNATHAN M. NAPA married to Danielle B. Napa, of legal age, Filipino Citizen, with residence and postal address at Montecillo, Camp 7 Barangay, Baguio City, Philippines and herein referred to as the THIRD PARTY; W I T N E S S E T H: Whereas, by virtue of that Deed of Donation of Registered Land entered in the Notarial Registry of LAIRD DIONEL N. URBANOZO as Doc. No. 15; Page No. 3; Book No. I; Series of 2013; dated June 14, 2013; the above-named PARTIES are the co-owners of that parcel of land situated at Montecillo, Camp 7 Barangay, Baguio City, Philippines containing an area of THREE HUNDRED AND SEVENTY NINE (379) SQUARE METERS covered by Transfer Certificate of Title No. T-18349 and more particularly described as follows, to wit: TRANSFER CERTIFICATE OF TITLE No. T-18349 “A parcel of land (Lot 1-F-1-C, Psd-1-06520, being a portion of Lot 1-F-1, Psd-1-06067, L.R.C. REC No. _____) situated at Montecillo, Camp 7 Barangay, Baguio City, Island of Luzon, Philippines. Bounded on the SW., along line 1-2-3 by Lot 1-D, Psd-1-05141, on the W., N., NE., E, & S., along lines 3-4-5-6-7-8-1 by Lot 1-F-1-E, Psd-1-06520. Beginning at a point marked “1” on Lot 1-F-1-C, on plan being N. 37 deg., 48’ E., 1478.03 M. from Triangulation Sta. “CENTER”, Baguio City. Thence N. 16 deg., 57’ W., 19.99 m. to point 2; thence S. 77 deg., 11’ W., 9.82 m. to point 3; thence N. 8 deg., 51’ W., 14.05 m. to point 4; thence N. 74 deg. 19’ E., 10.95 m. to point 5; thence S., 42 deg., 10’ E., 8.72 m. to point 6, thence S. 22 deg., 24’ E., 22.50 m. to point 7l; thence S., 14 deg., 39’ E., 4.35 159
m. to point 8; thence S., 74 deg., 47’ W., 8.8 m. to point of beginning, containing an area of THREE HUNDRED AND SEVENTY NINE (379) SQUARE METERS. All points referred to are indicated on the plan and are marked on the ground as follows: points 4,5,7 & 8 by P.S. Cyl. Conc. Mons. 15 x 60 cm., point 6 by X on stone and the rest by Old P.S. cyl. Conc. mons 15 x 60 cm. bearing true, date of original survey on June 2627, 1941; date of subdivision survey on July 3, 1982 and approved on Aug. 5, 1982.“. Whereas, the PARTIES herein caused the subdivision of the aforementioned parcel of land into THREE (3) lots; Whereas, by virtue of that Approved Consolidation Subdivision Plan of LOTS 1-F-C-1, 1-F-C-2, 1-F-C-3 Psd-CAR-013970 bearing number PcsCAR-001126 as prepared for LEONARD M. NAPA, et.al., the PARTIES herein hereby SUBDIVIDE, PARTITION and ADJUDICATE among themselves the aforementioned parcel of land as follows, to wit: 1. Lot 1-F-C-1, Psd-CAR-013970 with an area of ONE HUNDRED SIXTEEN (116) SQUARE METERS shall be adjudicated in favor of NATHAN M. NAPA, THIRD PARTY herein. A copy of the Technical Description of Lot 1-F-C-1, Psd-CAR-013970 is hereto attached and made part hereof; 2. Lot 1-F-C-2, Psd-CAR-013970 with an area of ONE HUNDRED THIRTY SIX (136) SQUARE METERS, shall be adjudicated in favor of LEONARD M. NAPA, FIRST PARTY herein. Copy of the Technical Description of Lot 1-F-C-2, Psd-CAR-013970 is hereto attached and made part hereof; and 3. Lot 1-F-C-3, Psd-CAR-013970 with an area of ONE HUNDRED TWENTY SEVEN (127) SQUARE METERS, shall be adjudicated in favor of MICHAEL M. NAPA, SECOND PARTY herein. Copy of the Technical Description of Lot 1-F-C-2, Psd-CAR-013970 is hereto attached and made part hereof. Whereas, the parties hereto hereby request, the Registrar of Deeds of Benguet to issue individual Titles in accordance with this Partition Agreement and as per the Approved Consolidation Subdivision Plan of LOTS 1-F-C-1, 1-F-C-2, 1-F-C-3 Psd-CAR-013970 bearing number PcsCAR-001126 a copy of which is hereto attached for reference. Whereas, the above-described parcel of land is in the possession of the PARTIES herein.
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IN WITNESS WHEREOF, parties herein affixed their signatures this 6 day of December 2013 in the City of Baguio, Philippines. th
LEONARD M. NAPA Postal ID No. 1222224
MICHAEL M. NAPA NATHAN M. NAPA Postal ID No. 123356 Postal ID No. 1267597
SIGNED IN THE PRESENCE OF: PAUL N. MANAOIS
LUIGI O. MARIANO
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared LEONARD M. NAPA, MICHAEL M. NAPA, and NATHAN M. NAPA, who exhibited to me their respective identification documents appearing below their names and signatures, both known to me to be the same persons who executed and voluntarily signed the foregoing Partition Agreement and which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 59; Page No. 12; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 161
BUSINESS SPACE LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This BUSINESS SPACE LEASE AGREEMENT is executed and entered into by and between: MIKAELLA N. PANELA, married to JEREMY Y. PANELA, of legal age, Filipino citizen, with residence and postal address at Unit 2 Genesis Point Village, Irisan, Baguio City, hereinafter referred to as the LESSOR; -andNELSON O. QUIRINO, single, of legal age, Filipino citizen, with residence and postal address at Gibraltar Road, Baguio City, hereinafter referred to as the LESSEE. W I T N E S S E T H T H A T: PREMISES LEASED: The LESSOR shall allow the LESSEE to rent/lease the lower and/or basement portion of a Commercial Building located at 4 Jose Sumulong St., Baguio City. The basement portion has two (2) partitions with separate entries, viz: 1 One partition with ingress from the front gate/garage which is not included in the lease contract; 2 One partition with entry outside and adjacent the gate is the exact location of the leased premises. The LESSEE’S occupation is only and specifically outside the main gate’s perimeter or the right portion of the residential building’s basement situated at Southwest until the Southeast portion with reference point facing the residential building from the main road (Sumulong Street); PERIOD OF CONTRACT, RENTAL, DEPOSIT, DUE DATE AND SURCHARGES: This contract of lease shall be binding and enforced for the period of one (1) year beginning from January 1, 2014 until December 31, 2014 provided however, that the LESSEE shall pay proportional rent for the period December 7, 2013 to December 31, 2013. The contract shall not be renewed after December 31, 2014. 162
In case there is valid cause to pre-terminate this contract, the party pre-terminating the same shall give notice to the other at least a month prior to the effectivity of pre-termination. The monthly rental shall be TWENTY THOUSAND PESOS (Php20,000.00) payable every last day of the applicable month starting on January 31, 2014. The rental for the period December 7, 2013 to December 31, 2013 amounting to Php 12,000.00 shall be paid not later than December 31, 2013. In the event that the LESSEE would be delayed in the financial obligation and the payment would only take effect on or before 10th of the succeeding month, a 10% surcharge is added to the previous monthly rental dues. Another 10% surcharge would be meted the delayed payment if such would be concluded after the succeeding month’s ending. TERMS AND CONDITIONS OF THE LEASE: 1 The LESSEE shall, at his sole exclusive account and responsibility, pay the electric and water bills pertaining to the leased premises; 2 The LESSEE shall not make any alteration, modification and/or change or in any manner introduced improvements or repair in the leased premises whether minor or major, temporary or permanent, unless otherwise with the written consent and approval of the LESSOR. The LESSEE is legally liable of any damages incurred in the alteration of the leased property and shall at her expense pay such damages. 3 The LESSEE shall in no case sub-lease the rented premises; 4 The LESSEE shall be obligated to maintain sanitation in the premises and observe proper waste disposal of garbage; 5 The LESSEE is obliged to install anti-fire gadgets and/or fire extinguishers for fire prevention which shall not be taken away after the termination of the contract. The LESSEE shall strictly prohibit smoking in the rented premises; 6 Liquefied petroleum gas (LPG) for cooking purpose only is allowed for use. No inflammable material of any kind whatsoever shall be used, stored or maintained by the LESSEE in the leased premises.
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IN WITNESS WHEREOF, the parties have hereunto set their hands this 6 day of December 2013 in the City of Baguio, Philippines. th
MIKAELLA N. PANELA Lessor
NELSON O. QUIRINO Lessee
SIGNED IN THE PRESENCE OF: ROGER Q. SANTOS
SHEILA Q. TORRES
AC K N OWLE D G M ENT REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. BEFORE ME, a Notary Public in and for the City of Baguio, this 6 th day of December 2013, personally appeared MIKAELLA N. PANELA and NELSON O. QUIRINO, personally known to me to be the same persons who voluntary executed the foregoing Business Space Lease Agreement which they acknowledged before me as their free and voluntary acts and deeds. This instrument consisting of THREE (3) 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 parties and their witnesses. WITNESS MY HAND AND SEAL.
Doc. No. 60; Page No. 12; Book No. I; Series of 2013
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 164
EJECTMENT CASES EJECTMENT is a legal action brought by one claiming a right to possess real property against another who possesses the premises adversely or who is a holdover tenant who remains beyond the termination of a lease but who is not merely a trespasser. Republic of the Philippines Municipal Trial Court in Cities First Judicial Region Branch I, Baguio City ANGELICA Y. SANTIBANYEZ, Plaintiff, -versus-
Civil Case No. 12345-2014 For: Unlawful Detainer
MARIA MAGDALENA P. ALDANA, Defendant. x----------------------------------------------x COMPLAINT COMES NOW the plaintiff through the undersigned counsel and unto this Honorable Court alleges: 1. That plaintiff is a Filipino citizen, of legal age, married, and residing at 8 Orchard Street, Brent Townhomes, Baguio City; 2. That defendant is also a Filipino citizen, of legal age, with residence and postal address at 1 Cabinet Hill, Baguio City where she may be served with summons; 3. That the plaintiff is the lessor of the condominium unit located at 1 Cabinet Hill, Baguio City, Baguio City; 4. That by virtue of a verbal agreement of lease, plaintiff leased unto the defendant the aforesaid condominium unit under the express obligation of paying a monthly rent of fifteen thousand pesos (₱15,000.00), payable within the first five (5) days of every month; 5. That the plaintiff has verbally demanded several times for the defendant to vacate the said condominium unit and to pay the outstanding rents, now amounting to forty-five thousand pesos
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(₱45,000.000) covering the months of October, November, and December 2013; 6. That on January 2, 2014, plaintiff sent a letter of demand for payment of rentals and to order the defendant to vacate the condominium unit, which was received by the defendant; 7. That despite said letter of demand which was followed through with verbal demands, defendant failed and still refused to pay the outstanding rentals and to vacate the condominium unit; 8. That this case has been referred to the Office of the Barangay Captain for conciliation but to no avail; 9. That by reason of the failure of the defendant to vacate the premises and to pay the rent, plaintiff was compelled to file this complaint engaging the services of counsel in the amount of twenty thousand pesos (₱20,000.00). PRAYER WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favor of the plaintiff, and ordering the defendant: 1. to vacate the condominium unit; 2. to pay the sum of forty-five thousand pesos (₱45,000.000) representing the arrears of rent now overdue, and further rentals until the defendant fully vacates the premises; and 3. to pay the cost of the suit. Plaintiff prays for such other remedy as this Honorable Court may deem just and equitable. Baguio City, Philippines, this 10th day of January 2014. JUAN DELA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-04-13 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-04-13 MCLE Compliance No. IV-90210/04-22-13
166
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, ANGELICA Y. SANTIBANYEZ, of legal age, married, Filipino citizen, and a resident of 8 Orchard Street, Brent Townhomes, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 1. I am the plaintiff in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 4. I 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; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency. 6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
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IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January 2014, at Baguio City, Philippines.
ANGELICA Y. SANTIBANYEZ Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 10th day of January 2014, by ANGELICA Y. SANTIBANYEZ, who is personally known to me.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 67; Page No. 14; Book No. I; Series of 2014
Copy Furnished: Atty. Fernando Jose Altamirano Del Castillo Counsel for the Defendant 45 Hotel, Leonard Wood Road, Baguio City
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DEMAND LETTER 2 January 2014 MARIA MAGDALENA P. ALDANA, 1 Cabinet Hill Baguio City Dear Ms. Aldana: I write in behalf of Mrs. Angelica Y. Santibanyez of 8 Orchard Street, Brent Townhomes, Baguio City. Be reminded that you have not paid your rent on the leased premises for the months of October, November, and December 2013 amounting to forty-five thousand pesos (₱45,000.000). Demand was made upon you orally to pay your outstanding rental fees but you refused. Final demand is being made upon you to pay your outstanding rent and vacate the leased premises within five (5) days from receipt of this letter or else my client will have no option left but to file the appropriate case against you in the courts of law. It is recommended that you act on this matter immediately to avoid the embarrassment and rigors of court litigation. Thank you. Very truly yours, JUAN DELA CRUZ JR. Counsel for Mrs. Santibanyez
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Republic of the Philippines Cabinet Hill-Teacher’s Camp Barangay Baguio City OFFICE OF THE LUPONG TAGAPAMAYAPA ANGELICA Y. SANTIBANYEZ, Complainant, -versus-
Barangay Case No. 2014-01 For: Unlawful Detainer
MARIA MAGDALENA P. ALDANA, Respondent. x----------------------------------------------x CERTIFICATION TO FILE ACTION This is to certify that: 1. There has been personal confrontation between the parties in the above captioned case before the Punong Barangay and the Lupon ng Tagapagkasundo. 2. There were neither settlement nor conciliation during the arbitration and mediation proceedings in the barangay. 3. Both Parties agreed and decided to elevate the above stated case to a higher court of law. THEREFORE, the corresponding complaint for the dispute may now be filed in a court of law. Issued this 8th day of January 2014 at Cabinet Hill-Teacher’s Camp, Baguio City. SERGIO M. FERNANDO Lupon Secretary Attested: FACUNDO S. ALIPIN Punong Barangay
Received By:
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Republic of the Philippines Municipal Trial Court in Cities First Judicial Region Branch I, Baguio City ANGELICA Y. SANTIBANYEZ, Plaintiff, -versus-
Civil Case No. 12345-2014 For: Unlawful Detainer
MARIA MAGDALENA P. ALDANA, Defendant. x----------------------------------------------x ANSWER With all due respect to this Honorable Court, Defendant, through the undersigned Counsel, respectfully alleges: 1. That Defendant admits the allegations stated in paragraph 2 of the Complaint as to her personal circumstances; 2. That Defendant admits the allegations contained in paragraph 3 as to the lessor and location of the condominium unit; 3. That Defendant admits the allegations stated in paragraph 4 as to the verbal agreement of lease; 4. That Defendant admits the allegations contained in paragraph 8 as to the non-conciliation at the Office of the Punong Barangay; 5. That Defendant specifically denies the allegations contained in paragraphs 5, 6, and 7 with respect to the non-payment of outstanding rents from October to December 2013; 6. That Defendant specifically denies the allegations stated in paragraph 9 of the Complaint for the need of engaging the services of counsel; SPECIAL AFFIRMATIVE DEFENSES 7. That Defendant noticed on October 2013 that the unit is deteriorating as the roof is infested with termites and may fall at any moment. The plumbing system of the unit also started to leak water in the bathroom and under the sink. Defendant reported these problems to the Plaintiff 171
for several consecutive days, however she did not give attention to these; 8. That Defendant upholds the principle that the Plaintiff must not be unjustly enriched at Defendant’s expense. Defendant worried that accidents may occur due to these problems, took it to herself to have the unit repaired which included the repairs of the roof and the plumbing system in which Defendant incurred expenses amounting to Php 50,000.00; 9. That Defendant reported to Plaintiff the expenses incurred for repairs but Plaintiff did not believe the reports despite of the evidence presented by the Defendant. Plaintiff still demanded the payment for the rent even if it is incumbent upon her to maintain the safety and living conditions of the unit as stipulated in the contract of lease; 10.That if Plaintiff had given attention to the reported problems of the unit by the Defendant, the services of a lawyer would not have been necessary; COUNTERCLAIM 11.That due to the Plaintiff’s unnecessary acts, Defendant was forced to engage the services of the undersigned Counsel wherein they agreed to pay Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing; 12.That due to these acts of the Plaintiff, Defendant suffered and will continue to suffer no end of mental anguish, anxieties, humiliation, wounded feelings and sleepless nights for which if quantified would amount to Php 20,000.00 in the form of Moral Damages; 13.That in order to deter the commission of the same act, Plaintiff should be ordered to pay the amount of Php 10,000.00 as Exemplary Damages. PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered in favor of the Defendant: 1.
Ordering Plaintiff to pay the amount of Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing;
2.
Ordering Plaintiff to pay Php 20,000.00 as Moral Damages; 172
3.
Ordering Plaintiff to pay Php 10,000.00 as Exemplary Damages;
4.
Ordering Plaintiff to pay the costs of this suit.
Defendant further prays for other reliefs and remedies just and equitable under the premises. Baguio City, Philippines, this 13th day of January 2014.
FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Defendant PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila 45 Hotel, Leonard Wood Road, Baguio City
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VERIFICATION I, MARIA MAGDALENA P. ALDANA, of legal age, Filipino citizen, single, and a resident of 1 Cabinet Hill, Baguio City, Philippines, after having been duly sworn to in accordance with law, depose and state that: 1.
I am the Defendant in the above-entitled case;
2.
I have caused the preparation and the filing of the foregoing answer;
3.
I have read the contents thereof and the same are true and correct to the best of my personal knowledge and on the basis of copies of documents and records in my possession.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of January 2014, at Baguio City, Philippines. MARIA MAGDALENA P. ALDANA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 13th day of January 2014, by MARIA MAGDALENA P. ALDANA, who is personally known to me. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Notary Public Until December 31, 2014 45 Hotel, Leonard Wood Road, Baguio City PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila Commission Serial No. 02-NC-13 (R) Doc. No. Page No. Book No. Series of
5 1 V 2014
Copy Furnished: JUAN DELA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City 174
Republic of the Philippines Municipal Trial Court in Cities First Judicial Region Branch I, Baguio City ANGELICA Y. SANTIBANYEZ, Plaintiff, -versus-
Civil Case No. 12346-2014 For: Forcible Entry
MARI MAR P. ALDANA, Defendant. x-------------------------------------x COMPLAINT COMES NOW the plaintiff through the undersigned counsel and unto this Honorable Court alleges: 1. That plaintiff is a Filipino citizen, of legal age, married, and residing at 8 Orchard Street, Brent Townhomes, Baguio City; 2. That defendant is also a Filipino citizen, of legal age, with residence and postal address at 1 Cabinet Hill, Baguio City where she may be served with summons; 3. That the plaintiff is the absolute owner of the Angelica Building located at 1 Cabinet Hill, Baguio City, Baguio City; 4. That on December 25, 2013, the defendant, by means of force, intimidation, strategy and stealth, unlawfully entered upon the penthouse of the above described property; 5. As if to add injury, defendant unloaded her belongings in the penthouse and claimed it as her own even placing her filthy dog Fulgoso on the premises and a sign saying “Property of Mari Mar! No trespassing!” on the door; 6. That plaintiff confronted the defendant but she refused to vacate said penthouse and still persists in continuing the unlawful acts upon the property; 7. That this case has been referred to the Office of the Barangay Captain for conciliation but to no avail; 175
8. That by reason of the failure of the defendant to vacate the premises plaintiff was compelled to file this complaint engaging the services of counsel in the amount of twenty thousand pesos (₱20,000.00). PRAYER WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favor of the plaintiff, and ordering the defendant: 1. Before hearing, a temporary restraining order be issued against the defendant; 2. After due notice and hearing, to issue Writ of Injunction ordering defendant: a. To allow plaintiff to take possession of her property; b. To make the Injunction against defendant permanent and indefinite; 3. Judgment be rendered in favor of the plaintiff ordering defendant to pay, by way of reimbursement of litigation expenses, the amount of not less than twenty thousand pesos (₱20,000.00) and to pay reasonable Attorney’s fees; Plaintiff prays for such other remedy as this Honorable Court may deem just and equitable. Baguio City, Philippines, this 10th day of January 2014. JUAN DELA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-04-13 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-04-13 MCLE Compliance No. IV-90210/04-22-13
176
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, ANGELICA Y. SANTIBANYEZ, of legal age, married, Filipino citizen, and a resident of 8 Orchard Street, Brent Townhomes, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 1. I am the plaintiff in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 4. I 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; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency. 6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
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IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January 2014, at Baguio City, Philippines.
ANGELICA Y. SANTIBANYEZ Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 10th day of January 2014, by ANGELICA Y. SANTIBANYEZ, who is personally known to me.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 68; Page No. 14; Book No. I; Series of 2014
Copy Furnished: Atty. Fernando Jose Altamirano Del Castillo Counsel for the Defendant 45 Hotel, Leonard Wood Road, Baguio City
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Republic of the Philippines Cabinet Hill-Teacher’s Camp Barangay Baguio City OFFICE OF THE LUPONG TAGAPAMAYAPA ANGELICA Y. SANTIBANYEZ, Complainant, -versus-
Barangay Case No. 2014-02 For: Forcible Entry
MARI MAR P. ALDANA, Respondent. x--------------------------------------x CERTIFICATION TO FILE ACTION This is to certify that: 1. There has been personal confrontation between the parties in the above captioned case before the Punong Barangay and the Lupon ng Tagapagkasundo. 2. There were neither settlement nor conciliation during the arbitration and mediation proceedings in the barangay. 3. Both Parties agreed and decided to elevate the above stated case to a higher court of law. THEREFORE, the corresponding complaint for the dispute may now be filed in a court of law. Issued this 8th day of January 2014 at Cabinet Hill-Teacher’s Camp, Baguio City. SERGIO M. FERNANDO Lupon Secretary Attested: FACUNDO S. ALIPIN Punong Barangay
Received By:
179
Republic of the Philippines Municipal Trial Court in Cities First Judicial Region Branch I, Baguio City ANGELICA Y. SANTIBANYEZ, Plaintiff, -versus-
Civil Case No. 12346-2014 For: Forcible Entry
MARI MAR P. ALDANA, Defendant. x--------------------------------------x ANSWER With all due respect to this Honorable Court, Defendant, through the undersigned Counsel, respectfully alleges: 1. That Defendant admits the allegations stated in paragraph 2, 3, 5, 6, and 7 of the Complaint, except the description on paragraph 5 of the dog Fulgoso being filthy which she specifically denies; 2. That Defendant specifically denies the allegation contained in paragraph 4 with respect to unlawfully entering the penthouse by means of force, intimidation, strategy and stealth; 3. That Defendant specifically denies the allegations stated in paragraph 8 of the Complaint for the need of engaging the services of counsel; SPECIAL AFFIRMATIVE DEFENSES 4. That Defendant was invited by Sergio Santibanyez at the penthouse on December 25, 2013 and he said to her, “From this day forward, you will now live in this penthouse. No hell or high water, nor even my stepmother can make you leave our penthouse of love and dreams. This I promise you and I will take care of you. I will tell my stepmother of this thing by tomorrow morning.” COUNTERCLAIM 5. That due to the Plaintiff’s unnecessary acts, Defendant was forced to engage the services of the undersigned Counsel wherein they agreed to pay Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing; 180
6. That due to these acts of the Plaintiff, Defendant suffered and will continue to suffer no end of mental anguish, anxieties, humiliation, wounded feelings and sleepless nights for which if quantified would amount to Php 10,000.00 in the form of Moral Damages; PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered in favor of the Defendant: 1.
Ordering Plaintiff to pay the amount of Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing;
2.
Ordering Plaintiff to pay Php 10,000.00 as Moral Damages;
3.
Ordering Plaintiff to pay the costs of this suit.
Defendant further prays for other reliefs and remedies just and equitable under the premises. Baguio City, Philippines, this 13th day of January 2014.
FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Defendant PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila 45 Hotel, Leonard Wood Road, Baguio City
181
VERIFICATION I, MARI MAR P. ALDANA, of legal age, Filipino citizen, single, and a resident of 1 Cabinet Hill, Baguio City, Philippines, after having been duly sworn to in accordance with law, depose and state that: 1.
I am the Defendant in the above-entitled case;
2.
I have caused the preparation and the filing of the foregoing answer;
3.
I have read the contents thereof and the same are true and correct to the best of my personal knowledge and on the basis of copies of documents and records in my possession.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of January 2014, at Baguio City, Philippines. MARI MAR P. ALDANA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 13th day of January 2014, by MARI MAR P. ALDANA, who is personally known to me. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Notary Public Until December 31, 2014 45 Hotel, Leonard Wood Road, Baguio City PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila Commission Serial No. 02-NC-13 (R) Doc. No. Page No. Book No. Series of
6 2 V 2014
Copy Furnished: JUAN DELA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City 182
Republic of the Philippines Municipal Trial Court in Cities First Judicial Region Branch I, Baguio City ANGELICA Y. SANTIBANYEZ, Plaintiff, -versus-
Civil Case No. 12345-2014 For: Unlawful Detainer
MARIA MAGDALENA P. ALDANA, Defendant. x----------------------------------------------x COMPLAINT COMES NOW the plaintiff through the undersigned counsel and unto this Honorable Court alleges: 10.That plaintiff is a Filipino citizen, of legal age, married, and residing at 8 Orchard Street, Brent Townhomes, Baguio City; 11.That defendant is also a Filipino citizen, of legal age, with residence and postal address at 1 Cabinet Hill, Baguio City where she may be served with summons; 12.That the plaintiff is the lessor of the condominium unit located at 1 Cabinet Hill, Baguio City, Baguio City; 13.That by virtue of a verbal agreement of lease, plaintiff leased unto the defendant the aforesaid condominium unit under the express obligation of paying a monthly rent of fifteen thousand pesos (₱15,000.00), payable within the first five (5) days of every month; 14.That the plaintiff has verbally demanded several times for the defendant to vacate the said condominium unit and to pay the outstanding rents, now amounting to forty-five thousand pesos (₱45,000.000) covering the months of October, November, and December 2013; 15.That on January 2, 2014, plaintiff sent a letter of demand for payment of rentals and to order the defendant to vacate the condominium unit, which was received by the defendant;
183
16.That despite said letter of demand which was followed through with verbal demands, defendant failed and still refused to pay the outstanding rentals and to vacate the condominium unit; 17.That this case has been referred to the Office of the Barangay Captain for conciliation but to no avail; 18.That by reason of the failure of the defendant to vacate the premises and to pay the rent, plaintiff was compelled to file this complaint engaging the services of counsel in the amount of twenty thousand pesos (₱20,000.00). PRAYER WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favor of the plaintiff, and ordering the defendant: 4. to vacate the condominium unit; 5. to pay the sum of forty-five thousand pesos (₱45,000.000) representing the arrears of rent now overdue, and further rentals until the defendant fully vacates the premises; and 6. to pay the cost of the suit. Plaintiff prays for such other remedy as this Honorable Court may deem just and equitable. Baguio City, Philippines, this 10th day of January 2014. JUAN DELA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-04-13 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-04-13 MCLE Compliance No. IV-90210/04-22-13
184
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, ANGELICA Y. SANTIBANYEZ, of legal age, married, Filipino citizen, and a resident of 8 Orchard Street, Brent Townhomes, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 7. I am the plaintiff in the above-entitled case; 8. I have caused the preparation and the filing of the foregoing complaint; 9. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 10.I 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; 11.To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency. 12.If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
185
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January 2014, at Baguio City, Philippines.
ANGELICA Y. SANTIBANYEZ Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 10th day of January 2014, by ANGELICA Y. SANTIBANYEZ, who is personally known to me.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 67; Page No. 14; Book No. I; Series of 2014
Copy Furnished: Atty. Fernando Jose Altamirano Del Castillo Counsel for the Defendant 45 Hotel, Leonard Wood Road, Baguio City
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DEMAND LETTER 2 January 2014 MARIA MAGDALENA P. ALDANA, 1 Cabinet Hill Baguio City Dear Ms. Aldana: I write in behalf of Mrs. Angelica Y. Santibanyez of 8 Orchard Street, Brent Townhomes, Baguio City. Be reminded that you have not paid your rent on the leased premises for the months of October, November, and December 2013 amounting to forty-five thousand pesos (₱45,000.000). Demand was made upon you orally to pay your outstanding rental fees but you refused. Final demand is being made upon you to pay your outstanding rent and vacate the leased premises within five (5) days from receipt of this letter or else my client will have no option left but to file the appropriate case against you in the courts of law. It is recommended that you act on this matter immediately to avoid the embarrassment and rigors of court litigation. Thank you. Very truly yours,
JUAN DELA CRUZ JR. Counsel for Mrs. Santibanyez
187
Republic of the Philippines Cabinet Hill-Teacher’s Camp Barangay Baguio City OFFICE OF THE LUPONG TAGAPAMAYAPA ANGELICA Y. SANTIBANYEZ, Complainant, -versus-
Barangay Case No. 2014-01 For: Unlawful Detainer
MARIA MAGDALENA P. ALDANA, Respondent. x----------------------------------------------x CERTIFICATION TO FILE ACTION This is to certify that: 4. There has been personal confrontation between the parties in the above captioned case before the Punong Barangay and the Lupon ng Tagapagkasundo. 5. There were neither settlement nor conciliation during the arbitration and mediation proceedings in the barangay. 6. Both Parties agreed and decided to elevate the above stated case to a higher court of law. THEREFORE, the corresponding complaint for the dispute may now be filed in a court of law. Issued this 8th day of January 2014 at Cabinet Hill-Teacher’s Camp, Baguio City. SERGIO M. FERNANDO Lupon Secretary Attested: FACUNDO S. ALIPIN Punong Barangay
Received By:
188
Republic of the Philippines Municipal Trial Court in Cities First Judicial Region Branch I, Baguio City ANGELICA Y. SANTIBANYEZ, Plaintiff, -versus-
Civil Case No. 12345-2014 For: Unlawful Detainer
MARIA MAGDALENA P. ALDANA, Defendant. x----------------------------------------------x ANSWER With all due respect to this Honorable Court, Defendant, through the undersigned Counsel, respectfully alleges: 14.That Defendant admits the allegations stated in paragraph 2 of the Complaint as to her personal circumstances; 15.That Defendant admits the allegations contained in paragraph 3 as to the lessor and location of the condominium unit; 16.That Defendant admits the allegations stated in paragraph 4 as to the verbal agreement of lease; 17.That Defendant admits the allegations contained in paragraph 8 as to the non-conciliation at the Office of the Punong Barangay; 18.That Defendant specifically denies the allegations contained in paragraphs 5, 6, and 7 with respect to the non-payment of outstanding rents from October to December 2013; 19.That Defendant specifically denies the allegations stated in paragraph 9 of the Complaint for the need of engaging the services of counsel; SPECIAL AFFIRMATIVE DEFENSES 20.That Defendant noticed on October 2013 that the unit is deteriorating as the roof is infested with termites and may fall at any moment. The plumbing system of the unit also started to leak water in the bathroom and under the sink. Defendant reported these problems to the Plaintiff 189
for several consecutive days, however she did not give attention to these; 21.That Defendant upholds the principle that the Plaintiff must not be unjustly enriched at Defendant’s expense. Defendant worried that accidents may occur due to these problems, took it to herself to have the unit repaired which included the repairs of the roof and the plumbing system in which Defendant incurred expenses amounting to Php 50,000.00; 22.That Defendant reported to Plaintiff the expenses incurred for repairs but Plaintiff did not believe the reports despite of the evidence presented by the Defendant. Plaintiff still demanded the payment for the rent even if it is incumbent upon her to maintain the safety and living conditions of the unit as stipulated in the contract of lease; 23.That if Plaintiff had given attention to the reported problems of the unit by the Defendant, the services of a lawyer would not have been necessary; COUNTERCLAIM 24.That due to the Plaintiff’s unnecessary acts, Defendant was forced to engage the services of the undersigned Counsel wherein they agreed to pay Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing; 25.That due to these acts of the Plaintiff, Defendant suffered and will continue to suffer no end of mental anguish, anxieties, humiliation, wounded feelings and sleepless nights for which if quantified would amount to Php 20,000.00 in the form of Moral Damages; 26.That in order to deter the commission of the same act, Plaintiff should be ordered to pay the amount of Php 10,000.00 as Exemplary Damages.
PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered in favor of the Defendant: 5.
Ordering Plaintiff to pay the amount of Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing; 190
6.
Ordering Plaintiff to pay Php 20,000.00 as Moral Damages;
7.
Ordering Plaintiff to pay Php 10,000.00 as Exemplary Damages;
8.
Ordering Plaintiff to pay the costs of this suit.
Defendant further prays for other reliefs and remedies just and equitable under the premises. Baguio City, Philippines, this 13th day of January 2014.
FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Defendant PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila 45 Hotel, Leonard Wood Road, Baguio City
VERIFICATION I, MARIA MAGDALENA P. ALDANA, of legal age, Filipino citizen, single, and a resident of 1 Cabinet Hill, Baguio City, Philippines, after having been duly sworn to in accordance with law, depose and state that: 4.
I am the Defendant in the above-entitled case;
5.
I have caused the preparation and the filing of the foregoing answer;
6.
I have read the contents thereof and the same are true and correct to the best of my personal knowledge and on the basis of copies of documents and records in my possession.
191
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of January 2014, at Baguio City, Philippines. MARIA MAGDALENA P. ALDANA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 13th day of January 2014, by MARIA MAGDALENA P. ALDANA, who is personally known to me. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Notary Public Until December 31, 2014 45 Hotel, Leonard Wood Road, Baguio City PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila Commission Serial No. 02-NC-13 (R) Doc. No. Page No. Book No. Series of
5 1 V 2014
Copy Furnished: JUAN DELA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City
192
Republic of the Philippines Municipal Trial Court in Cities First Judicial Region Branch I, Baguio City ANGELICA Y. SANTIBANYEZ, Plaintiff, -versus-
Civil Case No. 12346-2014 For: Forcible Entry
MARI MAR P. ALDANA, Defendant. x-------------------------------------x COMPLAINT COMES NOW the plaintiff through the undersigned counsel and unto this Honorable Court alleges: 9. That plaintiff is a Filipino citizen, of legal age, married, and residing at 8 Orchard Street, Brent Townhomes, Baguio City; 10.That defendant is also a Filipino citizen, of legal age, with residence and postal address at 1 Cabinet Hill, Baguio City where she may be served with summons; 11.That the plaintiff is the absolute owner of the Angelica Building located at 1 Cabinet Hill, Baguio City, Baguio City; 12.That on December 25, 2013, the defendant, by means of force, intimidation, strategy and stealth, unlawfully entered upon the penthouse of the above described property; 13.As if to add injury, defendant unloaded her belongings in the penthouse and claimed it as her own even placing her filthy dog Fulgoso on the premises and a sign saying “Property of Mari Mar! No trespassing!” on the door; 14.That plaintiff confronted the defendant but she refused to vacate said penthouse and still persists in continuing the unlawful acts upon the property; 15.That this case has been referred to the Office of the Barangay Captain for conciliation but to no avail;
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16.That by reason of the failure of the defendant to vacate the premises plaintiff was compelled to file this complaint engaging the services of counsel in the amount of twenty thousand pesos (₱20,000.00). PRAYER WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favor of the plaintiff, and ordering the defendant: 4. Before hearing, a temporary restraining order be issued against the defendant; 5. After due notice and hearing, to issue Writ of Injunction ordering defendant: a. To allow plaintiff to take possession of her property; b. To make the Injunction against defendant permanent and indefinite; 6. Judgment be rendered in favor of the plaintiff ordering defendant to pay, by way of reimbursement of litigation expenses, the amount of not less than twenty thousand pesos (₱20,000.00) and to pay reasonable Attorney’s fees; Plaintiff prays for such other remedy as this Honorable Court may deem just and equitable. Baguio City, Philippines, this 10th day of January 2014. JUAN DELA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-04-13 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-04-13 MCLE Compliance No. IV-90210/04-22-13
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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, ANGELICA Y. SANTIBANYEZ, of legal age, married, Filipino citizen, and a resident of 8 Orchard Street, Brent Townhomes, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 7. I am the plaintiff in the above-entitled case; 8. I have caused the preparation and the filing of the foregoing complaint; 9. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 10.I 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; 11.To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency. 12.If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
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IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January 2014, at Baguio City, Philippines.
ANGELICA Y. SANTIBANYEZ Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 10th day of January 2014, by ANGELICA Y. SANTIBANYEZ, who is personally known to me.
JUAN DELA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) TIN: 302-760-343 Doc. No. 68; Page No. 14; Book No. I; Series of 2014
Copy Furnished: Atty. Fernando Jose Altamirano Del Castillo Counsel for the Defendant 45 Hotel, Leonard Wood Road, Baguio City
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Republic of the Philippines Cabinet Hill-Teacher’s Camp Barangay Baguio City OFFICE OF THE LUPONG TAGAPAMAYAPA ANGELICA Y. SANTIBANYEZ, Complainant, -versus-
Barangay Case No. 2014-02 For: Forcible Entry
MARI MAR P. ALDANA, Respondent. x--------------------------------------x CERTIFICATION TO FILE ACTION This is to certify that: 4. There has been personal confrontation between the parties in the above captioned case before the Punong Barangay and the Lupon ng Tagapagkasundo. 5. There were neither settlement nor conciliation during the arbitration and mediation proceedings in the barangay. 6. Both Parties agreed and decided to elevate the above stated case to a higher court of law. THEREFORE, the corresponding complaint for the dispute may now be filed in a court of law. Issued this 8th day of January 2014 at Cabinet Hill-Teacher’s Camp, Baguio City. SERGIO M. FERNANDO Lupon Secretary Attested: FACUNDO S. ALIPIN Punong Barangay
Received By:
197
Republic of the Philippines Municipal Trial Court in Cities First Judicial Region Branch I, Baguio City ANGELICA Y. SANTIBANYEZ, Plaintiff, -versus-
Civil Case No. 12346-2014 For: Forcible Entry
MARI MAR P. ALDANA, Defendant. x--------------------------------------x ANSWER With all due respect to this Honorable Court, Defendant, through the undersigned Counsel, respectfully alleges: 7. That Defendant admits the allegations stated in paragraph 2, 3, 5, 6, and 7 of the Complaint, except the description on paragraph 5 of the dog Fulgoso being filthy which she specifically denies; 8. That Defendant specifically denies the allegation contained in paragraph 4 with respect to unlawfully entering the penthouse by means of force, intimidation, strategy and stealth; 9. That Defendant specifically denies the allegations stated in paragraph 8 of the Complaint for the need of engaging the services of counsel; SPECIAL AFFIRMATIVE DEFENSES 10.That Defendant was invited by Sergio Santibanyez at the penthouse on December 25, 2013 and he said to her, “From this day forward, you will now live in this penthouse. No hell or high water, nor even my stepmother can make you leave our penthouse of love and dreams. This I promise you and I will take care of you. I will tell my stepmother of this thing by tomorrow morning.” COUNTERCLAIM 11.That due to the Plaintiff’s unnecessary acts, Defendant was forced to engage the services of the undersigned Counsel wherein they agreed to pay Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing; 198
12.That due to these acts of the Plaintiff, Defendant suffered and will continue to suffer no end of mental anguish, anxieties, humiliation, wounded feelings and sleepless nights for which if quantified would amount to Php 10,000.00 in the form of Moral Damages; PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered in favor of the Defendant: 4.
Ordering Plaintiff to pay the amount of Php 50,000.00 as Attorney’s Fees and Php 2,000.00 Appearance Fee for every hearing;
5.
Ordering Plaintiff to pay Php 10,000.00 as Moral Damages;
6.
Ordering Plaintiff to pay the costs of this suit.
Defendant further prays for other reliefs and remedies just and equitable under the premises. Baguio City, Philippines, this 13th day of January 2014.
FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Defendant PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila 45 Hotel, Leonard Wood Road, Baguio City
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VERIFICATION I, MARI MAR P. ALDANA, of legal age, Filipino citizen, single, and a resident of 1 Cabinet Hill, Baguio City, Philippines, after having been duly sworn to in accordance with law, depose and state that: 4.
I am the Defendant in the above-entitled case;
5.
I have caused the preparation and the filing of the foregoing answer;
6.
I have read the contents thereof and the same are true and correct to the best of my personal knowledge and on the basis of copies of documents and records in my possession.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of January 2014, at Baguio City, Philippines. MARI MAR P. ALDANA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 13th day of January 2014, by MARI MAR P. ALDANA, who is personally known to me. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Notary Public Until December 31, 2014 45 Hotel, Leonard Wood Road, Baguio City PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila Commission Serial No. 02-NC-13 (R) Doc. No. Page No. Book No. Series of
6 2 V 2014
Copy Furnished: JUAN DELA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City 200
MOTIONS MOTION an application to the court requesting an order or rule in favor of the applicant Note: The body of a Motion usually has four parts: 1. Title 2. Ground for the Motion 3. Argument in Support of the Motion 4. Relief Sought to be Obtained Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City QUAY SIGH DEVELOPERS, INC., Plaintiff, -versus-
Civil Case No.: 12001-R FOR COLLECTION
OF
SUM OF MONEY ZACHARY ZEBEDEE Y. XAVIER, Defendant. x--------------------------------------------x MOTION FOR BILL OF PARTICULARS COMES NOW, the defendant, through the undersigned counsel in the above-entitled case and unto this Honorable Court respectfully avers: 1. That the plaintiff's complaint in paragraph 5 alleges: From August to December 2013, defendant never paid anything to herein plaintiff. The check that she issued as partial payment for the first month also bounced. x x x (underscoring supplied) 2. The said allegation is not averred with sufficient definiteness and particularity, specifically it does not mention the amount of the check therein mentioned, its check number, date, and the drawee bank;
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3. That a more definite statement on the matters as above-indicated is necessary in order to enable the defendant to prepare his responsive pleading because from the very onset of this controversy, the main dispute was on what was actually and exactly agreed upon by the parties as the amount of monthly rentals on the lease of plaintiff's property; 4. However, due to the fact that defendant corporation had to transfer its liaison offices depending on its project sites, the check stub where the above-mentioned check came from was probably misplaced and could no longer be found; 5. That a bill of particulars or a more definite statement as to the particulars of the said check which was allegedly issued by the defendants as partial payment for the first month would definitely simplify the issues in this case, and hopefully clarify the negotiations between the parties for an amicable settlement. PRAYER WHEREFORE, defendant most respectfully prays that an order be issued by this Honorable Court requiring the plaintiff to make a more definite statement as to the particulars of the check mentioned in paragraph 5 of its complaint, particularly stating its amount, check number, date, and the name of the drawee bank. Baguio City, Philippines, this 13th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Defendant 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13
202
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City YOLANDA X. WATERLOO, Plaintiff, -versus-
Civil Case No.: 6633-R FOR COLLECTION
SUM OF XAVIER W. VILLANUEVA, Defendant. x------------------------------------x
OF
MONEY
MOTION FOR JUDGMENT ON THE PLEADINGS COMES NOW, the plaintiff, through the undersigned counsel in the above-entitled case and unto this Honorable Court respectfully states: 1.
That on December 27, 2013, plaintiff filed a complaint for collection of sum of money in the amount of FIVE HUNDRED THOUSAND PESOS (Php 500,000.00) against defendant;
2.
That in his answer, the defendant admitted the obligation, but he was asking for an extension of time to pay his obligation and instead the herein complaint was filed;
3.
That the said answer admits the material allegations of the complaint has not tendered any issue and in view thereof, a judgment on the pleadings can be rendered. PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court to render judgment on the pleadings. Baguio City, Philippines, this 13th day of January 2014. ATTY. JUAN DE LA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13 203
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
Criminal Case No.: 4591-R FOR UNJUST VEXATION
WARREN V. ULTRAMARINO, Accused. x-----------------------------------x MOTION FOR POSTPONEMENT OF HEARING COMES NOW, the undersigned counsel for the accused respectfully prays for Postponement of Hearing in the above-entitled case and respectfully manifests: 1. That counsel received the Notice of Hearing for Promulgation of Decision dated 2 January 2014 on 6 January 2014; 2. That in the said Notice, the promulgation of the decision is set on 20 January 2014 at 9:00 o’clock in the morning; a. That, unfortunately, counsel cannot appear on such date and time as he had earlier committed himself to appear before the Regional Trial Court, Branch X, La Trinidad, Benguet, in the case People of the Philippines vs. Warlito U. Vicente, Crim. Case No. 00004-S for Rape; hence, this motion; 3. That counsel will be available on 22 January 2014 at 9:00 o’clock in the morning; 4. That this motion is not interposed to delay the proceedings of the case but due solely for the reason aforecited and that counsel offers his sincerest apology.
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PRAYER WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court to grant this motion and that the scheduled hearing on 20 January 2014 be postponed to 22 January 2014 at 9:00 o’clock in the morning. A General Relief is likewise prayed for. Baguio City, Philippines, this 13th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Accused 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
Criminal Case No.: 8444-R FOR FRUSTRATED
HOMICIDE VINCENT U. TRAJEDIA, Accused. x-------------------------------x MOTION FOR RECONSIDERATION COMES NOW, the undersigned counsel for the accused in the above-entitled case and unto this Honorable Court most, respectfully states that: 1. He just received today a copy of an Order dated 10 January 2014 issued by this Honorable Court denying the Motion to Appeal as Pauper Litigant filed by the accused on the ground that said Motion failed to contain a notice of time and place of hearing; 2. The undersigned counsel sincerely apologizes for said defect as his failure to state the aforementioned time and date of hearing of that motion was purely due to an oversight; 3. Considering the seriousness of the case and the penalty imposed upon the accused, the undersigned counsel in the interest of justice most respectfully prays to the Honorable Court to reconsider and set aside the said order and that the Motion to Appeal as Pauper Litigant be heard, together with this Motion for Reconsideration, on 17 January 2014 at 8:00 o’clock in the morning.
206
PRAYER WHEREFORE, premises considered, it is respectfully prayed to the Honorable Court to reconsider and set aside the said order and that the Motion to Appeal as Pauper Litigant be heard together with this motion for Reconsideration. Other reliefs and remedies just and equitable under the premises are likewise prayed for. Baguio City, Philippines, this 13th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Accused 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13
207
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versusIMPRUDENCE
Criminal Case No.: 1234-R FOR RECKLESS RESULTING
IN
DAMAGE TO PROPERTY THEODORE S. RESTITUTO, Accused. x---------------------------------x MOTION FOR REDUCTION OF BAIL COMES NOW, the accused through the undersigned counsel in the above-entitled case, and to this Honorable Court respectfully states: 1. That the accused is charged with RECKLESS IMPRUDENCE RESULTING IN DAMAGE TO PROPERTY now pending before this Honorable Court with Criminal Case No. 1234-R; 2. That the recommended bond for his provisional liberty is in the amount of FIFTY THOUSAND PESOS (Php 50,000.00); 3. That accused, considering that he is at this time suffering from financial constraints, can only produce the amount of THIRTY THOUSAND PESOS (Php 30,000.00) CASH; 4. That accused needs his temporary liberty in order for him to gather all the necessary evidence for his proper defense from this baseless accusation which he cannot do if inside prison; 5. That the accused together with his family is a permanent resident of 86 Amistad Camp 7, Baguio City and therefore the possibility for him to jump bail is nil; 6. That the accused promises to attend all scheduled hearings in the above entitled case and obey all processes of this Honorable Court. 208
PRAYER WHEREFORE, premises considered and in view of the foregoing, it is respectfully prayed to the Honorable Court that the recommended bond of Php 50,000.00 be reduced to Php 30,000.00. Other reliefs and remedies just and equitable under the premises are likewise prayed for. Baguio City, Philippines, this 13th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Accused 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13
209
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City SIEGFRIED R. QUIRINO, Plaintiff, -versusSUM OF ROBERT Q. PRIMAVERA, Defendant. x-------------------------------------x
Civil Case No.: 6234-R FOR COLLECTION
OF
MONEY
MOTION TO DECLARE DEFENDANT IN DEFAULT COMES NOW, the plaintiff, through the undersigned counsel in the above-entitled case and unto this Honorable Court respectfully states that: 1. The records of the Honorable Court show that Defendant was served with copy of the summons and of the complaint, together with annexes thereto on 27 December 2013; 2. Upon verification however, the records show that Defendant FAILED TO FILE HIS ANSWER WITHIN THE REGLEMENTARY PERIOD specified in the Rules of Court despite the service of summons and complaint; 3. As such, it is prayed that Defendant be declared in default. WHEREFORE, it is respectfully prayed that Defendant be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant. Baguio City, Philippines, this 13th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 210
IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13 Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City QUEEN PRICILLA O. NERI, Plaintiff, -versus-
Civil Case No.: 92081-R FOR DAMAGES
PERCIVAL O. NONATUS, Defendant. x---------------------------------x MOTION FOR EXTENSION OF TIME COMES NOW, the plaintiff, through the undersigned counsel in the above-entitled case and unto this Honorable Court respectfully states that: 1. He has been required to file a Reply to defendant’s Answer on 20 January 2014; 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before said due date because of the tremendous pressure of other equally urgent professional work requiring the preparation of pleadings and almost daily trial appearances before the various courts within and outside Baguio City. For this reason, the undersigned is constrained to ask for an additional fifteen (15) days from 20 January 2014 within which to submit the plaintiff’s Reply; 3. This motion is not intended for delay but is motivated only by the foregoing reason. WHEREFORE, plaintiff respectfully prays that she be granted fifteen (15) days from 20 January 2014 to submit plaintiff’s Reply. Baguio City, Philippines, this 13th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 211
IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City NATHANIEL M. LEICHTENSTEIN, Plaintiff, -versus-
Civil Case No.: 8809-R FOR COLLECTION
SUM OF MICHAELLOUS L. KRIEG, DAMAGES Defendant. x------------------------------------x
MONEY
OF
WITH
MOTION FOR EXECUTION OF JUDGMENT COMES NOW, the plaintiff, through the undersigned counsel in the above-entitled case and unto this Honorable Court, states: 1. That a decision has been rendered in this case on 27 December 2013 in favor of the Plaintiffs and against the Defendants; 2. That the period for appeal has already expired without the defendants having perfected an appeal from said decision; 3. That the said decision is now final and executory. WHEREFORE, it is respectfully prayed that an order of execution of the decision be issued. Baguio City, Philippines, this 13th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13 213
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versusLORENZO K. JEREMIAS, CODE) Accused. x-------------------------------x
Criminal Case No.: 7777-R FOR OTHER DECEITS (ARTICLE 318 OF THE REVISED PENAL
MOTION FOR RE-INVESTIGATION COMES NOW, the private complainant, through the undersigned Private Prosecutor and under the direct control and supervision of the Public Prosecutor, and unto this Honorable Court, most respectfully state: 1. That in an Information filed by the Office of the Prosecutor dated 31 December 2013, the Accused was charged for ESTAFA under other deceits of Article 318 of the Revised Penal Code based on the Complaint filed by the Private Complainant, LUIGI K. JARO; 2. That the basis of the Honorable Public Prosecutor in charging the Accused with Estafa is the provision on other deceits under Article 318 of the Revised Penal Code stating among others that, “the respondent or even his corporation do not actually own the lot sold to the Private Complainant, the respondent must be held liable under Article 318 of the Revised Penal Code”. 3. That the Accused should have been charged for ESTAFA under ARTICLE 315 Paragraph 2a of the Revised Penal Code, and not under Article 318, which provides that, ESTAFA could be committed by means of false pretenses or fraudulent acts executed prior to or simultaneously with commission of the fraud by using a fictitious name, or falsely pretending to possess power, influence, qualifications, PROPERTY, credit, agency, business transactions; or by means of other similar deceits; 214
4. That the Affidavit Complaint of the Private Complainant stated therein that the Accused obtained money from the Private Complainant in the amount of FOUR HUNDRED THOUSAND PESOS (PHP 400,000.00) to be used to build a house over a property which the Accused offered to the Private Complainant. It turned out however that the land was not the property of LORENZO K. JEREMIAS or in the name of his corporation. With all the representations and false pretenses made by the Accused that he owned a property and assuming the obligation to build a house thereon but subsequently no property or building was erected, shows that indeed the Accused only deceived the Private Complainant to obtain his money; 5. That the act of the Accused in misrepresenting that he is the owner of a lot being the subject of a house and lot package to obtain money from the Private Complainant and misappropriating the same constitutes the crime of ESTAFA under ARTICLE 315 Paragraph 2a of the Revised Penal Code; 6. That the Private Complainant, LUIGI K. JARO, respectfully requests that a RE-INVESTIGATION be conducted on the above-entitled case to resolve whether or not the case falls within the ambit of ARTICLE 315 Paragraph 2a constituting the crime of ESTAFA by falsely pretending to possess property and not ARTICLE 318 of the Revised Penal Code; 7. That this Motion is not in any manner intended to cause delay in the speedy disposition of this instant case or to frustrate the ends of justice.
215
PRAYER WHEREFORE, premises duly considered, it is most respectfully prayed of the Honorable Court to GRANT this Motion for REINVESTIGATION and to issue an Order for the RE-INVESTIGATION of the above-entitled case. Such other relief as law and justice may warrant are likewise prayed for. Baguio City, Philippines, this 13th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Private Prosecutor 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13
With my conformity: JOSE FERNANDO V. ALONZO Public Prosecutor
216
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versusKRISTOFF J. INOCENCIO, Accused. x-----------------------------------------x
Criminal Case No.: 22349-R FOR KIDNAPPING WITH MURDER
MOTION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE COMES NOW, the undersigned private prosecutor most respectfully moves that this Honorable Court conduct a determination of probable cause pursuant to Article III, Section 2 of the 1987 Constitution and in support thereof state the following: 1. The accused KRISTOFF J. INOCENCIO was charged with Kidnapping with Murder by private complainant KRIS J. INNUIT in his Affidavit-Complaint, herein attached as “Exhibit A,” filed before the Baguio City Office of the Prosecutor on 8 January 2013; 2. In a resolution dated 10 January 2014 by the undersigned investigating prosecutor, herein attached as “Exhibit B,” probable cause that the crime was committed by the accused was found to exist. WHEREFORE, it is respectfully prayed that probable cause be judicially determined and for this Honorable Court to issue warrant of arrest against the accused KRISTOFF J. INOCENCIO. Baguio City, Philippines, this 13th day of January 2014. ATTY. JUAN DE LA CRUZ JR. Private Prosecutor 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13 With my conformity: 217
JOSE FERNANDO V. ALONZO Public Prosecutor Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
Criminal Case No.: 22349-R FOR THEFT
JOHN IVAN JOHANESS H. GUINTO, Accused. x------------------------------------------x MOTION TO QUASH The Accused, by counsel and unto this Honorable Court, respectfully moves to quash the Information filed against him for the crime of Theft on the following grounds: 1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL JUSTIFICATION; 2. THIS COURT IS WITHOUT JURISDICTION. In support, the Accused respectfully states that: The Information alleges that the Accused JOHN IVAN JOHANESS H. GUINTO is eleven (11) years old and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen, unless he acted with discernment, is exempt from criminal liability. There is no allegation that the accused acted with discernment. Even granting that said discernment was present, the Accused cannot be tried but instead should be proceeded against pursuant to Article 80 of the Revised Penal Code, which provides that a minor, unless sixteen years of age at the time of a grave or less grave felony, cannot be tries but instead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to commit the minor to the custody or care of a public or private 218
benevolent or charitable institution for the care and education of the homeless and delinquent children or to the custody of the Department of Social Welfare and Development. WHEREFORE, it is respectfully prayed that the Information against the Accused be QUASHED and that the Accused be released immediately from detention. Baguio City, Philippines, this 13th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Accused 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13
219
REQUEST FOR AND NOTICE OF HEARING ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt thereof and kindly include the same in the court’s calendar for hearing on 17 January 2014, at 8:30 in the morning.
ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Plaintiff 45 Hotel, Leonard Wood Road, Baguio City Please take notice that counsel has requested to be heard on 17 January 2014, at 8:30 in the morning. ATTY. JUAN DE LA CRUZ JR. Counsel for the Defendant
Copy Furnished: ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Plaintiff PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila 45 Hotel, Leonard Wood Road, Baguio City
220
REQUEST FOR AND NOTICE OF HEARING ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt thereof and kindly include the same in the court’s calendar for hearing on 17 January 2014, at 8:30 in the morning.
ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Defendant 45 Hotel, Leonard Wood Road, Baguio City Please take notice that counsel has requested to be heard on 17 January 2014, at 8:30 in the morning. ATTY. JUAN DE LA CRUZ JR. Counsel for the Plaintiff
Copy Furnished: ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Defendant PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila 45 Hotel, Leonard Wood Road, Baguio City
221
REQUEST FOR AND NOTICE OF HEARING ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt thereof and kindly include the same in the court’s calendar for hearing on 17 January 2014, at 8:30 in the morning.
PROS. JOSE FERNANDO V. ALONZO Office of the City Prosecutor Justice Hall, Baguio City Please take notice that counsel has requested to be heard on 17 January 2014, at 8:30 in the morning. ATTY. JUAN DE LA CRUZ JR. Counsel for the Accused
Copy Furnished: PROS. JOSE FERNANDO V. ALONZO Office of the City Prosecutor Justice Hall, Baguio City
222
REQUEST FOR AND NOTICE OF HEARING ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt thereof and kindly include the same in the court’s calendar for hearing on 17 January 2014, at 8:30 in the morning.
PROS. JOSE FERNANDO V. ALONZO Office of the City Prosecutor Justice Hall, Baguio City ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Accused 45 Hotel, Leonard Wood Road, Baguio City Please take notice that counsel has requested to be heard on 17 January 2014, at 8:30 in the morning. ATTY. JUAN DE LA CRUZ JR. Private Prosecutor Copy Furnished: PROS. JOSE FERNANDO V. ALONZO Office of the City Prosecutor Justice Hall, Baguio City ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Accused PTR No. 11123445:1-3-14:Baguio City IBP No. 654123:1-3-14:Baguio City Roll No. 56565:4-1-00:Manila MCLE Compliance No. 67657:5-20-13:Manila 45 Hotel, Leonard Wood Road, Baguio City
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NOTICES NOTICE "information concerning a fact, actually communicated to a person by an authorized person, or actually derived by him from a proper source." DEMAND LETTER 17 January 2014 MARI MAR P. ALDAMA, 1 Cabinet Hill Baguio City Dear Ms. Aldana: I write in behalf of Mrs. Angelica Y. Santibanyez of 8 Orchard Street, Brent Townhomes, Baguio City. Be reminded that you have not paid your rent on the leased premises for the months of October, November, and December 2013 amounting to forty-five thousand pesos (₱45,000.000). Demand was made upon you orally to pay your outstanding rental fees but you refused. Final demand is being made upon you to pay your outstanding rent and vacate the leased premises within five (5) days from receipt of this letter or else my client will have no option left but to file the appropriate case against you in the courts of law. It is recommended that you act on this matter immediately to avoid the embarrassment and rigors of court litigation. Thank you. Very truly yours,
ATTY. JUAN DE LA CRUZ JR. Counsel for Mrs. Santibanyez
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------ x NOTICE OF ADVERSE CLAIM THE REGISTER OF DEEDS La Trinidad, Benguet Sir: I, CAESAR D. ELAYA, of legal age, Filipino citizen, single, and residing at 14 Aurora Hill, Baguio City, Philippines, after having been duly sworn in accordance with law, do hereby depose and say: 1. That I have an adverse claim in that certain registered real property, covered by TCT No. T-04522 of the Registry of Deeds of the Province of Benguet, particularly described as follows: “A parcel of land situated at Alno, La Trinidad, Benguet, bounded by the North by Lot No. 555, on the East by the national road; on the South by Lot No. 566 and 564 and on the West by Lot No. 5464, containing an area of four hundred sixteen (416) square meters, more or less.” 2. That I bought said land from Mr. CAMILO D. ENTREGA, but since I was a minor at the time of the purchase, I requested Mr. CENON D. EUSTAQUIO, my uncle, to register the same in the his name for my benefit and to be held in trust for me. My uncle agreed and so the land was registered in his name. 3. That I am the real and actual owner of said property, and not the registered owner thereof, and to protect my interest thereto as actual owner, this adverse claim is being registered on said TCT, to warn any third person from buying the same. WHEREFORE, I hereby request the Register of Deeds of Benguet Province to register this adverse claim in the manner provided by law.
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CAESAR D. ELAYA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 17th day of January 2014, by affiant, personally known to me, who is the same person who personally signed before me the foregoing instrument.
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0314 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-03-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) Doc. No. 71; Page No. 15; Book No. I; Series of 2014
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City NATIONAL POWER CORPORATION, Plaintiff, -versus-
Civil Case No.: 6463-R FOR
EXPROPRIATION DENNIS E. FERNGULLY, Defendant. x------------------------------------x NOTICE OF COMMISSIONERS’ REPORT ATTY. JUAN DE LA CRUZ JR. Counsel for the Defendant 100A Session Road, Baguio City Atty. DE LA CRUZ: This is to notify the parties that pursuant to Republic Act No. 8974, the Commissioners have submitted to the Court their report with recommendations to determine just compensation after viewing and examining the property owned by defendant Mr. DENNIS E. FERNGULLY subject to expropriation proceedings initiated by plaintiff NATIONAL POWER CORPORATION. This is also to further notify the parties that the hearing for the Court to consider the approval of the report will be on 3 February 2014 at 8:30 in the morning. Baguio City, Philippines, this 17th day of January 2014.
ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court 227
Branch 7, Baguio City Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City ESPERANZA F. GUINTO, Plaintiff, -versus-
Civil Case No.: 6903-R FOR DAMAGES
FRANCIS G. HARTMAN, Defendant. x------------------------------------x NOTICE OF DEATH OF PARTY This is to inform the death of ESPERANZA F. GUINTO, the plaintiff in this case. The fact of death is evidenced by a Certificate of Death issued by the Local Civil Register of Baguio City attached hereto as Annex “A”. Baguio City, Philippines, this 17th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13
Copy furnished: ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO 228
Counsel for the Defendant 45 Hotel, Leonard Wood Road, Baguio City Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City GERALD H. INTRIGUERA, Plaintiff, -versus-
Civil Case No.: 6323-R FOR DAMAGES
HAROLD I. JAMICHIA, Defendant. x------------------------------------x NOTICE OF HEARING ATTY. JUAN DE LA CRUZ JR. Counsel for the Defendant 100A Session Road, Baguio City Atty. DE LA CRUZ: This is to notify the parties that the above-captioned case is set for hearing on 27 January 2014 at 8:30 in the morning. Baguio City, Philippines, this 17th day of January 2014.
ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
Criminal Case No.: 6843-R FOR COUP D’ETAT
HIRAM I. JANDUSAY, et al., Accused. x---------------------------------x NOTICE OF HEARING ATTY. JUAN DE LA CRUZ JR. Counsel for the Accused 100A Session Road, Baguio City Atty. DE LA CRUZ: This is to notify the parties that the above-captioned case is set for hearing on 27 January 2014 at 8:30 in the morning. Baguio City, Philippines, this 17th day of January 2014.
ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City ISIDORE J. KRISTIPULO, Plaintiff, -versus-
Civil Case No.: 6283-R FOR
RECONVEYANCE JEDIDIAH K. LEICESTERSHIRE, Defendant. x------------------------------------x NOTICE OF LIS PENDENS THE REGISTER OF DEEDS Baguio City Sir: Please take notice that a parcel of land covered by TCT. No 3322 located in Cabinet Hill, Baguio City, registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filed by ISIDORE J. KRISTIPULO, above-named plaintiff. Accordingly, please make the corresponding entries in the books of your registry in the manner provided by law. Baguio City, Philippines, this 17th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. Counsel for the Plaintiff 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13
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Copy furnished: ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Defendant 45 Hotel, Leonard Wood Road, Baguio City Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City ANTHONY B. CANDALEON, Plaintiff, -versusSUM OF BARTHOLOMEW C. DESTRIBO, Defendant. x------------------------------------x
Civil Case No.: 6633-R FOR COLLECTION
OF
MONEY
NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION ATTY. JUAN DE LA CRUZ JR. Counsel for the Defendant 100A Session Road, Baguio City Atty. DE LA CRUZ: This is to notify the parties that pursuant to Rule 23 of the Revised Rules of Civil Procedure, the testimony, upon oral examination of ANNE B. CASTILLE, whose address is at 88 Rufino Towers, Makati City, Philippines, as a witness, will be taken on February 5, 2014 at 2:00 in the afternoon before the Honorable Court, or before the Clerk of Court of Branch 7. The circumstances of this deposition as provided in the motion are as follows: 1. The witness’s testimony will corroborate certain portions of the testimony of the plaintiff, especially as to the fact that the defendant defaulted in paying his obligation to plaintiff; 2. In view of the fact that she resides at a city more than 100 kilometers away from Baguio City, the deposition will be taken. Baguio City, Philippines, this 13th day of January 2014. 232
ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City KRISTOFF L. NIECEANISTICO, Plaintiff, -versus-
Civil Case No.: 6633-R FOR ANNULMENT
OF LAROUSSE M. NIECEANISTICO, MARRIAGE Defendant. x------------------------------------x NOTICE TO TAKE DEPOSITION UPON WRITTEN INTERROGATORIES ATTY. JUAN DE LA CRUZ JR. Counsel for the Defendant 100A Session Road, Baguio City Atty. DE LA CRUZ: This is to notify the parties that pursuant to Rule 23 of the Revised Rules of Civil Procedure, the testimony, upon written interrogatories of NIGELLA M. LANDER, whose address is at 23 Quezon Avenue, Quezon City, Philippines, as a witness, will be taken on February 5, 2014 at 9:00 in the morning before the Clerk of Court of Branch 7. The circumstances of this deposition as are provided in the motion are as follows: 1. The witness’s testimony will corroborate certain portions of the testimony of the plaintiff, especially as to the fact that the plaintiff and the defendant have not lived together as husband and wife and that the plaintiff and the defendant each manifest certain traits and behavior patterns that are indicative of their respective inabilities to perform their marital obligations towards each other; 2. In view of the fact that she resides at a city more than 100 kilometers away from Baguio City, the deposition will be taken. 233
Baguio City, Philippines, this 13th day of January 2014. ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City
PLEADINGS, PETITIONS & COMPLAINTS COMPLAINT is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated (Rule 110, Section 3, ROC)
ESSENTIAL PARTS OF A COMPLAINT 1. Caption 2. Heading 3. Opening Sentence 4. Body alleging facts or omissions constituting a crime 5. Contrary to Law 6. Oath of Complainant with his/her signature 7. Certification of the Prosecutor 8. Jurat
DIRECT FILING OF COMPLAINT 1. Caption 2. Heading 3. Opening Sentence 4. Body alleging facts or omissions constituting the crime 5. Signature 6. Jurat
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PETITION is a formal written request or prayer for a certain thing to be done. It connotes an application in writing addressed to a court or judge, stating facts and circumstances relied upon as a cause for judicial action, and containing a prayer for relief. PLEADINGS statements, in logical and legal form, of the facts that constitute plaintiff's cause of action and defendant's ground of defense. They are either allegations by the parties affirming or denying certain matters of fact, or other statements by them in support of derogation of certain principles of law, which are intended to have the effect of disclosing to the court the real matter in dispute.
MISCELLANEOUS PLEADINGS these are the documents attached to the main pleadings, or being issued as another independent pleading other than the compliant or answer. CIVIL CASES Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City ALFRED B. CERAFINO, Plaintiff, -versus-
Civil Case No.: 6897-R FOR DAMAGES
BILLY C. DOMETILLA, Defendant. x------------------------------------x APPEARANCE AS COUNSEL ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Plaintiff 45 Hotel, Leonard Wood Road, Baguio City
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Please enter the appearance of the undersigned as counsel for the defendant in the above titled case for all legal purposes. Baguio City, Philippines, this 30th day of January 2014. ATTY. JUAN DE LA CRUZ JR. Counsel for the Defendant 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-02-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-90210/04-22-13 Copy furnished: ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Plaintiff 45 Hotel, Leonard Wood Road, Baguio City
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City CARLO D. ERENDIL, Plaintiff, -versus-
Civil Case No.: 4977-R FOR DAMAGES
DARYLL E. FARFETCHER, Defendant. x------------------------------------x WITHDRAWAL AS COUNSEL WITH SUBSTITUTION ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City ATTY. FERNANDO JOSE A. DEL CASTILLO Counsel for the Defendant 45 Hotel, Leonard Wood Road, Baguio City
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Please make of record the WITHDRAWAL of the undersigned ATTY. HONORIO G. BUCCAT JR. and the SUBSTITUTION of the undersigned ATTY. MARIUS F. PONTMERCI as counsel for plaintiff CARLO D. ERENDIL with his express conformity as indicated below. Henceforth kindly address all pertinent notices to ATTY. MARIUS F. PONTMERCI at his address below.
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Baguio City, Philippines, this 30th day of January 2014.
ATTY. JUAN DE LA CRUZ JR. 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/0102-14 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV90210/04-22-13 With Conformity: CARLO D. ERENDIL Plaintiff
ATTY. MARIUS F. PONTMERCI 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987 PTR No. 1999910/Baguio City/0102-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/BaguioBenguet/01-02-14 MCLE Compliance No. IV99080/04-22-13 Copy Furnished: ATTY. FERNANDO JOSE A. DEL CASTILLO Counsel for the Defendant 45 Hotel, Leonard Wood Road, Baguio City
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City EUGENE F. GARFINKLE, Petitioner, -versus-
Civil Case No.: 4805-R FOR RESCISSION OF
CONTRACT FERDIE G. HOLLANDE,
WITH DAMAGES
Respondent. x--------------------------------------x PETITION COMES NOW, the petitioner, through the undersigned counsel and unto this Honorable Court, most respectfully states: 1. That petitioner is Filipino, of legal age, and a resident of 98 Gibraltar, Baguio City where he may be served with summons and other court processes, while respondent is Filipino, of legal age, a friend of petitioner, and a resident of 99 Quirino Hill, Baguio City where she may be served with summons and other court processes; 2. That on April 1, 2013, petitioner bought from respondent the former’s TOYOTA FORTUNER, described in attached document ANNEX 1 and to be delivered on May 1, 2013, for ONE MILLION PESOS (P 1,000,000.00) payable on ten equal monthly installments up to February 1, 2014. Said sale was evidenced by a Contract of Sale herein attached as ANNEX 2; 3. That petitioner had already paid nine monthly installments totaling to NINE HUNDRED THOUSAND PESOS (P 900,000.00) as of January 1, 2014; 4. That three (3) days after latest payment, petitioner learned that respondent already transferred said property to FRANCO G. HERMANO, his alleged lover, through a Deed of Donation executed on December 25, 2013 without reserving any sufficient property to answer for his obligation and in fraud of petitioner pursuant to ARTICLE 1387 of the CIVIL CODE OF THE PHILIPPINES; 5. That due to said fraud, petitioner was deprived of NINE HUNDRED THOUSAND PESOS (P 900,000.00) and suffered damages;
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6. That there are no other legal means to obtain reparation for such damages sustained, so petitioner was constrained to file the instant petition engaging him to pay FIFTY THOUSAND PESOS (P50,000.00) for legal services; and 7. That this action for rescission with damages was commenced within the four (4) year period allowed under ARTICLE 1389 of the CIVIL CODE OF THE PHILIPPINES. WHEREFORE, petitioner respectfully prays that judgment be rendered in his favor: 1. RESCINDING the Deed of Donation dated December 25, 2013; 2. ORDERING respondent to pay ONE HUNDRED THOUSAND PESOS (P100,000.00) as NOMINAL DAMAGES; and 3. ORDERING respondent to pay FIFTY THOUSAND PESOS (P50,000.00) as Attorney’s Fees. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 30th day of January 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioner 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987 PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, EUGENE F. GARFINKLE, of legal age, single, Filipino citizen, and a resident of 98 Gibraltar, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 13.I am the petitioner in the above-entitled case; 14.I have caused the preparation and the filing of the foregoing petition; 15.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 16.I 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; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014, at Baguio City, Philippines.
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EUGENE F. GARFINKLE Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 30th day of January 2014, by EUGENE F. GARFINKLE, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 72; Page No. 15; Book No. I; Series of 2014
JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City GIACOMMO H. INTELLIGGIO, Petitioner, -versus-
Civil Case No.: 6208-R FOR JUDICIAL
PARTITION GIANCARLO H. INTELLIGGIO, Respondent. x--------------------------------------x PETITION COMES NOW, the petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully states that: 1. Petitioner is a Filipino citizen, of legal age, single, and resident of 23 Breeze Homes, Pias Road, Camp 7, Baguio City where he may be served with summons and other court processes; 2. Respondent is a Filipino citizen, of legal age, single, and resident of 55 Tarbora, Trancoville, Baguio City where he may be served with summons and other court processes; 3. Petitioner and respondent are the legitimate children and sole heirs of their deceased father GIANNINNI J. INTELLIGGIO who died intestate on December 30, 2013, as evidenced by his death certificate herein attached as ANNEX 1; 4. Deceased left an intestate estate consisting of: a. One (1) parcel of land located at Crystal Cave, Baguio City, covering 750 square meters, more particularly described by Transfer Certificate of Title No. 9238 herein attached as ANNEX 2, and b. Six (6) parcel of lands located at Woodsgate, Camp 7, Baguio City, covering a total of 1,500 sq. m. and more particularly described in Transfer Certificate of Title No. 3333-B herein attached as ANNEX 3; 5. Deceased left no indebtedness or obligations chargeable against his intestate estate; 243
6. Petitioner and respondent, however, failed to agree on project partition of said parcel of land, leading petitioner to institute this ordinary action for partition pursuant to SECTION 1, RULE 74 of the RULES OF COURT and thereby committing him to pay FIFTEEN THOUSAND PESOS (P 15,000.00) for legal services. WHEREFORE, petitioner respectfully prays that judgment be rendered in his favor: 1. ORDERING the partition and segregation of ONE-HALF (1/2) portion belonging to petitioner of the parcel of land described in paragraph 4(a) hereof; 2. ORDERING the partition and segregation of the ONE-HALF (1/2) portion belonging to petitioner of the six (6) parcels of land described in paragraph 4(b) hereof; 3. ORDERING respondent to pay petitioner FIFTEEN THOUSAND PESOS (P 15,000.00) as Attorney’s Fees; and 4. ORDERING such other reliefs as this court may deem just and equitable under the circumstances. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 30th day of January 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioner 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987 PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, GIACOMMO H. INTELLIGGIO, of legal age, single, Filipino citizen, and a resident of 23 Breeze Homes, Pias Road, Camp 7, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 1. I am the petitioner in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing petition; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 4. I 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; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014, at Baguio City, Philippines.
245
GIACOMMO H. INTELLIGGIO Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 30th day of January 2014, by GIACOMMO H. INTELLIGGIO, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 73; Page No. 15; Book No. I; Series of 2014
JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
246
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City HARRY I. JANUARIO, Plaintiff, -versusIRANIER J. KAZAKHLONF, Defendant. x------------------------------------x
Civil Case No.: 5783-R FOR COLLECTION SUM OF MONEY
OF
COMPLAINT COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully states that: 1. Plaintiff is a Filipino citizen, of legal age, and a resident of 67 Green Valley Subdivision, Baguio City where he may be served with summons and other processes; 2. Defendant is also a Filipino, of legal age, and a resident of 12 Camp Allen, Baguio City where he may be served with summons and other processes; 3. On January 8, 2013 and over a period of six (6) months, defendant borrowed certain amounts from plaintiff totaling to NINE HUNDRED THOUSAND PESOS (P 900,000.00), and promised to pay these amounts on or before November 28, 2013 as evidenced by three (3) promissory notes herein attached as ANNEXES A, B, and C. 4. When the due date arrived and despite repeated demands thereafter, both oral and written, defendant failed or refused to pay said amount; 5. Resort to Barangay Conciliation process proved futile as defendant failed to appear despite being duly notified. Thus, a Certification to File Action, a copy of which is attached as ANNEX D, was issued by the Barangay Chairperson; 6. Defendant’s obligation is due and demandable, and plaintiff is entitled to the payment of the entire amount of Nine Hundred Thousand Pesos (P 900,000.00); 7. By reason of defendant’s unreasonable failure or refusal to pay his due and demandable obligation, plaintiff was forced to engage the services 247
of a counsel to vindicate his rights committing himself to pay legal services amounting to Fifty Thousand Pesos (P 50,000.00). WHEREFORE, plaintiff respectfully prays that judgment be rendered in his favor directing defendant to pay him NINE HUNDRED THOUSAND PESOS (P 900,000.00) plus legal interest as actual damages, and FIFTY THOUSAND PESOS (P 50,000.00) as Attorney’s Fees. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 30th day of January 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Plaintiff 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987 PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
248
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, HARRY I. JANUARIO, of legal age, single, Filipino citizen, and a resident of 67 Green Valley Subdivision, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 1. I am the plaintiff in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 4. I 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; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014, at Baguio City, Philippines.
249
HARRY I. JANUARIO Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 30th day of January 2014, by HARRY I. JANUARIO, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 74; Page No. 15; Book No. I; Series of 2014
JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
250
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City JOHN K. LAVATORRE, Plaintiff, -versus-
Civil Case No.: 4876-R FOR ANNULMENT OF
KRISTINO L. MAPALO, DOCUMENT Defendant. x------------------------------------x COMPLAINT COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully states that: 1. Plaintiff is a Filipino, of legal age, single, and a resident of 78 Green Valley Subdivision, Baguio City where he may be served with summons and other processes, while defendant is also a Filipino, of legal age, single, a friend of plaintiff, and a resident of 13 Camp Allen, Baguio City where he may be served with summons and other processes; 2. Plaintiff owns a MOTOR VEHICLE, hereinafter referred to as personalty, which is described as follows: ONE (1) UNIT MOTOR VEHICLE Make: Plate Number: MV File Number: Motor Number: Serial/ Chassis Number: Official Receipt Number: Certificate of Registration Number:
Isuzu 2012 Model UV AFB 143 4305-10999 886668 VCM 6565 432 12334789 93334060
3. Petitioner and defendant agreed to enter into a contract of sale wherein the former shall sell the second personalty to the latter in exchange for money. However, as no amount was ever agreed upon by them, the contract was never made; 4. On November 20, 2013, defendant borrowed the personalty for business purposes and petitioner, a good friend as he was, lent said personalty to the former on condition that the personalty be returned ten (10) days thereafter; 251
5. However, on the date of the supposed delivery, defendant refused to deliver said personalty and claimed that he bought the same from petitioner. Defendant, through fraud, showed petitioner their purported DEED OF ABSOLUTE SALE dated November 20, 2013, herein attached as ANNEX 1, in which said personalty was allegedly sold for and in consideration of SEVEN HUNDRED FIFTY THOUSAND PESOS (P 750,000.00) and which contained the forged signature of the latter; 6. The events led petitioner to obtain the legal services of counsel and to institute the instant complaint for annulment of the abovementioned document, thereby committing him FIFTY THOUSAND PESOS (P 50,000.00) as Attorney’s Fees; and 7. This action is commenced within four (4) years from the time of discovery of defendant’s fraud pursuant to ARTICLE 1391 of the CIVIL CODE OF THE PHILIPPINES. WHEREFORE, plaintiff most respectfully prays this Honorable Court to render judgment in his favor: 1. ANNULLING the Deed of Absolute Sale dated November 20, 2013; 2. ORDERING restitution of the possession of the personalty described in paragraph 2 hereof to plaintiff; and 3. ORDERING defendant to pay plaintiff FIFTY THOUSAND PESOS (P50,000.00) as Attorney’s Fees. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 30th day of January 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Plaintiff 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987 PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, JOHN K. LAVATORRE, of legal age, single, Filipino citizen, and a resident of 78 Green Valley Subdivision, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 1. I am the plaintiff in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 4. I 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; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014, at Baguio City, Philippines.
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JOHN K. LAVATORRE Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 30th day of January 2014, by JOHN K. LAVATORRE, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 75; Page No. 15; Book No. I; Series of 2014
JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City MARVIN N. ONESIMUS, Plaintiff, -versusMARGENE N. ONESIMUS, Defendant. x------------------------------------x
Civil Case No.: 9834-R FOR RECONVEYANCE OF PROPERTY
COMPLAINT COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully states that: 1. Plaintiff is a Filipino, of legal age, single, and a resident of 201 Upper Woodsgate, Camp 7, Baguio City where he may be served with summons and other court processes, while defendant is a Filipino, of legal age, single, and a resident of 33 Montecillo, Camp 7, Baguio City where he may be served with summons and other court processes; 2. Plaintiff and defendant are brothers and two of the children of MARIO P. ONESIMUS, hereinafter referred to as the deceased, who died on June 1, 2012 and left a parcel covering 450 square meters of land at 33 Montecillo, Camp 7, Baguio City described in TCT No. 1029-B herein attached as ANNEX A; 3. Right after the burial of deceased, defendant requested from plaintiff and their other sibling MARJORIE N. ONESIMUS that he be allowed to take possession and receive income generated by the subject property until after his eldest son could graduate from college, to which request the siblings acceded; 4. After his eldest son NATHANIEL S. ONESIMUS graduated in college, defendant was asked by plaintiff and their other sibling to return the subject property so they could partition the same among themselves. Defendant, however, refused to relinquish possession of said property to the prejudice of the other siblings; 5. Due to defendant’s refusal to return possession of the subject property, plaintiff was forced to institute the foregoing action, committing him to pay FIFTEEN THOUSAND PESOS (P 15,000.00) as consideration for legal services rendered by counsel. 255
WHEREFORE, plaintiff most respectfully prays this Honorable Court to render judgment in his favor 1. ORDERING restitution of the possession of the parcel of land described in paragraph 2 hereof to plaintiff; and 2. ORDERING defendant to pay plaintiff FIFTY THOUSAND PESOS (P50,000.00) as Attorney’s Fees. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 30th day of January 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Plaintiff 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987 PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, MARVIN N. ONESIMUS, of legal age, single, Filipino citizen, and a resident of 201 Upper Woodsgate, Camp 7, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 1. I am the plaintiff in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 4. I 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; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014, at Baguio City, Philippines.
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MARVIN N. ONESIMUS Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 30th day of January 2014, by MARVIN N. ONESIMUS, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 76; Page No. 16; Book No. I; Series of 2014
JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City NAOMI O. PASANLANGIT, Petitioner, -versus3980-R
Civil FOR
Case
No.:
LEGAL
SEPARATION NATHANIEL Q. PASANLANGIT, Respondent. x--------------------------------------x PETITION COMES NOW, the petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully states that: 1. Petitioner is a Filipino, of legal age, and a resident of 201 Sanitary Camp, Trancoville, Baguio City where she may be served with summons and other court processes, while respondent is a Filipino, of legal age, and now a resident of 44 Montecillo, Camp 7, Baguio City where he may be served with summons and other court processes; 2. Petitioner and respondent are married to each other since February 29, 2000, as evidenced by their marriage contract herein attached as ANNEX 1, under the regime of conjugal partnership of gains; 3. For almost nine (9) years, they lived together as a happy family, with their only child NIKOLAI O. PASANLANGIT now six (6) years old, whose birth certificate is herein attached as ANNEX 2, in the abovementioned address of petitioner; 4. However, on January 16, 2010, respondent left petitioner and their child, without any notice and justifiable cause. Petitioner exerted every effort to communicate with and find respondent until one and a half (1½) years later she saw the latter with another woman while walking along Session Road; 5. On the same day, petitioner confronted respondent who, unfortunately, ignored her. Two (2) days later, petitioner received a letter, herein attached as ANNEX 3, from respondent stating, among others, “Hindi na kita mahal. Magkanya-kanya na tayo. x x x”; 6. Due to the abandonment by respondent for more than a year, without any justifiable cause, petitioner commenced this instant action which 259
committed her to engage legal services of counsel amounting to FIFTY THOUSAND PESOS (P 50,000.00); 7. The children of petitioner and respondent are in petitioner’s custody and are being supported by her financially and emotionally; 8. Petitioner cannot provide all the financial needs of the children as she is earning a limited amount from her work whereas respondent is gainfully employed and earns more than enough for his personal needs. Petitioner earns only EIGHTEEN THOUSAND PESOS (P 18,000.00) a month as shown by her payslip attached as ANNEX 4, whereas respondent earns FORTY FIVE THOUSAND PESOS (P 45,000.00) a month as shown by his payslip attached as ANNEX 5. Their common property is insufficient for support of the children. WHEREFORE, plaintiff most respectfully prays this Honorable Court to render judgment in her favor: 1. GRANTING legal separation of petitioner and respondent; 2. AWARDING permanent custody of the minor children to petitioner, with express acknowledgement of the respondent’s visitation rights; 3. AWARDING monthly support in the amount of TWENTY THOUSAND PESOS (P20,000.00) for the minor child, subject to adjustments to be made on changes in earning capacity and needs of the children; and 4. ORDERING respondent to pay plaintiff FIFTY THOUSAND PESOS (P50,000.00) as Attorney’s Fees. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 30th day of January 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Plaintiff 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987 PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, NAOMI O. PASANLANGIT, of legal age, single, Filipino citizen, and a resident of 201 Sanitary Camp, Trancoville, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 1. I am the petitioner in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing petition; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 4. I 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; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014, at Baguio City, Philippines.
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NAOMI O. PASANLANGIT Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 30th day of January 2014, by NAOMI O. PASANLANGIT, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 77; Page No. 16; Book No. I; Series of 2014
JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PAMELA Q. REQUIEM, Petitioner, -versus-
Civil Case No.: 7834-R FOR NULLITY OF
MARRIAGE PRINCE O. REQUIEM, Respondent. x--------------------------------------x PETITION COMES NOW, the petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully states that: 1. Petitioner is a Filipino citizen, of legal age, and married to respondent. For purposes of this petition, she may be served with notices and other pertinent processes through counsel; 2. Respondent is a Filipino citizen, of legal age, currently employed at Summer Palace Hotel, and married to the petitioner. He may be served with summons and other pertinent processes at 23 Lower East Camp 7, Baguio City; 3. Petitioner and respondent were married on March 25, 1990 under the regime of conjugal partnership of gains, and out of this marriage they have 2 children – PERCIVAL Q. REQUIEM (15 years old) and PRECIOUS Q. REQUIEM (6 years old). A copy of the Marriage Contract of petitioner and respondent is attached as ANNEX A and copies of each of the birth certificates of the minor children are attached as ANNEXES B and C, respectively; 4. Petitioner and respondent are currently separated in fact and have been so since May 2013. The reason for the continuing separation in fact is the breakdown of the marriage due to respondent’s psychological incapacity, which existed at the time of the marriage in 1990 and manifested well during the marriage, as he cannot fulfill and discharge his marital obligations to petitioner; 5. Respondent’s psychological incapacity appears to be incurable. The parties had attempted formal and informal counseling sessions, all of which proved unproductive as respondent was resistant to efforts; 263
6. Respondent’s psychological incapacity is classified in clinical terms as being consistent with “Schizoid Personality Disorder with narcissistic features” which is further described as “grave, incurable and has antecedents.” This is explained in greater detail in his Clinical Assessment Report dated February 20 2013, attached as ANNEX D; 7. The children of petitioner and respondent are in petitioner’s custody and are being supported by her financially and emotionally; 8. Petitioner, however, cannot provide for all the financial needs of the children as she is only earning a limited amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own personal needs. Petitioner earns only EIGHTEEN THOUSAND PESOS (P 18,000.00) a month from her work as shown by her payslip attached as ANNEX E, whereas respondent earns FORTY FIVE THOUSAND PESOS (P 45,000.00) a month from his work as shown by his payslip attached as ANNEX F. the common property of the parties is likewise insufficient for the support of the children. WHEREFORE, petitioner prays that judgment be rendered: 1. Declaring the marriage between petitioner and respondent a nullity and, by this token, ordering the dissolution of the conjugal partnership of gains; 2. Awarding permanent custody of the minor children to petitioner, with express acknowledgement of the respondent’s visitation rights; 3. Awarding monthly support in the amount of TWENTY THOUSAND PESOS (P 20,000.00) for each minor child, subject to adjustments to be made on changes in earning capacity and needs of the children. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 30th day of January 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Plaintiff 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987 PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13 264
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, PAMELA Q. REQUIEM, of legal age, single, Filipino citizen, after having been duly sworn in accordance with law, depose and state that: 1. I am the petitioner in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing petition; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 4. I 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; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014, at Baguio City, Philippines.
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PAMELA Q. REQUIEM Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 30th day of January 2014, by PAMELA Q. REQUIEM, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 78; Page No. 16; Book No. I; Series of 2014
JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City RAPAHEL S. TORTELLINI, Petitioner, -versusSAMANTHA T. URDUJA, OF DIVORCE Respondent. x--------------------------------------x
Civil Case No.: 3875-R FOR ACKNOWLEDGMENT OF FOREIGN DECREE
PETITION COMES NOW, the petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully states that: 1. Petitioner is a Canadian citizen, of legal age, and divorced to respondent under the Canadian law. For purposes of this petition, he may be served with notices and other pertinent processes through counsel at 3F La Azotea Bldg., Session Road, Baguio City; 2. Respondent is a Filipino citizen, of legal age, currently employed at Summer Palace Hotel, and divorced to petitioner. She may be served with summons and other pertinent processes at her postal address 55 Ambiong, Barangay Aurora Hill, Baguio City; 3. Petitioner and respondent met in Canada and fell in love with each other. They were married in Canada on March 20, 2006, as evidenced by their marriage contract herein attached as ANNEX 1 and a photograph of the ceremony herein attached as ANNEX 2, which was held valid within the jurisdiction of Philippines pursuant to ARTICLE 26 of the FAMILY CODE; 4. Thereafter, respondent returned to the Philippines to watch over the construction of their family home located in at Woodsgate, Camp 7, Baguio City. Five years after the marriage, when petitioner went to the Philippines to check on his wife and their home, he discovered that his wife was having an affair with another man; 5. Hurt and disappointed, petitioner returned to Canada and filed a petition for divorce which was granted by the Superior Court of Justice of Ontario, Canada on December 8, 2012. A decree of divorce, herein attached as ANNEX 3, was issued and subsequently became effective on January 8, 2013; 267
6. Three months after the divorce, petitioner moved on and met another Filipina THERESE U. VILLANUEVA, of legal age and a resident of 43 Engineer’s Hill, Baguio City; 7. Desiring now to remarry, petitioner instituted the instant proceedings for the acknowledgement of the aforementioned foreign decree of divorce. WHEREFORE, it is respectfully prayed that judgment be rendered by this Honorable Court ACKNOWEDGING the Decree of Divorce issued with finality by the Superior Court of Justice of Ontario, Canada. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 30th day of January 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Plaintiff 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987 PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, RAPAHEL S. TORTELLINI, of legal age, single, Canadian citizen, after having been duly sworn in accordance with law, depose and state that: 1. I am the petitioner in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing petition; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 4. I 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; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January 2014, at Baguio City, Philippines.
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RAPAHEL S. TORTELLINI Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 30th day of January 2014, by RAPAHEL S. TORTELLINI, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 79; Page No. 16; Book No. I; Series of 2014
JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234 PTR No. 1928374/Baguio City/01-0413 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-04-13 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
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CRIMINAL CASES REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------- x JUDICIAL COMPLAINT-AFFIDAVIT OF ARTHUR B. CASTOR FOR ESTAFA I, ARTHUR B. CASTOR, of legal age, Filipino citizen, General Manager of First ATM Loans and Credit Corporation, with business address at Room 305, 3rd Floor, Samson Building, Lower Mabini Street, Baguio City, Philippines, after having been sworn in accordance with law, state that: PURPOSE This JUDICIAL COMPLAINT-AFFIDAVIT is being offered to prove: 1. That ERINEO E. ESTAFINDO knowingly, wilfully, unlawfully, and feloniously committed the crime of ESTAFA under Article 315(1b) of the Revised Penal Code through the subsequent material allegations stated; 2. That the allegations set forth herein are true by identifying and marking supporting evidence attached herein as exhibits; and 3. All other matters, facts, and circumstances relevant and material hereto. PRELIMINARY STATEMENT The person examining me is Assistant City Prosecutor JUAN DE LA CRUZ JR. of the Baguio City Prosecutor’s Office. The examination is being held at the same office. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. The following are the questions propounded by Assistant City Prosecutor Juan de la Cruz Jr. These questions are numbered consecutively and my answers are stated after each question.
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1. Q: Please state your name and other personal circumstances for the record. A: I am Arthur B. Castor, 30 years old, General Manager of First ATM Loans and Credit Corporation (FALCC) with office address at 3rd Floor, Room 305, Samson Building, Lower Mabini Street, Baguio City. 2. Q: What are the circumstances of First ATM Loans and Credit Corporation or FALCC? A: FALCC is a domestic corporation engaged in the business of loans. 3. Q: What is the nature of your complaint? A: I am filing a complaint for Estafa on behalf of FALCC against Erineo A. Estafindo, a collector of loan payments for the corporation. 4. Q: Are you authorized to file this complaint? A: Yes. I have with me the Corporate Secretary’s Certificate authorizing me to file this complaint on behalf of the corporation. 5. Q: You gave me the sworn FALCC’s Corporate Secretary’s Certificate authorizing you to file this complaint on behalf of the corporation. I am marking this as Exhibit “A”. Do you agree with my action? A: Yes. 6. Q: What does the corporation know about Erineo A. Estafindo? A: Erineo A. Estafindo is 35 years old, a resident of 123 Mabini St. Baguio City. He worked for FALCC as a collector from January 1, 2013 up to his suspension on January 15, 2014. 7. Q: What are the duties of Erineo A. Estafindo for FALCC? A: His duties, among others, are to collect payments of loans for and in behalf of FALCC, to issue official receipts, and to remit the same to the company-designated cashier. 8. Q: Was Erineo A. Estafindo able to perform his duties? A: No. Since he worked as a collector for FALCC, he deceitfully collected and received loan payments without remitting the same to the appointed cashier and, thereafter or simultaneously, took and misappropriated the amounts mentioned. 9. Q: Do you have proof of his collection of loan payments? A: Yes. Here are Affidavits executed by three clients of FALCC stating that they paid to Erineo A. Estafindo certain amounts as part of their loans with FALCC with the expectation that he will remit the same.
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10. Q: You gave me three (3) sworn Affidavits of FALCC clients stating they paid to Erineo A. Estafindo their loan payments. I am marking these as Exhibits “B”, “C”, and “D”. Do you agree with my action? A: Yes. 11. Q: You said Erineo A. Estafindo misappropriated the funds. How did he do this? A: Erineo A. Estafindo created two accounts in his name at Allied Bank simultaneous with his stint as collector. He received the loan payments and deposited these in his accounts. On January 30, 2014 a formal demand has been made upon Erineo A. Estafindo demanding that he return the amount of Two Hundred Thousand Five Hundred Sixty Three Pesos and 28/100 (P200,563.28) within five (5) days from his receipt thereof. Despite such demand, he failed, refused and still fails and refuses, to return the same. Here is a copy of the received demand letter. 12. Q: You gave me the demand letter of FALCC received by Erineo A. Estafindo stating that he return the amount of Two Hundred Thousand Five Hundred Sixty Three Pesos and 28/100 (P200,563.28) within five (5) days from his receipt thereof. I am marking this as Exhibit “E”. Do you agree with my action? A: Yes. AFFIANT FURTHER SAYETH NAUGHT. Baguio City, Philippines, this 14th day of February 2014.
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ARTHUR B. CASTOR for FIRST ATM LOANS AND CREDIT CORPORATION Affiant SUBSCRIBED AND SWORN to before me in the City of Baguio, Philippines this 14th day of February, 2014 by ARTHUR B. CASTOR who has satisfactorily proven his identity to me through his Non-Professional Driver’s License No. 01928374, valid until August 30, 2015, and that he is the same person who personally signed the foregoing Judicial ComplaintAffidavit before me. JUAN DE LA CRUZ JR. Assistant City Prosecutor Baguio City MCLE Compliance No. IV-90210/0422-13 ATTESTATION AND CERTIFICATION OF LEGAL COUNSEL I, JUAN DE LA CRUZ JR. Assistant City Prosecutor, Baguio City, Philippines, after having been sworn to in accordance with law, do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that affiant gave; 2. That I have not, nor any other person present or assisting, coached the affiant regarding the affiant’s answers; 3. That I hereby certify that I have personally examined the affiant and that I am fully satisfied that that affiant read and fully understood the sworn statement and executed the same freely and voluntarily; and 4. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment.
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IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 day of February 2014 in the City of Baguio, Philippines. th
JUAN DE LA CRUZ JR. Counsel for the State
SUBSCRIBED AND SWORN to before me this 14 th day of February 2014 in the City of Baguio, Philippines.
ATTY. MARIUS F. PONTMERCI Public Attorney IV Public Attorney’s Office Baguio City MCLE Compliance No. IV-99080/0422-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------- x JUDICIAL COMPLAINT-AFFIDAVIT OF DARWIN E. FRANCO FOR VIOLATION OF BP 22 I, DARWIN E. FRANCO, of legal age, Filipino citizen, a Certified Public Accountant, with residence and postal address at 69 Irisan, Baguio City, Philippines, after having been sworn in accordance with law, state that: PURPOSE This JUDICIAL COMPLAINT-AFFIDAVIT is being offered to prove: 1. That BRAULIO D. CZECHO knowingly, wilfully, unlawfully, and feloniously violated Batas Pambansa Blg. 22 through the subsequent material allegations stated; 2. That the allegations set forth herein are true by identifying and marking supporting evidence attached herein as exhibits; and 3. All other matters, facts, and circumstances relevant and material hereto. PRELIMINARY STATEMENT The person examining me is Assistant City Prosecutor JUAN DE LA CRUZ JR. of the Baguio City Prosecutor’s Office. The examination is being held at the same office. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. The following are the questions propounded by Assistant City Prosecutor Juan de la Cruz Jr. These questions are numbered consecutively and my answers are stated after each question. 1. Q: Please state your name and other personal circumstances for the record. A: I am Darwin E. Franco, 30 years old, a Certified Public Accountant, residing at 69 Irisan, Baguio City. 276
2. Q: What is the nature of your complaint? A: I am filing a complaint for violation of BP 22 against Braulio D. Czecho who last resided at 69 Grande Island Magsaysay Road, Baguio City. 3. Q: How did you know Braulio D. Czecho? A: He was a classmate of mine in college. 4. Q: What happened on October 10, 2013? A: That morning, I went to McDonalds Centermall to receive the payment for the money Braulio D. Czecho borrowed from me last June 2013. He issued in my favor Metrobank Check No. 12345-1234 in the amount of Two Hundred Thousand Pesos (Php 200,000.00) as supposed payment for the loan accommodation of the same amount that extended to him. The check is drawn against the account of Braulio D. Czecho at Metrobank with Account No. 098761234500. Braulio D. Czecho made the assurance and representation that the check is a good check and it would be covered by sufficient funds when presented for payment. 5. Q: What happened next? A: I deposited the check in my bank account but the check was dishonored and returned by the bank on the ground that the same was drawn against insufficient funds. 6. Q: Do you have proof to support your claims? A: Yes. I have here with me a certified true and faithful photocopy of the check issued by Braulio D. Czecho in my favor in the amount of Two Hundred Thousand Pesos (Php 200,000.00). 7. Q: You gave me a certified true and faithful photocopy of Metrobank Check No. 12345-1234 issued by Braulio D. Czecho in favor of Darwin E. Franco in the amount of Two Hundred Thousand Pesos, drawn against the account of Braulio D. Czecho at Metrobank with Account No. 098761234500, and marked “DAIF” on its face. I am marking this as Exhibit “A”. Do you agree with my action? A: Yes. 8. Q: What did you do next when the check was dishonored and returned? A: I immediately notified Braulio D. Czecho of the dishonor and return of the said check and demanded from him that he make good the said check within fifteen (15) days from receipt of my demand letter. Here is the received copy of the demand letter I gave him. 9. Q: You gave me the demand letter sent by Darwin E. Franco and received by Braulio D. Czecho demanding from him that he make 277
good the check within fifteen (15) days from receipt of the letter. I am marking this as Exhibit “B”. Do you agree with my action? A: Yes. 10. Q: Did Braulio D. Czecho make good of his check? A: No. Because of this, I endorsed the check to my lawyer who immediately sent a formal demand letter through registered mail on January 12, 2014, which was personally received by Braulio D. Czecho on January 13, 2014. As of today, however, Braulio D. Czecho unjustifiably ignores all demands to pay the amount and/or to redeem the returned check. Here is the received copy of the formal demand letter and the return card. 11. Q: You gave me the formal demand letter received by Braulio D. Czecho on January 13, 2014 demanding him to pay the amount of Two Hundred Thousand Pesos (Php 200,000.00) and redeem the dishonored check. You also gave me the return card. I am marking these as Exhibits “C” and “D”. Do you agree with my action? A: Yes. AFFIANT FURTHER SAYETH NAUGHT. Baguio City, Philippines, this 14th day of February 2014. DARWIN E. FRANCO Affiant SUBSCRIBED AND SWORN to before me in the City of Baguio, Philippines this 14th day of February, 2014 by DARWIN E. FRANCO who has satisfactorily proven his identity to me through his Professional Regulations Commission License No. 09123857, valid until September 30, 2015, and that he is the same person who personally signed the foregoing Judicial Complaint-Affidavit before me. JUAN DE LA CRUZ JR. Assistant City Prosecutor Baguio City MCLE Compliance No. IV-90210/04-
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------- x JUDICIAL COMPLAINT-AFFIDAVIT OF GREGORY H. ISOLDE FOR ILLEGAL RECRUITMENT I, GREGORY H. ISOLDE, of legal age, Filipino citizen, a Licensed Mechanical Engineer, with residence and postal address at 34 Irisan, Baguio City, Philippines, after having been sworn in accordance with law, state that: PURPOSE This JUDICIAL COMPLAINT-AFFIDAVIT is being offered to prove: 1. That ILADO L. RECUTO knowingly, wilfully, unlawfully, and feloniously violated Article 38 of the Labor Code of the Philippines by the commission of Illegal Recruitment through the subsequent material allegations stated; 2. That the allegations set forth herein are true by identifying and marking supporting evidence attached herein as exhibits; and 3. All other matters, facts, and circumstances relevant and material hereto. PRELIMINARY STATEMENT The person examining me is Assistant City Prosecutor JUAN DE LA CRUZ JR. of the Baguio City Prosecutor’s Office. The examination is being held at the same office. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. The following are the questions propounded by Assistant City Prosecutor Juan de la Cruz Jr. These questions are numbered consecutively and my answers are stated after each question. 1. Q: Please state your name and other personal circumstances for the record. 279
A: I am Gregory H. Isolde, 30 years old, a Licensed Mechanical Engineer, residing at 34 Irisan, Baguio City. 2. Q: What is the nature of your complaint? A: I am filing a complaint for illegal recruitment against Ilado L. Recuto, who claimed to be the proprietor of Manpower Philippines, which last had its office address at 29 Magsaysay Road, Baguio City. 3. Q: How did you know of Ilado L. Recuto and Manpower Philippines? A: Manpower Philippines advertised its recruitment services at the Philippine Daily Inquirer classified ads section on December 1, 2013. The advertisement states that Ilado L. Recuto is the proprietor of Manpower Philippines. They are looking for a Maintenance Engineer in Mobil One’s Oil Refinery at the Kingdom of Saudi Arabia. Here is the newspaper that contains that advertisement. 4. Q: You gave me the December 1, 2013 issue of the Philippine Daily Inquirer which contains in its Classified Ads section the advertisement of Manpower Philippines, a recruitment agency owned by Ilado L. Recuto with office address at 29 Magsaysay Road, Baguio City, looking for Maintenance Engineers for Mobil One Oil Refinery located at the Kingdom of Saudi Arabia. I am marking this as Exhibit “A”. Do you agree with my action? A: Yes. 5. Q: What happened next? A: The day after, I went to the address in the advertisement to apply for the job with all necessary requirements. Then, I was scheduled for an immediate interview with Ilado L. Recuto. During the interview, Ilado L. Recuto boasted about the thousands of workers which he has already sent to various countries in the Middle East as shown by Manpower’s supposed numerous awards and citations posted on the walls of their office. Then, I was informed that I had all the necessary requirements except the mandatory placement fee of One Hundred Thousand Pesos (Php 100,000.00) which they required within a period of one (1) month. 6. Q: Were you able to produce and give Ilado L. Recuto the money? A: Yes. I was able to raise the amount through various loans from my relatives. I went back to Manpower Philippines on January 3, 2014 to give them the placement fee. I have here the receipt stating that Ilado L. Recuto received the amount from me as placement fee for the job they recruited me for. I was then told to return a week after. 7. Q: You gave me the receipt given by Manpower Philippines signed by Ilado L. Recuto acknowledging that they received from you the amount of One Hundred Thousand Pesos (Php 100,000.00) as placement fee for the job they recruited you for. I am marking this as Exhibit “B”. Do you agree with my action? 280
A: Yes. 8. Q: What happened a week after? A: I was shocked to discover that the offices of Manpower were already abandoned and that there wasn’t a trace to be found of the agency. I immediately went to the Department of Labor and Employment (DOLE), and found out that Manpower Philippines was never issued a valid license or authority to engage in recruitment and placement by the Secretary of Labor and Employment nor did such agency exist in their records. I also learned that similar complaints have been filed against Manpower Philippines and specifically its proprietor Ilado L. Recuto, by other victims for their illegal activities. I have here that certification from DOLE. 9. Q: You gave me a DOLE issued certificate stating that Manpower Philippines was never issued a valid license or authority to engage in recruitment and placement of workers abroad. I am marking this as Exhibit “C”. Do you agree with my action? A: Yes. AFFIANT FURTHER SAYETH NAUGHT. Baguio City, Philippines, this 14th day of February 2014. GREGORY H. ISOLDE Affiant SUBSCRIBED AND SWORN to before me in the City of Baguio, Philippines this 14th day of February, 2014 by GREGORY H. ISOLDE who has satisfactorily proven his identity to me through his Professional Regulations Commission License No. 09184372, valid until October 30, 2015, and that he is the same person who personally signed the foregoing Judicial Complaint-Affidavit before me. JUAN DE LA CRUZ JR. Assistant City Prosecutor Baguio City MCLE Compliance No. IV-90210/04-
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------- x JUDICIAL COMPLAINT-AFFIDAVIT OF JEREMY K. LOVE FOR SERIOUS PHYSICAL INJURIES I, JEREMY K. LOVE, of legal age, Filipino citizen, a professional actor, with residence and postal address at 100 Scout Barrio, Baguio City, Philippines, after having been sworn in accordance with law, state that: PURPOSE This JUDICIAL COMPLAINT-AFFIDAVIT is being offered to prove: 1. That CEDIE A. LEE, PATRASH A. LEE, FULGOSO A. LEE, LASSIE A. LEE and DENISE L. CORNETTO knowingly, wilfully, unlawfully, and feloniously committed the crime of Serious Physical Injuries under Article 263 of the Revised Penal Code through the subsequent material allegations stated; 2. That the allegations set forth herein are true by identifying and marking supporting evidence attached herein as exhibits; and 3. All other matters, facts, and circumstances relevant and material hereto. PRELIMINARY STATEMENT The person examining me is Assistant City Prosecutor JUAN DE LA CRUZ JR. of the Baguio City Prosecutor’s Office. The examination is being held at the same office. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. The following are the questions propounded by Assistant City Prosecutor Juan de la Cruz Jr. These questions are numbered consecutively and my answers are stated after each question. 1. Q: Please state your name and other personal circumstances for the record. 282
A: I am Jeremy K. Love, 30 years old, a professional actor, residing at 100 Scout Barrio, Baguio City. 2. Q: What is the nature of your complaint? A: I am filing a complaint for serious physical injuries against Cedie A. Lee, Patrash A. Lee, Fulgoso A. Lee, Lassie A. Lee and Denise L. Cornetto they did against me on the night of January 22, 2014 at Prime Hotel, Baguio City. 3. Q: What happened on the night of January 22, 2014? A: Denise L. Cornetto invited me to her hotel room at Prime Hotel through a text message. She asked me to pass by Jollibee at her hotel and bring her Garlic-Pepper Beef. I went to Prime Hotel and bought the food at the Jollibee branch there and went to Room 501 where she was staying. I knocked at the door and she opened it. She asked me to wait inside. I did. 4. Q: What happened next? A: Five minutes later, Denise L. Cornetto returned with Cedie A. Lee, Patrash A. Lee, Fulgoso A. Lee, and Lassie A. Lee. They then grabbed me, pinned me down, tied my hands and legs and started mauling and beating me all around my body. This happened for quite a while. I was not able to fight back and they muffled my shouts for help. After that, they dragged me out of the hotel room and left me for dead at the entrance gate of Baguio General Hospital. 5. Q: What happened next? A: I was rushed to the emergency room by people at the hospital gate where I was treated for my wounds and bruises. I thereafter learned that I suffered a broken nose, two broken ribs, and severe bruising all around my body and my face. My broken nose needed to undergo an operation to align and support the broken bones. Due to this I was hospitalized for fifteen (15) days and I could not go back to work for more than a month due to the severe bruising on my face. Due to my mauling and beating, I feel pain all over my body and I could not move properly. I have here a comprehensive medical certificate of my injuries and bruises. 6. Q: You gave me a sworn medical certificate issued by your physician at the Baguio General Hospital documenting all your injuries and the possible causes thereof. I am marking this as Exhibit “A”. Do you agree with my action? A: Yes. 7. Q: What happened next? A: I referred this issue to the Lupon Tagapamayapa of Salud Mitra where they all reside however Denise L. Cornetto, Cedie A. Lee, Patrash A. Lee, Fulgoso A. Lee, and Lassie A. Lee did not appear at 283
the meeting. Due to this, the Lupon Tagapamayapa gave me this certificate to file action. 8. Q: You gave me the Certificate to File Action from Salud Mitra Barangay stating the nonappearance of Denise L. Cornetto, Cedie A. Lee, Patrash A. Lee, Fulgoso A. Lee, and Lassie A. Lee. I am marking this as Exhibit “B”. Do you agree with my action? A: Yes. AFFIANT FURTHER SAYETH NAUGHT. Baguio City, Philippines, this 14th day of February 2014.
JEREMY K. LOVE Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio, Philippines this 14th day of February, 2014 by JEREMY K. LOVE who has satisfactorily proven his identity to me through his Non-Professional Driver’s License No. 01998765, valid until November 30, 2015, and that he is the same person who personally signed the foregoing Judicial ComplaintAffidavit before me.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Baguio City MCLE Compliance No. IV-90210/0422-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------- x JUDICIAL COMPLAINT-AFFIDAVIT OF MARCUS N. ORPHEUS FOR ORAL DEFAMATION I, MARCUS N. ORPHEUS, of legal age, Filipino citizen, a Licensed Physical Therapist, with residence and postal address at 24 Aurora Hill, Baguio City, Philippines, after having been sworn in accordance with law, state that: PURPOSE This JUDICIAL COMPLAINT-AFFIDAVIT is being offered to prove: 1. That ORAL S. DEFANTO knowingly, wilfully, unlawfully, and feloniously committed the crime of Slander under Article 263 of the Revised Penal Code through the subsequent material allegations stated; 2. That the allegations set forth herein are true by identifying and marking supporting evidence attached herein as exhibits; and 3. All other matters, facts, and circumstances relevant and material hereto. PRELIMINARY STATEMENT The person examining me is Assistant City Prosecutor JUAN DE LA CRUZ JR. of the Baguio City Prosecutor’s Office. The examination is being held at the same office. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. The following are the questions propounded by Assistant City Prosecutor Juan de la Cruz Jr. These questions are numbered consecutively and my answers are stated after each question.
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1. Q: Please state your name and other personal circumstances for the record. A: I am Marcus N. Orpheus, 30 years old, a Licensed Physical Therapist, residing at 24 Aurora Hill, Baguio City. 2. Q: What is the nature of your complaint? A: I am filing a complaint for oral defamation committed against me by Oral S. Defanto, a resident of 30 Aurora Hill, Baguio City. 3. Q: How did you know Oral S. Defanto? A: Oral S. Defanto is my neighbor since I resided at Aurora Hill. At times, his wife would ask for physical therapy services since she suffered a broken leg from tumbling down their stairs. In fact, it was Oral S. Defanto, on December 16, 2013, who initially asked for my services. When I examined how bad his wife’s fall was, it needed several therapy sessions over the course of three (3) months. I told them these facts and they both agreed with these. They even gave me the full payment for these services though I did not ask for it yet. Oral S. Defanto also gave permission to conduct therapy sessions even if he was not there. He assured me I do not have to worry about anything. 4. Q: What happened on January 24, 2014? A: On January 24, 2014 at around 5 PM, I was walking home from work at Aurora Hill, Baguio City, when I met my neighbor, Oral S. Defanto, who, without me saying anything, to my surprise intentionally shouted, “PUTA KANG MAKATING KAPITBAHAY KA! INAGAW MO ASAWA KO! PALAGI KAYONG NAGLALAMPUNGAN SA ILALIM NG BAHAY NAMIN! MANGAAGAW KA NG ASAWA! PUTA KA!” It was shouted a lot of times and was heard by my neighbors and my son who is only five (5) years old. 5. Q: What were the consequences of this act? A: I received negative responses from my neighbors and they talk in whispers whenever I pass by. My son is always crying as he is always ridiculed by his playmates as the son of a whore. I have been morally injured by this act and respect for me by my neighbors has diminished since. I now have a very bad reputation in our barangay. Due to this I believe I am entitled to moral damages in the amount of at least Fifty Thousand Pesos (Php 50,000.00). 6. Q: Did you talk about this at the Lupon Tagapamayapa? A: I tried to set a meeting at the Barangay with Oral S. Defanto but he did not come on the scheduled dates. I have here the certificate to file action from the Barangay.
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7. Q: You gave me the Certificate to File Action from Aurora Hill Barangay stating the nonappearance of Oral S. Defanto in the meetings. I am marking this as Exhibit “A”. Do you agree with my action? A: Yes. AFFIANT FURTHER SAYETH NAUGHT. Baguio City, Philippines, this 14th day of February 2014.
MARCUS N. ORPHEUS Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio, Philippines this 14th day of February, 2014 by MARCUS N. ORPHEUS who has satisfactorily proven his identity to me through his Professional Regulations Commission License No. 09139576, valid until December 30, 2015, and that he is the same person who personally signed the foregoing Judicial Complaint-Affidavit before me.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Baguio City MCLE Compliance No. IV-90210/0422-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------- x JUDICIAL COMPLAINT-AFFIDAVIT OF PRINCE Q. RUTHERFORD FOR RAPE I, PRINCE Q. RUTHERFORD, of legal age, Filipino citizen, a Registered Nurse, with residence and postal address at 43 Marcoville, Baguio City, Philippines, after having been sworn in accordance with law, state that: PURPOSE This JUDICIAL COMPLAINT-AFFIDAVIT is being offered to prove: 1. That RUPERTO M. LASUA knowingly, wilfully, unlawfully, and feloniously committed the crime of Rape through Sexual Assault under Article 266-A(2) of the Revised Penal Code through the subsequent material allegations stated; 2. That the allegations set forth herein are true by identifying and marking supporting evidence attached herein as exhibits; and 3. All other matters, facts, and circumstances relevant and material hereto. PRELIMINARY STATEMENT The person examining me is Assistant City Prosecutor JUAN DE LA CRUZ JR. of the Baguio City Prosecutor’s Office. The examination is being held at the same office. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. The following are the questions propounded by Assistant City Prosecutor Juan de la Cruz Jr. These questions are numbered consecutively and my answers are stated after each question. 1. Q: Please state your name and other personal circumstances for the record. 288
A: I am Prince Q. Rutherford, 30 years old, a Registered Nurse, residing at 43 Marcoville, Baguio City. 2. Q: What is the nature of your complaint? A: I am filing a complaint for rape committed against me by Ruperto M. Lasua, a resident of 200 Engineer’s Hill, Baguio City. 3. Q: How did you know Ruperto M. Lasua? A: Ruperto M. Lasua was a friend of mine since I was six (6) years old. Due to this, I know him very well. He was one of my drinking buddies before I was employed as a nurse. 4. Q: What happened on January 31, 2014? A: On January 31, 2014 at around 10 PM, I was walking home from work at Marcoville, Baguio City, when I met Ruperto M. Lasua having a drink at a friend’s house. I decided to stop by and catch things up with him since it has been a while since we last talked. He offered me beer which I declined. However, he insisted saying, “For good old times, Dude.” He then gave me a glass of beer. I did not know the beer was drugged. I drank the beer he gave. A few minutes later, I felt dizzy so I had to sit. He asked me what was wrong and I told him I was feeling dizzy maybe due to stress at work. He offered to bring me home to which I acceded. I must have fallen asleep at that time because I could not remember him taking me home. 5. Q: What do you remember when you woke up? A: I woke up because there was something painful at my anus. I was surprised that my hands and feet were tied at both ends of the bed and a gag was put inside my mouth. I woke up at a different bedroom, remembering it was Ruperto M. Lasua’s bedroom since I had been at their house for so many times before. I saw Ruperto M. Lasua inserting a full bottle of San Mig Light through my sphincter. It was so painful. He did this at least five times. Then he removed the bottle and opened it then inserted it through my sphincter again. I was already crying at that time because I was violated and the beer was painful. When he emptied the beer bottle and removed it, I forcefully tried to remove all the beer inside my colon which I succeeded. Upon seeing this, he slapped me at the face and told me, “Dude, namiss kita ng sobra. Ang tagal na nating hindi nagkikita o nagkakausap. Pasensya ka na pero ang linis mo kasi tignan kanina na nakauniporme ng nurse. Nabakla ako Dude! Dapat ako ang makauna sa iyo. Promise, hindi mo ito makakalimutan.” He then inserted his erect penis through my sphincter and he raped me again and again until he ejaculated inside me. I was crying and feeling helpless at that time. 6. Q: How were you able to escape? A: He set me free then he went to the bathroom. I then ran out of their house and went straight to the police. The police escorted me to 289
Baguio General Hospital where I was examined. I have here a sworn medical certificate by the medical examiner. 7. Q: You gave me the sworn medical certificate prepared by the medical examiner at Baguio General Hospital stating among others that sperm and traces of beer were found at your anus and found also at an anal swab made by them. I am marking this as Exhibit “A”. Do you agree with my action? A: Yes. 8. Q: This case may cause you a lot of ridicule and disbelief. Will you be able to take all of these? A: Yes. I have considered everything. My friend violated me. He raped me. I want him to suffer the consequence of his crime. I refuse to be gagged further like how Ruperto M. Lasua gagged me when he violated me. AFFIANT FURTHER SAYETH NAUGHT. Baguio City, Philippines, this 14th day of February 2014.
PRINCE Q. RUTHERFORD Affiant SUBSCRIBED AND SWORN to before me in the City of Baguio, Philippines this 14th day of February, 2014 by PRINCE Q. RUTHERFORD who has satisfactorily proven his identity to me through his Professional Regulations Commission License No. 09173956, valid until January 30, 2016, and that he is the same person who personally signed the foregoing Judicial Complaint-Affidavit before me. JUAN DE LA CRUZ JR. Assistant City Prosecutor Baguio City MCLE Compliance No. IV-90210/0422-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ------------------------------------------- x JUDICIAL COMPLAINT-AFFIDAVIT OF SIMON T. UMBRIEL FOR MURDER I, SIMON T. UMBRIEL, of legal age, Filipino citizen, a Professional Librarian, with residence and postal address at 95 Irisan, Baguio City, Philippines, after having been sworn in accordance with law, state that: PURPOSE This JUDICIAL COMPLAINT-AFFIDAVIT is being offered to prove: 1. That PRIMITIVO M. BERDUGO knowingly, wilfully, unlawfully, and feloniously killed my brother, Peter T. Umbriel, thereby committing the crime of Murder under Article 248 of the Revised Penal Code through the subsequent material allegations stated; 2. That the allegations set forth herein are true by identifying and marking supporting evidence attached herein as exhibits; and 3. All other matters, facts, and circumstances relevant and material hereto. PRELIMINARY STATEMENT The person examining me is Assistant City Prosecutor JUAN DE LA CRUZ JR. of the Baguio City Prosecutor’s Office. The examination is being held at the same office. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. The following are the questions propounded by Assistant City Prosecutor Juan de la Cruz Jr. These questions are numbered consecutively and my answers are stated after each question. 1. Q: Please state your name and other personal circumstances for the record. A: I am Simon T. Umbriel, 30 years old, a Professional Librarian, residing at 95 Irisan, Baguio City. 291
2. Q: What is the nature of your complaint? A: I am filing a complaint for murder committed against my brother, Peter T. Umbriel, by Primitivo M. Berdugo, a resident of 150 Irisan, Baguio City. 3. Q: How did you know Primitivo M. Berdugo? A: Primitivo M. Berdugo is our neighbor since we resided at Irisan. 4. Q: What happened on January 31, 2014? A: On January 31, 2014 at around 5 PM, Primitivo M. Berdugo had an altercation with my brother Peter T. Umbriel about a loan that Primitivo M. Berdugo owes my brother. Primitivo M. Berdugo still refuses to pay his loan of Ten Million Pesos even if it had been long overdue and several extensions were given by my brother. The altercation ended with my brother shouting to Primitivo M. Berdugo, “I’ll see you in court!” 5. Q: What happened next? A: At around 11PM of the same night, my brother decided to buy snacks since we were planning to have a movie marathon since it was a weekend. He went out to a sari-sari store at the end of our street. Two minutes later, I heard a shout so I went out to the street. I saw Primitivo M. Berdugo hack my brother with a Japanese cleaver once at the lower back. I froze with what I saw. People then started to come out and called for help. It was only then that I was able to move and run to my brother. He told me, “Primitivo M. Berdugo did it.” He died in my arms. 6. Q: Thereafter, what happened? A: We reported the incident to the police. My brother’s body was taken by the police for autopsy. I later learned that my brother died because his spinal cord was severed. They gave me an autopsy report detailing the cause of death of my brother. 7. Q: You gave me the Autopsy Report made by the medical examiner upon Peter T. Umbriel stating that the cause of death is a single hack at the back with a sharp object severing the spinal cord. I am marking this as Exhibit “A”. Do you agree with my action? A: Yes. AFFIANT FURTHER SAYETH NAUGHT. Baguio City, Philippines, this 14th day of February 2014.
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SIMON T. UMBRIEL Affiant SUBSCRIBED AND SWORN to before me in the City of Baguio, Philippines this 14th day of February, 2014 by SIMON T. UMBRIEL who has satisfactorily proven his identity to me through his Professional Regulations Commission License No. 09150285, valid until March 30, 2016, and that he is the same person who personally signed the foregoing Judicial Complaint-Affidavit before me.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Baguio City MCLE Compliance No. IV-90210/0422-13
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Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
Criminal Case No.: 6543-R FOR SERIOUS PHYSICAL
INJURIES VICTOR W. XAVIER, Accused. x---------------------------------x APPLICATION FOR PROBATION The accused, through the undersigned counsel, and unto this Honorable Court, respectfully states that: 1. Accused is of legal age, single, Filipino citizen and a resident of 123 Buyagan, Poblacion, La Trinidad, Benguet; 2. On January 31, 2014, the Honorable Court rendered judgment on the above-entitled case convicting the accused of the crime of serious physical injuries and sentencing him to suffer the penalty of imprisonment, the dispositive portion of which reads as follows: “Wherefore, judgment is hereby rendered, finding the accused guilty of serious physical injuries defined and penalized under Article 263 of the Revised Penal Code, who is hereby sentenced to suffer an indeterminate penalty of two (2) months and one (1) day of Arresto Mayor, as minimum and one (1) year and four (4) months of Prision Correccional, as maximum. On the Civil aspect, accused is hereby ordered to pay the complainant the amount of Seventy Five Thousand pesos (PhP 75,000.00) as reimbursement for actual expenses. So ordered.” 3. In view of the foregoing judgment, the accused hereby most respectfully applies before the Honorable Court for probation; 4. Accused further states that he is not one among those offenders disqualified to avail of the benefits of probation, as provided under Section 9, of Presidential Decree No. 968, as amended; 294
5. Accused has not perfected nor does he intend to perfect an appeal from the aforementioned judgment of the Honorable Court; 6. Accused further undertakes to faithfully and religiously comply with the conditions of the probation as provided for under P.D. 956 (Probation Law of 1976) or as may be ordered by the Honorable Court should this application for probation be granted. PRAYER WHEREFORE, premises considered, it is respectfully prayed that this pleading be noted and made part of the records of the above-entitled case and that this Application for Probation filed by the accused VICTOR W. XAVIER be granted. Baguio City, Philippines, this 14th day of February 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Accused 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, VICTOR W. XAVIER, of legal age, single, Filipino citizen, and a resident of 123 Buyagan, Poblacion, La Trinidad, Benguet, after having been duly sworn in accordance with law, depose and state that: 17.I am the accused in the above-entitled case; 18.I have caused the preparation and the filing of the foregoing application; 19.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 20.I 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; that to the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of February 2014, at Baguio City, Philippines.
296
VICTOR W. XAVIER Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 14th day of February 2014, by VICTOR W. XAVIER, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 80; Page No. 16; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
297
REQUEST FOR AND NOTICE OF HEARING ATTY. JEAN F. VALJEAN Branch Clerk of Court Regional Trial Court Branch 7, Baguio City Please submit the foregoing Application to the Court for its consideration and approval immediately upon receipt thereof and kindly include the same in the court’s calendar for hearing on 21 February 2014, at 8:30 in the morning.
PROS. JOSE FERNANDO V. ALONZO Office of the City Prosecutor Justice Hall, Baguio City Please take notice that counsel has requested to be heard on 21 February 2014, at 8:30 in the morning. ATTY. MARIUS F. PONTMERCI Counsel for the Accused
Copy Furnished: PROS. JOSE FERNANDO V. ALONZO Office of the City Prosecutor Justice Hall, Baguio City
298
SPECIAL PROCEEDINGS REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City In the Matter of the Change of Name and Correction of the Certificate of Live Birth of TIM T. MCKEE Spec. Proc. No.: 1001-R FOR CHANGE OF
TIM T. MCKEE, NAME Petitioner, -versusTHE LOCAL CIVIL REGISTRAR OF BAGUIO CITY, Respondent. x--------------------------------------------------x PETITION
COMES NOW, the petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully avers: 1. That the petitioner is a Filipino citizen, of legal age, single, and a resident of 23 Engineer’s Hill, Baguio City; 2. That the Local Civil Registrar of Baguio City is a government entity charged with the recording, registration, and custody of public records and other matters, with postal address at T. Alonzo St, New Lucban, Baguio City, Philippines; 3. That the petitioner has been a bona fide resident of the City of Baguio since 1990, or for at least three (3) years prior to the date of the filing of this petition; 4. That the petitioner’s present name is TIM T. MCKEE as evidenced by his Certificate of Live Birth, hereto attached as Annex “A” and made an integral part of this petition; 5. That such a name is ridiculous and has caused embarrassment to petitioner through the years;
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6. That petitioner prays and requests that his present name be changed to TIMOTHY T. MCKEE and that his Certificate of Live Birth be corrected to reflect such changes. WHEREFORE, the petitioner respectfully prays that after due notice, publication, and hearing, in accordance with the Rules of Court, this Honorable Court, renders judgment: 1. Declaring petitioner’s name of TIM T. MCKEE be changed to TIMOTHY T. MCKEE; and 2. Directing the Local Civil Registrar of Baguio City of effect the corresponding correction in the entry appearing in petitioner’s Certificate of Live Birth by changing his first name from “TIM” to “TIMOTHY”. Baguio City, Philippines, this 28th day of February 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioner 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, TIM T. MCKEE, of legal age, single, Filipino citizen, and resident of 23 Engineer’s Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 5. I am the petitioner in the above-entitled case; 6. I have caused the preparation and the filing of the foregoing petition; 7. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 8. I 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; 9. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and 10.If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of February 2014, at Baguio City, Philippines.
301
TIM T. MCKEE Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 28th day of February 2014, by TIM T. MCKEE, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 80; Page No. 16; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished:
OFFICE OF THE LOCAL CIVIL REGISTRAR T. Alonzo Street, New Lucban, Baguio City
NATIONAL STATISTICS OFFICE 141 Abanao Extension, Baguio City
OFFICE OF THE CITY PROSECUTOR Justice Hall, Baguio City
OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village, Makati City 302
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City In the Matter of the Correction of Date of Marriage of Parents in the Certificate of Live Birth of WOLFGANG AMADEUS A. MOZART Spec. Proc. No.: 1002-R FOR CORRECTION
WOLFGANG AMADEUS A. MOZART, OF ENTRY herein represented by his father and CERTIFICATE guardian, JOHANN LEOPOLD G. MOZART Petitioner, -versus-
IN
A
BIRTH
THE LOCAL CIVIL REGISTRAR OF BAGUIO CITY, Respondent. x------------------------------------------------------x PETITION COMES NOW, the petitioner, represented herein by his father and guardian JOHANN LEOPOLD G. MOZART, through the undersigned counsel, and unto this Honorable Court, most respectfully avers: 7. That the petitioner is a Filipino citizen, a minor, and a resident of 24 Aurora Hill, Baguio City, Philippines, while his representative, who is his father and guardian is of legal age, Filipino citizen, married, and with postal address at 24 Aurora Hill, Baguio City, Philippines, where he may be served with summons and other processes of the Honorable Court; 8. That the Local Civil Registrar of Baguio City is a government entity charged with the recording, registration, and custody of public records and other matters, with postal address at T. Alonzo St, New Lucban, Baguio City, Philippines; 9. That petitioner WOLFGANG AMADEUS A. MOZART was born on January 20, 2014, and is the natural child of Spouses JOHANN LEOPOLD G. MOZART and ANNA MARIA A. MOZART. His birth was duly registered with the Baguio City Local Civil Registry under Local Civil Registry No. 2014-1035. A photocopy of the Certificate of Live Birth of the said minor is hereto attached as Annex “A”, and made an integral part hereof; 303
10.That in the said Certificate of Live Birth of the petitioner, the date and place of marriage of his parents was entered as “MARCH 1, 2013 – BAGUIO CITY”. In all truth and honesty, the entry was furnished by petitioner’s parents in good faith merely to avoid the stigma of illegitimacy since they were not married at petitioner’s birth; 11.That the parents of petitioner eventually got married on February 25, 2014 in Baguio City. A photocopy of the Marriage Certificate is hereto attached as Annex “B” and made an integral part hereof; 12.That petitioner seeks the correction of the erroneous entry in his birth certificate setting forth the date and place of his parents’ marriage as “MARCH 1, 2013 - BAGUIO CITY”. The cancellation of this entry would more accurately set forth the real circumstances attendant to his birth; 13.That in order therefore to correct the entry in the Certificate of Live Birth, an Order by the Honorable Court directing the Local Civil Registrar is needed to effect the changes. WHEREFORE, the petitioner respectfully prays that after due notice and hearing, a decision be rendered in his favor, ordering the Local Civil Registrar of Baguio City, to correct the erroneous entry in his Certificate of Live Birth under paragraph 18 – Date and Place of Marriage of Parents, which states “MARCH 1, 2013 – BAGUIO CITY” amending it to “FEBRUARY 25, 2014 - BAGUIO CITY”. Baguio City, Philippines, this 28th day of February 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioner 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, JOHANN LEOPOLD G. MOZART, of legal age, married, Filipino citizen, and resident of 24 Aurora Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 11.I am the petitioner’s representative in the above-entitled case; 12.I have caused the preparation and the filing of the foregoing petition; 13.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 14.I 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; 15.To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and 16.If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of February 2014, at Baguio City, Philippines.
305
JOHANN LEOPOLD G. MOZART Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 28th day of February 2014, by JOHANN LEOPOLD G. MOZART, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 81; Page No. 17; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished:
OFFICE OF THE LOCAL CIVIL REGISTRAR T. Alonzo Street, New Lucban, Baguio City
NATIONAL STATISTICS OFFICE 141 Abanao Extension, Baguio City
OFFICE OF THE CITY PROSECUTOR Justice Hall, Baguio City OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village, Makati City 306
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City In the Matter of the Declaration of Presumptive Death of LUDWIG VAN BEETHOVEN JOSEPHINE V. BEETHOVEN, PRESUMPTIVE DEATH Petitioner. x-------------------------------------------x
Spec. Proc. No.: 1003-R FOR
PETITION COMES NOW, the petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully avers: 14.That the petitioner is a Filipino citizen, of legal age, and a resident of 25 Cabinet Hill, Baguio City, Philippines, where she may be served with summons and other processes of the Honorable Court; 15.That the petitioner and her husband, LUDWIG VAN BEETHOVEN, were married to each other, on November 28, 1992, before Cardinal Joseph Ratzinger, at the San Agustin Church, Intramuros, Manila. Attached herewith, marked as Annex “A” and made an integral part of this petition is a copy of the marriage certificate; 16.That out of the said marriage, two (2) children were born, namely, JOHANN V. BEETHOVEN, born on November 8, 1993, and MARIA V. BEETHOVEN, born on November 8, 1995. Attached herewith are the birth certificates of said children correspondingly marked as Annex “B”, Annex “C”, and Annex “D”; 17.That the petitioner’s husband left the conjugal abode sometime in 2000 and no news about said respondent had been received since then; 18.That the common children have since been legally adopted by the petitioner’s parents who are U.S. citizens and have been living in the United States since their respective adoptions were granted; 19.That the petitioner has exhausted all possible means as mandated by law to ascertain the whereabouts of her husband but to no avail; 20.That given the lapse of time since the last news or sighting of the petitioner’s husband, the latter may now be declared legally dead for all intents and purposes. 307
WHEREFORE, the petitioner respectfully prays that after due notice and hearing, a decision be rendered in her favor declaring her husband LUDWIG VAN BEETHOVEN PRESUMPTIVELY DECEASED for all legal intents and purposes. Baguio City, Philippines, this 28th day of February 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioner 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, JOSEPHINE V. BEETHOVEN, of legal age, Filipino citizen, and resident of 25 Cabinet Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 17.I am the petitioner in the above-entitled case; 18.I have caused the preparation and the filing of the foregoing petition; 19.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 20.I 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; 21.To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and 22.If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of February 2014, at Baguio City, Philippines.
309
JOSEPHINE V. BEETHOVEN Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 28th day of February 2014, by JOSEPHINE V. BEETHOVEN, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 82; Page No. 17; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished:
OFFICE OF THE LOCAL CIVIL REGISTRAR T. Alonzo Street, New Lucban, Baguio City
NATIONAL STATISTICS OFFICE 141 Abanao Extension, Baguio City
OFFICE OF THE CITY PROSECUTOR Justice Hall, Baguio City OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village, Makati City 310
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City In the Matter of the Guardianship of the Minor PYOTR ILYICH TCHAIKOVSKY ALEXANDER I. TCHAIKOVSKY, GUARDIANSHIP Petitioner. x-------------------------------------------x
Spec. Proc. No.: 1004-R FOR
PETITION COMES NOW, the petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully avers: 21.That the petitioner is a Filipino citizen, of legal age, and a resident of 26 Dominican Hill, Baguio City, Philippines, and the father of the minor PYOTR ILYICH TCHAIKOVSKY, hereinafter referred to as “MINOR”; 22.That the MINOR is presently a resident of the City of Baguio; 23.That the MINOR is ten (10) years of age; 24.That the MINOR is the owner of a parcel of land located in the City of Baguio valued at One Million Pesos (Php 1,000,000.00) and as such MINOR can make no transactions regarding the same; 25.That the nearest of kin of the MINOR are the following: a. ALEXANDER I. TCHAIKOVSKY, 30 years old, MINOR’s father, resident of 26 Dominican Hill, Baguio City; b. ANASTACIA I. TCHAIKOVSKY, 18 years old, MINOR’s sister, resident of 20 Panay Avenue, Quezon City; c. VLADIMIR L. ROMANOV, 75 years old, MINOR’s great grandfather, resident of St. Petersberg, Russia; and d. ISABELLA T. ROMONOV, 74 years old, MINOR’s great grandmother, resident of Siberia, Russia; 26.That due to the minority of MINOR, it is necessary and convenient that a guardian over his person and property be appointed;
311
27.That petitioner is the person having MINOR in his care and that he possesses all qualifications of a person to whom letters of guardianship should issue. WHEREFORE, the petitioner respectfully prays that after due notice and hearing, and the furnishing of a bond set by the Honorable Court, petitioner be issued letters of guardianship and be appointed guardian over the person and property of the MINOR. Baguio City, Philippines, this 28th day of February 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioner 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
312
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, ALEXANDER I. TCHAIKOVSKY, of legal age, widower, Filipino citizen, and resident of 26 Dominican Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 23.I am the petitioner in the above-entitled case; 24.I have caused the preparation and the filing of the foregoing petition; 25.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 26.I 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; 27.To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and 28.If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of February 2014, at Baguio City, Philippines.
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ALEXANDER I. TCHAIKOVSKY Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 28th day of February 2014, by ALEXANDER I. TCHAIKOVSKY, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 83; Page No. 17; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished:
OFFICE OF THE LOCAL CIVIL REGISTRAR T. Alonzo Street, New Lucban, Baguio City
NATIONAL STATISTICS OFFICE 141 Abanao Extension, Baguio City
OFFICE OF THE CITY PROSECUTOR Justice Hall, Baguio City
OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village, Makati City 314
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City In the Matter of the Petition for the Writ of Habeas Corpus in favor of the Minor JOHANN SEBASTIAN BACH JOHANN SEBASTIAN BACH, herein HABEAS CORPUS represented by his mother, MARIA ELIZABETH BACH, Petitioner, -versus-
Spec. Proc. No.: 1005-R FOR WRIT
OF
JOHANN AMBROSIUS BACH and ALEXANDRINA BACH, Respondents. x-----------------------------------------------x PETITION COMES NOW, the petitioner, represented by his mother MARIA ELIZABETH BACH, through the undersigned counsel, and unto this Honorable Court, most respectfully avers: 28.That the petitioner is a Filipino citizen, a minor being two years of age, and under the legal custody of and residing with his mother MARIA ELIZABETH BACH at 27 Quezon Hill, Baguio City, Philippines, while the respondents are of legal age and residing at 53 Trancoville, Baguio City where they may be served with summons and other court processes; 29.That the petitioner is the legitimate child of MARIA ELIZABETH BACH with JOHANN AMBROSIUS BACH; 30.That due to several attempts made by respondent JOHANN AMBROSIUS BACH on the life of his wife MARIA ELIZABETH BACH, the parties have separated with the minor child in the custody of his mother; 31.That the legal custody of the said minor, being under five years of age, is vested in MARIA ELIZABETH BACH; 32.That on February 20, 2014, at about 2:30 o’clock in the afternoon, the respondent JOHANN AMBROSIUS BACH, resorting to ruse and trickery, abducted the petitioner surreptitiously, leaving MARIA 315
ELIZABETH BACH in a mall at Magsaysay Avenue, Baguio City, without returning petitioner to the custody of his mother; 33.That petitioner, in whose behalf this application is being made, is actually restrained of his liberty by the respondent JOHANN AMBROSIUS BACH at the residence of his mother ALEXANDRINA BACH who has knowledge that her son is continuously restraining the petitioner; 34.That petitioner is a child in a very delicate state of health and can easily get sick without special care and attention; 35.That the petitioner has exhausted all means allowed by law, and that he has no other plain, speedy or adequate remedy to protect his rights except by petition for the issuance of the Writ of Habeas Corpus. WHEREFORE, the petitioner respectfully prays that a Writ of Habeas Corpus be issued, directed to the respondents JOHANN AMBROSIUS BACH and ALEXANDRINA BACH commanding them to have the body of the minor, JOHANN SEBASTIAN BACH produced before this Court at the time and place specified therein, and to summon the said respondents then and there, to appear and to show the cause of the detention of the said petitioner, and that after due proceedings, the said minor, JOHANN SEBASTIAN BACH be discharged from restraint. Baguio City, Philippines, this 28th day of February 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioner 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, MARIA ELIZABETH BACH, of legal age, Filipino citizen, and resident of 27 Quezon Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 29.I am the petitioner’s representative in the above-entitled case; 30.I have caused the preparation and the filing of the foregoing petition; 31.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 32.I 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; 33.To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and 34.If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of February 2014, at Baguio City, Philippines.
317
MARIA ELIZABETH BACH Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 28th day of February 2014, by MARIA ELIZABETH BACH, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 84; Page No. 17; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
318
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City In the Matter of the Voluntary Recognition of the Minor Child ANTONIO C. VIVALDI GIOVANNI B. VIVALDI and RECOGNITION CAMILLA C. VIVALDI, CHILD Petitioners. x--------------------------------------------x
Spec. Proc. No.: 1006-R FOR VOLUNTARY OF A MINOR
PETITION COMES NOW, the petitioners, through the undersigned counsel, and unto this Honorable Court, most respectfully aver: 36.That petitioners are of legal age, Filipino citizens, and residents of 28 Quirino Hill, Baguio City; 37.That GIOVANNI B. VIVALDI is the natural father of the child ANTONIO C. VIVALDI, who is seven years of age and lives with him and his wife CAMILLA C. VIVALDI, at the abovementioned address. Petitioners have continuously recognized the child as their legitimate child since his birth, introduced him to other persons as their child, and enrolled him as their child in kindergarten and in the elementary school. The child has been part of all family gatherings; 38.That the natural mother of the child, ANTONINA C. VIVALDI died during giving birth to the child on January 30, 2007. Attached hereto is a copy of the Death Certificate of ANTONINA C. VIVALDI marked as Annex “A”; 39.That the petitioner, GIOVANNI B. VIVALDI was never legally married to ANTONINA C. VIVALDI as there are no records in the Local Civil Registrar that show that the petitioner was married prior to his current marriage to CAMILLA C. VIVALDI. Attached hereto is a certification by the Local Civil Registrar marked as Annex “B”; 40.That, as far as the petitioners know, no other persons acknowledged the child as theirs, or are there any other relatives of the child. WHEREFORE, the petitioner respectfully prays that after due notice and hearing, the Honorable Court renders a judgment approving the 319
voluntary recognition of ANTONIO C. VIVALDI as the natural child of the petitioners. Baguio City, Philippines, this 28th day of February 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioners 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING We, GIOVANNI B. VIVALDI and CAMILLA C. VIVALDI, of legal ages, married to each other, Filipino citizens, and residents of 28 Quirino Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 35.We are the petitioners in the above-entitled case; 36.We have caused the preparation and the filing of the foregoing petition; 37.We have read the contents thereof and the facts stated therein are true and correct of our personal knowledge and on the basis of copies of documents and records in our possession; 38.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; 39.To the best of our knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and 40.If we should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, we undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, we have hereunto set my hand this 28th day of February 2014, at Baguio City, Philippines.
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GIOVANNI B. VIVALDI CAMILLA C. VIVALDI Affiant Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 28th day of February 2014, by GIOVANNI B. VIVALDI and CAMILLA C. VIVALDI, who are personally known to me, who are the same persons who personally signed before me the foregoing document.
Doc. No. 85; Page No. 17; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished:
OFFICE OF THE LOCAL CIVIL REGISTRAR T. Alonzo Street, New Lucban, Baguio City
NATIONAL STATISTICS OFFICE 141 Abanao Extension, Baguio City
OFFICE OF THE CITY PROSECUTOR Justice Hall, Baguio City
OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village, Makati City 322
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City In the Matter of the Adoption of PEPITO ALAG SANCHEZ 1007-R
Spec. Proc. No.: FOR DOMESTIC ADOPTION
JOHN SANCHEZ, Petitioner. x-----------------------------------------x PETITION COMES NOW, the petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully avers: 1. That the petitioner is a dual citizen of the Philippines and Australia, of legal age, single, and a currently a resident of Atok Trail, Baguio City but for the purpose of this proceedings, he elects his Australian citizenship; 2. That the petitioner has no children or descendants and hereby desires to adopt his nephew PEPITO ALAG SANCHEZ, Filipino citizen, 52 years old, single, a resident of Session Road, Baguio City, who is suffering from severe cerebral palsy and is unable to fend for himself, therefore, an incompetent under the law for his inability to control his limbs making him dependent upon someone else all his life; 3. That the parents of Pepito are now dead, and he is not under the care of his brothers since he has been roaming the streets of Baguio City and living off alms while his brothers enjoy the estate left by their parents; 4. That the relatives of Pepito are the following: a. Russell Alag Sanchez, 61 years old, his brother, resident of Anda, Pangasinan; b. Keith Alag Sanchez, 59 years old, his brother, resident of Anda, Pangasinan; c. Allan Alag Sanchez, 57 years old, his brother, resident of Anda, Pangasinan;
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d. Ben Alag Ilao Jr., 32 years old, his half-brother, resident of 23 Aurora Hill, Baguio City; e. Jack Alag Ilao, 29 years old, his half-brother, resident of 23 Aurora Hill, Baguio City; f. Michael Sanchez, 75 years old, his paternal uncle, resident of Anda, Pangasinan; and g. John Sanchez, 72 years old, his paternal uncle, resident of Atok Trail, Baguio City; 5. That Pepito is the co-owner pro indiviso of a house and lot at 23 Aurora Hill, Baguio City he inherited from his deceased parents together with his three brothers, covered by Transfer of Certificate of Title No. T-45678 in the names of his deceased parents Pedro Sanchez and Genoveva Alag; 6. That the petitioner possesses all the qualifications and none of the disqualifications required of an alien adopter by Section 7 of the Domestic Adoption Act of 1998, to wit: of legal age being 72 years old, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for Pepito, at least sixteen (16) years older than Pepito, and Pepito is his relative within the third degree of consanguinity; 7. That the petitioner had attended pre-adoption seminars and counselling sessions prepared and provided by the Department of Social Welfare and Development in preparation for the adoption as evidenced by certificates heretofore attached as Annex “A”; 8. That the petitioner, during his lifetime and beyond, will be able to financially support Pepito as when Pepito becomes his legitimate son and becomes an Australian citizen, he will be entitled support from the Australian government due to his condition, and he also may avail of survivorship benefits in case of petitioner’s demise; 9. That Pepito, though suffering from severe cerebral palsy, fully understands the consequences of the adoption and was able to communicate his eager consent to be adopted by petitioner which was heard and now witnessed by two disinterested persons from the Department of Social Welfare and Development with their sworn affidavits heretofore attached as Annexes “B” and “C”; 10.That petitioner only wants to provide love, care, understanding, and security to Pepito that his other relatives have failed to give and petitioner wants to uphold and make paramount the best interests of 324
Pepito now and in the future which are also the policies of the Domestic Adoption Act of 1998. WHEREFORE, the petitioner respectfully prays that after due notice and hearing, judgment be rendered declaring PEPITO ALAG SANCHEZ for all intents and purposes, the legitimate child of petitioner JOHN SANCHEZ. Baguio City, Philippines, this 28th day of February 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioner 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, JOHN SANCHEZ, of legal age, widower, Filipino citizen, and resident of Atok Trail, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 41.I am the petitioner in the above-entitled case; 42.I have caused the preparation and the filing of the foregoing petition; 43.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 44.I 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; 45.To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and 46.If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
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IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of February 2014, at Baguio City, Philippines. JOHN SANCHEZ Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 28th day of February 2014, by JOHN SANCHEZ, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 86; Page No. 18; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished:
OFFICE OF THE LOCAL CIVIL REGISTRAR T. Alonzo Street, New Lucban, Baguio City
NATIONAL STATISTICS OFFICE 141 Abanao Extension, Baguio City
OFFICE OF THE CITY PROSECUTOR Justice Hall, Baguio City OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village, Makati City 327
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City In the Matter of the Intestate Estate of SPOUSES BEN ILAO SR. AND GENOVEVA ALAG Spec. Proc. No.: _____ BEN ALAG ILAO JR., FOR: ADMINISTRATION Petitioner. x-----------------------------------------------------x PETITION COMES NOW, the petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully avers: 41.That the petitioner is a Filipino citizen, of legal age, single, and a resident of 23 Aurora Hill, Baguio City; 42.That the petitioner is the legitimate son of the deceased spouses Ben Ilao Sr. and Genoveva Alag who died intestate in Baguio City on March 25, 1999 and May 24, 2009, respectively; 43.That the spouses were survived by the following legal heirs, to wit: a. BEN ALAG ILAO JR., son of the spouses, 32 years old, resident of 23 Aurora Hill, Baguio City; and b. JACK ALAG ILAO, son of the spouses, 29 years old, resident of 23 Aurora Hill, Baguio City; 44.That the deceased spouses left the following properties, to wit: a. Residential Lot located at 23 Aurora Hill, Baguio City with an assessed value of Five Thousand Pesos (Php 5,000.00) in 1981; and b. House located at 23 Aurora Hill, Baguio City with an assessed value of Thirteen Thousand Four Hundred Pesos (Php 13,400.00) in 1981; and 45.That as far as petitioner knows, the deceased spouses were never indebted to any person, natural or juridical.
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WHEREFORE, the petitioner respectfully prays that after due notice and hearing, and the giving of a bond in the amount fixed by this Honorable Court, Letters of Administration of the Intestate Estate of the deceased spouses Ben Ilao Sr. and Genoveva Alag be issued to Ben Alag Ilao Jr. Baguio City, Philippines, this 28th day of February 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Petitioner 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, BEN ALAG ILAO JR., of legal age, single, Filipino citizen, and resident of 23 Aurora Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 47.I am the petitioner in the above-entitled case; 48.I have caused the preparation and the filing of the foregoing petition; 49.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 50.I 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; 51.To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and 52.If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
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IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of February 2014, at Baguio City, Philippines.
BEN ALAG ILAO JR. Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 28th day of February 2014, by BEN ALAG ILAO JR., who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 87; Page No. 18; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
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ANSWERS REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City INDIRA M. SINGH, Plaintiff, -versus-
Civil Case No.: 1001-R FOR COLLECTION OF SUM OF
MONEY ALBERT L. GENUINO, Defendant. x------------------------------------x ANSWER COMES NOW, the defendant, through the undersigned counsel, in answer to plaintiff’s complaint in the above-entitled case, and unto this Honorable Court, most respectfully avers: 46.That defendant specifically denies under oath the genuineness and due execution of the alleged promissory note (Annex B) attached to said complaint; and 47.That said promissory note was executed through fraud, threats, and intimidation, therefore it is void. WHEREFORE, the defendant respectfully prays that the complaint be dismissed. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014. ATTY. MARIUS F. PONTMERCI Counsel for the Defendant 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, ALBERT L. GENUINO, of legal age, single, Filipino citizen, and resident of 1 Engineer’s Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 53.I am the defendant in the above-entitled case; 54.I have caused the preparation and the filing of the foregoing answer; 55.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines. ALBERT L. GENUINO Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by ALBERT L. GENUINO, who is personally known to me, who is the same person who personally signed before me the foregoing document. ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] Doc. No. 88; PTR No. 1928374/Baguio City/01-02Page No. 18; 14 Book No. I; Roll of Atty. No. 67548/05-18-10 Series of 2014 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R) Copy Furnished: ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Plaintiff 45 Hotel, Leonard Wood Road, Baguio City 333
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REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City INDIRA M. SINGH, Petitioner, -versus1002-R
Civil Case No.: FOR
INSOLVENCY BRUCE E. GRATUITO, Respondent. x------------------------------------x ANSWER COMES NOW, the respondent, through the undersigned counsel, in answer to petitioner’s petition in the above-entitled case, and unto this Honorable Court, most respectfully avers: That he denies that he has committed any of the acts of insolvency set forth in said petition, or that he is insolvent. WHEREFORE, the respondent respectfully prays that the petition be dismissed. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Respondent 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, BRUCE E. GRATUITO, of legal age, single, Filipino citizen, and resident of 2 Aurora Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 1. I am the respondent in the above-entitled case; 2. I have caused the preparation and the filing of the foregoing answer; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines. BRUCE E. GRATUITO Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by BRUCE E. GRATUITO, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 89; Page No. 18; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished: ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Petitioner 336
45 Hotel, Leonard Wood Road, Baguio City REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City ANGELICA Y. SANTIBANYEZ, Petitioner, -versus-
Civil Case No.: 1003-R FOR
CANCELLATION OF TITLE FACUNDO S. ALIPIN, Respondent. x------------------------------------x ANSWER COMES NOW, the respondent, through the undersigned counsel, in answer to petitioner’s petition in the above-entitled case, and unto this Honorable Court, most respectfully avers: 1. That he admits the allegations in paragraph 1 of the petition regarding the personal circumstances and addresses of the parties; 2. That he admits the allegations in paragraphs 2 to 5 of the petition, subject to qualifications and affirmative defenses herein alleged; SPECIAL AND AFFIRMATIVE DEFENSES 1. That the parcel of land in question is a conjugal property of respondent and his wife, Betty Diyosa; 2. That the court in Civil Case No. 123-R has not acquired jurisdiction over the person of his wife because she was not a party litigant therein; 3. That the money judgment in Civil Case No. 123 arose from the personal transaction of petitioner in connection with the accommodation surety she executed to secure payment of the loan extended by respondent to the corporation, X, which loan did not benefit the conjugal property, and accordingly said conjugal property is exempt from execution to satisfy said personal judgment of respondent; 4. That the execution sale is invalid because there was no valid levy made by the sheriff, as at the time the court in Civil Case No. 123 has not acquired jurisdiction over the person of respondent’s wife, who was not a party litigant in said case; 337
5. That the market value of the land in question far exceeds the amount of money judgment rendered in favor of petitioner, as to unfairly and unjustly enrich petitioner; 6. That the Supreme Court ruled in Padilla, Jr. v. Phil. Producers’ Cooperative Marketing Assn., G.R. No. 141256, July 15, 2005: “It is clear that PD 1529 provides the solution to respondent’s quandary. The reasons behind the law make a lot of sense; it provides due process to a registered landowner (in this case the petitioner) and prevents the fraudulent or mistaken conveyance of land, the value of which may exceed the judgment obligation. Petitioner contends that only his interest in the subject lots, and not that of his wife who was not a party to the suit, should have been subjected to execution, and he should have had the opportunity to prove as much.” WHEREFORE, the respondent respectfully prays that the petition be dismissed. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Respondent 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, FACUNDO S. ALIPIN, of legal age, single, Filipino citizen, and resident of 3 Cabinet Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 56.I am the respondent in the above-entitled case; 57.I have caused the preparation and the filing of the foregoing answer; 58.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines. FACUNDO S. ALIPIN Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by FACUNDO S. ALIPIN, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 90; Page No. 18; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished: ATTY. FERNANDO JOSE DEL CASTILLO Counsel for the Petitioner 339
45 Hotel, Leonard Wood Road, Baguio City
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REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City ANGELICA Y. SANTIBANYEZ, Petitioner, -versus-
Spec. Proc. No.: 1004-R FOR WRIT OF
HABEAS CORPUS THE CHIEF OF POLICE OF BAGUIO CITY, Respondent. x------------------------------------------------x ANSWER COMES NOW, the respondent, through the undersigned counsel, hereby makes due return of the Writ of Habeas Corpus issued by this Honorable Court on March 6, 2014, and by way of answer to petitioner’s petition in the above-entitled case, and unto this Honorable Court, most respectfully avers: 3. That the herein respondent has Angelica Y. Santibayez under restraint in the police detention cell at the Baguio City Police Department Headquarters, pending completion of and transfer to the city jail now under reconstruction; 4. That the herein respondent caused the apprehension of the said Angelica Y. Santibayez on February 14, 2014, and the authority, the true, and the whole story and cause of the said restraint of the said person are the following, to wit: a. That said party, Angelica Y. Santibayez, was apprehended and placed under police custody on suspicion of having smuggled unlicensed firearm found abandoned in an army bag at Army Navy, Session Road, Baguio City, reported by a person to have been carried by said Angelica Y. Santibayez; b. That in the evening of February 14, 2014, while investigation of the detainee was being conducted, the Warrant Section of the Baguio City Police Department discovered among its files a warrant for the arrest of said Angelica Y. Santibayez issued by the Regional Trial Court of this city, Branch 2, in Criminal Case No. 1234-R entitled “People of the Philippines vs. Angelica Y.
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Santibayez” for the crime of Assault upon a Person in Authority; c. That in the above-mentioned criminal case, the detainee has not posted a bond for her provisional liberty up to the present time; d. That said detainee has been detained temporarily in the police detention cell of the Baguio City Police Department in view of the destruction through fire of the Baguio City Jail; e. That a copy of the warrant of arrest issued against Angelica Y. Santibayez in Criminal Case No. 1234 entitled “People of the Philippines vs. Angelica Y. Santibayez” commanding her apprehension, is hereto attached as Annex “1” and made an integral part of this return and answer. WHEREFORE, the respondent respectfully prays that the petition be dismissed. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014.
JUAN DE LA CRUZ JR. Counsel for Respondent Assistant City Prosecutor Baguio City MCLE Compliance No. IV-90210/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, CRISOSTOMO R. IBARRA, of legal age, single, Filipino citizen, and Chief of Police of the City of Baguio, Philippines after having been duly sworn in accordance with law, depose and state that: 59.I am the respondent in the above-entitled case; 60.I have caused the preparation and the filing of the foregoing answer; 61.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession; 62.I have attached a certified photocopy of the warrant of arrest issued against Angelica Y. Santibayez in Criminal Case No. 1234 entitled “People of the Philippines vs. Angelica Y. Santibayez” for the crime of Assault upon a Person in Authority and marked as Annex “1”. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines.
CRISOSTOMO R. IBARRA Affiant
SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by CRISOSTOMO R. IBARRA.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Baguio City MCLE Compliance No. IV-90210/04-22-13
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CERTIFICATION OF LEGAL COUNSEL I, JUAN DE LA CRUZ JR. Assistant City Prosecutor, Baguio City, Philippines, after having been sworn to in accordance with law, do hereby depose and say: That I hereby certify that I have personally examined the affiant and that I am fully satisfied that that affiant read and fully understood the answer and executed the same freely and voluntarily; and IN WITNESS WHEREOF, I have hereunto affixed my signature this 7 day of March 2014 in the City of Baguio, Philippines. th
JUAN DE LA CRUZ JR. Counsel for the State
SUBSCRIBED AND SWORN to before me this 7 th day of March 2014 in the City of Baguio, Philippines.
ATTY. MARIUS F. PONTMERCI Public Attorney IV Public Attorney’s Office Baguio City MCLE Compliance No. IV-99080/0422-13
Copy Furnished: ATTY. FERNANDO JOSE ALTAMIRANO DEL CASTILLO Counsel for the Petitioner 45 Hotel, Leonard Wood Road, Baguio City
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REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City NAOMI O. PASANLANGIT, Petitioner, -versus1005-R
Civil FOR
Case
No.:
LEGAL
SEPARATION NATHANIEL Q. PASANLANGIT, Respondent. x------------------------------------x ANSWER COMES NOW, the respondent, through the undersigned counsel, in answer to petitioner’s petition in the above-entitled case, and unto this Honorable Court, most respectfully avers: 5. That he admits the allegations in paragraphs 1 and 2 of the petition; 6. That he denies the allegations in the rest of the petition, the truth being that he was forced to leave the conjugal home because petitioner committed acts which are also grounds for legal separation, such as sexual infidelity, attempt on the life of respondent and abusive conduct against their two children. WHEREFORE, the respondent respectfully prays that the petition be dismissed. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Respondent 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, NATHANIEL Q. PASANLANGIT, of legal age, single, Filipino citizen, and resident of 4 Dominican Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 63.I am the respondent in the above-entitled case; 64.I have caused the preparation and the filing of the foregoing answer; 65.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines. NATHANIEL Q. PASANLANGIT Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by NATHANIEL Q. PASANLANGIT, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 91; Page No. 19; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished: ATTY. FERNANDO JOSE DEL CASTILLO Counsel for the Petitioner 45 Hotel, Leonard Wood Road, Baguio City 346
347
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City INDIRA M. SINGH, Plaintiff, -versus-
Civil Case No.: 1006-R FOR COLLECTION OF SUM OF
MONEY MERRIAM W. DEFENSOR, Defendant. x------------------------------------x ANSWER COMES NOW, the defendant, through the undersigned counsel, in answer to plaintiff’s complaint in the above-entitled case, and unto this Honorable Court, most respectfully avers: 1. That defendant admits that portion of paragraph 1 of the complaint regarding the names, residences and status of the parties, but denies the rest thereof, for lack of knowledge sufficient to form a belief as to the truth thereof; 2. That defendant denies under oath the execution and authentication of the promissory note, Annex “A” of the complaint, the truth being that the same is a forgery and that he did not execute nor sign the same; 3. That assuming, arguendo, that the promissory is genuine and duly executed; it was executed by a person on behalf of defendant, without any authority from defendant; 4. That assuming, further, that the agent who signed the promissory note on behalf is duly authorized to do so, the amount of indebtedness therein stated represented payment of gambling losses of defendant in favor of plaintiff; and 5. That assuming, finally, that the indebtedness shown in the promissory note and the promissory note is legitimate, plaintiff has been paid the amount thereof.
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WHEREFORE, the defendant respectfully prays that the complaint be dismissed. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Defendant 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, MERRIAM W. DEFENSOR, of legal age, single, Filipino citizen, and resident of 5 Quezon Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 66.I am the defendant in the above-entitled case; 67.I have caused the preparation and the filing of the foregoing answer; 68.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines. MERRIAM W. DEFENSOR Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by MERRIAM W. DEFENSOR, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 92; Page No. 19; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished: ATTY. FERNANDO JOSE DEL CASTILLO Counsel for the Plaintiff 45 Hotel, Leonard Wood Road, Baguio City 350
351
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City ISABELLA C. DE BASILAN, Plaintiff, -versus-
Civil Case No.: 1007-R FOR SPECIFIC
PERFORMANCE RYAN A. PERMISO, Defendant. x------------------------------------x ANSWER COMES NOW, the defendant, through the undersigned counsel, and unto this Honorable Court, most respectfully avers: 6. That defendant pleads as permissive counterclaim that plaintiff and defendant entered into a contract of sale of clothes on January 5, 2014, whereby defendant will deliver to plaintiff clothes worth P2,000,000.00 and plaintiff would pay the same, upon delivery.” 7. That defendant having delivered said clothing materials on January 15, 2014 to plaintiff, the latter, notwithstanding repeated demands, both oral and written, failed and refused to pay the same and still fails and continues to refuse to pay, in breach of his obligation. WHEREFORE, the defendant prays that the complaint be dismissed. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Defendant 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
352
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, RYAN A. PERMISO, of legal age, single, Filipino citizen, and resident of 6 Quirino Hill, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 69.I am the defendant in the above-entitled case; 70.I have caused the preparation and the filing of the foregoing answer; 71.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines. RYAN A. PERMISO Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by RYAN A. PERMISO, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 93; Page No. 19; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished: ATTY. FERNANDO JOSE DEL CASTILLO Counsel for the Plaintiff 353
45 Hotel, Leonard Wood Road, Baguio City REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City INDIRA M. SINGH, Plaintiff, -versus-
Civil Case No.: 1008-R FOR COLLECTION OF SUM OF
MONEY DENNIS F. CONTRERA, Defendant. x------------------------------------x ANSWER COMES NOW, the defendant, through the undersigned counsel, in answer to plaintiff’s complaint in the above-entitled case, and unto this Honorable Court, most respectfully avers: 8. That defendant admits the averment in paragraphs 1, 2, and 3 of the complaint; 9. That defendant specifically denies the allegation in paragraph 4 of the complaint for lack of information and sufficient knowledge to form a belief as to the truth thereof; 10.That defendant does not admit the allegations contained in paragraphs 5 and 6 of the complaint as it lacks in form and substance to support any cause of action against the defendant; 11.That assuming, further, that the agent who signed the promissory note on behalf is duly authorized to do so, the amount of indebtedness therein stated represented payment of gambling losses of defendant in favor of plaintiff; and 12.That defendant does not admit the allegation in paragraph 7 as it has no basis in law and in facts; SPECIAL AND AFFIRMATIVE DEFENSES Defendants adopt and replead the foregoing allegations, and raise by way of special and affirmative defenses the following: 1. That the complaint states no cause of action. The rule requires that every action must be prosecuted or defended in the name of the real 354
party in interest. (Sec. 2, Rule 3 of 1997 Rules of Civil Procedure). Only parties to a contract may sue or be sued upon that contract; 2. That in the instant case, it is plain in the verification/certification appended to the complaint that A is suing in his own name by stating, under oath, that he is the plaintiff in the case, not A&Z Corporation. A is not a party to the contract, she has no cause of action against herein defendant; 3. That A&Z Corporation has not authorized plaintiff to file the aboveentitled case; COUNTERCLAIM By way of counterclaim, defendant alleges: That by virtue of this unwarranted suit initiated by plaintiff, defendant was forced to engage counsel in the sum of ten thousand pesos (Php10, 000.00). WHEREFORE, the defendant respectfully prays that the complaint be dismissed and be awarded the amount of ten thousand pesos (Php10,000.00). Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Defendant 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
355
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, DENNIS F. CONTRERA, of legal age, single, Filipino citizen, and resident of 7 Atok Trail, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 72.I am the defendant in the above-entitled case; 73.I have caused the preparation and the filing of the foregoing answer; 74.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines. DENNIS F. CONTRERA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by DENNIS F. CONTRERA, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 94; Page No. 19; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished: ATTY. FERNANDO JOSE DEL CASTILLO Counsel for the Plaintiff 356
45 Hotel, Leonard Wood Road, Baguio City REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City INDIRA M. SINGH, Plaintiff, -versus-
Civil Case No.: 1009-R FOR COLLECTION OF SUM OF
MONEY FRANCIS Y. PANUNUMPA, Defendant. x------------------------------------x ANSWER COMES NOW, the defendant, through the undersigned counsel, in answer to plaintiff’s complaint in the above-entitled case, and unto this Honorable Court, most respectfully and specifically denies under oath the genuineness and due execution of the instrument, a copy of which is attached to plaintiff’s complaint as Annex “A”, the truth being that his signature thereon is forged and that he did not in fact sign the said instrument. WHEREFORE, the defendant respectfully prays that the complaint be dismissed. Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Defendant 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
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REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, FRANCIS Y. PANUNUMPA, of legal age, single, Filipino citizen, and resident of 8 Salud Mitra, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 1 I am the defendant in the above-entitled case; 2 I have caused the preparation and the filing of the foregoing answer; 3 I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines. FRANCIS Y. PANUNUMPA Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by FRANCIS Y. PANUNUMPA, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 95; Page No. 19; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished: ATTY. FERNANDO JOSE DEL CASTILLO 358
Counsel for the Plaintiff 45 Hotel, Leonard Wood Road, Baguio City REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City JOHN M. PANINGIT, Petitioner, -versus1010-R
Civil Case No.: FOR PARTITION
JAMES M. PANINGIT, Respondent, JUDE M. PANINGIT, Intervenor-Respondent. x------------------------------------x ANSWER-IN-INTERVENTION COMES NOW, the intervenor-respondent, through the undersigned counsel, in answer to petitioner’s petition in the above-entitled case, and unto this Honorable Court, most respectfully avers: 1. That intervenor-respondent is one of the co-owners of the property, subject matter of the petition for partition; 2. That intervenor-respondent admits that petitioner sold his undivided share to respondent; 3. That intervenor-respondent sold his undivided share in the property to petitioner as shown in the copy of the deed of sale attached as Annex “A” in the petition; 4. That petitioner has not paid the full purchase of the property to answering intervenor-respondent, as he has not paid the balance of P2,000,000.00, which he refused and still continues to refuse to pay the same, notwithstanding demands. WHEREFORE, the intervenor-respondent respectfully prays that the petition be dismissed.
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Alternatively, petitioner be ordered to pay the balance of the purchase price of P2,000,000.00 before the share of respondent may be transferred to him, as purchaser of the undivided share.
Other just and equitable reliefs are likewise prayed for. Baguio City, Philippines, this 7th day of March 2014.
ATTY. MARIUS F. PONTMERCI Counsel for the Respondent 3F La Azotea Bldg., Session Road, Baguio City (074) 422-0987
[email protected] PTR No. 1999910/Baguio City/01-02-14 Roll of Atty. No. 81319/05-05-13 IBP OR No. 692876/Baguio-Benguet/01-02-14 MCLE Compliance No. IV-99080/04-22-13
360
REPUBLIC OF THE PHILIPPINES} CITY OF BAGUIO } S.S. x ---------------------------------------------- x VERIFICATION I, JUDE M. PANINGIT, of legal age, single, Filipino citizen, and resident of 9 Military Cut-off, Baguio City, Philippines after having been duly sworn in accordance with law, depose and state that: 75.I am the intervenor-respondent in the above-entitled case; 76.I have caused the preparation and the filing of the foregoing answer; 77.I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and on the basis of copies of documents and records in my possession. IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of March 2014, at Baguio City, Philippines. JUDE M. PANINGIT Affiant SUBSCRIBED AND SWORN to before me, in the City of Baguio, Philippines, this 7th day of March 2014, by JUDE M. PANINGIT, who is personally known to me, who is the same person who personally signed before me the foregoing document.
Doc. No. 96; Page No. 20; Book No. I; Series of 2014
ATTY. JUAN DE LA CRUZ JR. Notary Public Until December 31, 2014 100A Session Road, Baguio City (074) 422-1234
[email protected] PTR No. 1928374/Baguio City/01-0214 Roll of Atty. No. 67548/05-18-10 IBP OR No. 739281/BaguioBenguet/01-02-14 MCLE Compliance No. IV-90210/0422-13 Commission Serial No. 01-NC-11 (R)
Copy Furnished: ATTY. FERNANDO JOSE DEL CASTILLO Counsel for the Petitioner 361
45 Hotel, Leonard Wood Road, Baguio City
362
INFORMATIONS REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, 1002 -versus_____
NPS Docket No.: Crim. Case No. FOR ADULTERY
BRIGIDA B. BATAW and BRAULIO B. BAWANG, Accused. x-----------------------------------------x INFORMATION The undersigned accuses BRIGIDA B. BATAW and BRAULIO B. BAWANG of the crime of ADULTERY, committed as follows: That on or about February 14, 2014, prior to and subsequent thereto, and continuously up to the present time, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused BRIGIDA B. BATAW being then united in lawful wedlock with BERNARDO B. BATAW, wilfully, unlawfully, and feloniously lay with and have carnal knowledge with her co-accused BRAULIO B. BAWANG, who in turn, knowing that said BRIGIDA B. BATAW was a married woman, willfully, unlawfully and feloniously lay with and have carnal knowledge with her. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014. JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 363
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, 1003 -versus_____
NPS Docket No.: Crim. Case No. FOR
CONCUBINAGE CRISTIPULO C. CORTINA and CANDIDA C. CURACHA, Accused. x-----------------------------------------x INFORMATION The undersigned accuses CRISTIPULO C. CORTINA and CANDIDA C. CURACHA of the crime of CONCUBINAGE, committed as follows: That on or about February 14, 2014, and continuously up to the present time, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused CRISTIPULO C. CORTINA being then united in lawful wedlock with CRISANTA C. CORTINA, wilfully, unlawfully, and feloniously cohabit with CANDIDA C. CURACHA, a woman not his wife, living with her as husband and wife at 28 Queen of Peace, Baguio City, and the said CANDIDA C. CURACHA, knowing CRISTIPULO C. CORTINA to be married, unlawfully and feloniously cohabit with CRISTIPULO C. CORTINA, living with him as husband and wife at 28 Queen of Peace, Baguio City. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014. JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 364
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
NPS Docket No.: 1004 Crim. Case No. _____ FOR RECKLESS
IMPRUDENCE DESIDERIO D. DINATUTO, DAMAGE Accused. x-----------------------------------------x
RESULTING
IN
TO PROPERTY
INFORMATION The undersigned accuses DESIDERIO D. DINATUTO of the crime of RECKLESS IMPRUDENCE RESULTING IN DAMAGE TO PROPERTY, committed as follows: That on or about February 14, 2014, at about 10:00 PM, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there, while driving his Sarao jeepney with Plate No. AYD 567 under the influence of liquor and in a reckless and imprudent manner, bumped the said jeepney into the residential house of DELILAH D. DIMAANO situated at 72 Marcos Highway, Baguio City, thereby causing damage to the front wall of the said residential house to the damage and prejudice of its owner, DELILAH D. DIMAANO, in the amount of P 500,000.00. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 365
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, 1005 -versus_____
NPS Docket No.: Crim. Case No. FOR ESTAFA
ELEUTERIA E. ELEFANTE, Accused. x-----------------------------------------x INFORMATION The undersigned accuses ELEUTERIA E. ELEFANTE of the crime of ESTAFA, committed as follows: That on or about February 14, 2014, at about 5:00 PM, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused having received from ELISEO E. ESMERALDA a variety of jewelry valued at P 1,000,000.00 for the purpose of selling the same on commission, under the express obligation of holding the same in trust for ELISEO E. ESMERALDA and to remit the proceeds of the sale of the said goods, if sold, or to return the same in case of non-sale, within ten (10) days from receipt thereof, the said accused did then and there, wilfully, unlawfully, and feloniously, misappropriate and convert the said goods or their proceeds to her personal use and benefit to the damage and prejudice of ELISEO E. ESMERALDA in the amount of P 1,500,000.00. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 366
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
NPS Docket No.: 1006 Crim. Case No. _____ FOR ATTEMPTED
HOMICIDE FLORANTE F. FLEURDELIZ, Accused. x-----------------------------------------x INFORMATION The undersigned accuses FLORANTE F. FLEURDELIZ of the crime of ATTEMPTED HOMICIDE, committed as follows: That on or about February 14, 2014, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, armed with a jungle knife, and with evident intent to kill, did then and there willfully, unlawfully, and feloniously attack FERNANDO F. FLERIDA, with his said weapon, missing said FERNANDO F. FLERIDA by only a fraction of an inch, and would have continued his criminal act had not the said FERNANDO F. FLERIDA successfully resisted him with the help of some bystanders who responded to the cry for help. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13
367
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
NPS Docket No.: 1007 Crim. Case No. _____ FOR FRUSTRATED
HOMICIDE GERMINIO G. GORGONIO, Accused. x-----------------------------------------x INFORMATION The undersigned accuses GERMINIO G. GORGONIO of the crime of FRUSTRATED HOMICIDE, committed as follows: That on or about February 14, 2014, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, armed with a jungle knife, and with evident intent to kill, did then and there willfully, unlawfully, and feloniously assault, attack and wound one GREGORIO G. GATDULA inflicting mortal wounds in different parts of his body, which would have directly caused the death of said GREGORIO G. GATDULA, thus performing all acts of execution which would have produced the crime of homicide as a consequence, but nevertheless did not produce the same by reason of cause independent of his will, that is, because of the timely medical assistance rendered on the said wounds. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 REPUBLIC OF THE PHILIPPINES 368
FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
NPS Docket No.: 1008 Crim. Case No. _____ FOR LESS SERIOUS
PHYSICAL HERMINIGILDO H. HANDUSAY, Accused. x-----------------------------------------x
INJURIES
INFORMATION The undersigned accuses HERMINIGILDO H. HANDUSAY of the crime of LESS SERIOUS PHYSICAL INJURIES, committed as follows: That on or about February 14, 2014, at about 9:00 PM, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did there and then willfully, unlawfully and feloniously, and without justifiable cause therefor, attack, assault, and beat one HARRY H. HORTALEZA, punching and kicking him in different parts of his body, thereby inflicting on the latter wounds in different parts of his body, which have required and will require medical attention for a period of not less than ten (10) days but not more than (30) days, and have incapacitated and will incapacitate him from labor for the same period of time. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13
369
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, 1010 -versus_____
NPS Docket No.: Crim. Case No. FOR
MALVERSATION KINTERO K. KUNDOL, Accused. x-----------------------------------------x INFORMATION The undersigned accuses KINTERO K. KUNDOL of the crime of MALVERSATION, committed as follows: That on or about February 14, 2014, at about 5:00 PM, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, then being the Treasurer of the City of Baguio, did then and there wilfully, unlawfully, and feloniously, and with grave abuse of confidence, misappropriate, take, withdraw, and convert for his own personal use and benefit, the total amount of P 1,500,000.00 which are public funds belonging to the City of Baguio, to the damage and prejudice of the public interest. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 370
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, 1011 -versus_____
NPS Docket No.: Crim. Case No. FOR PARRICIDE
LIZARDO L. LABANOS, Accused. x-----------------------------------------x INFORMATION The undersigned accuses LIZARDO L. LABANOS of the crime of PARRICIDE, committed as follows: That on or about February 14, 2014, at about 10:00 AM, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, motivated by extreme jealously, and while armed with a .38 caliber pistol, did then wilfully, unlawfully, and feloniously, suddenly, unexpectedly, and treacherously fired several shots at LIBRADA L. LABANOS, his lawfully wedded wife, which caused the instantaneous death of his said wife while she was walking along Session Road with her friend, LARRY L. LUYA. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13
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REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, 1012 -versus_____
NPS Docket No.: Crim. Case No. FOR RAPE
MERCUDITO M. MUSTASA, Accused. x-----------------------------------------x INFORMATION The undersigned, upon sworn complaint filed by the offended party, copy of which is attached hereto, accuses MERCUDITO M. MUSTASA of the crime of RAPE, committed as follows: That on or about February 14, 2014, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, actuated by lust, did then and there wilfully, unlawfully, and feloniously, had carnal knowledge against her will and by means of force, violence, intimidation, and threats on the person of MELISSA M. MERCADO. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13
372
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, 1013 -versus_____
NPS Docket No.: Crim. Case No. FOR ROBBERY
NICASIO N. NAGOYO, Accused. x-----------------------------------------x INFORMATION The undersigned accuses NICASIO N. NAGOYO of the crime of ROBBERY, committed as follows: That on or about February 14, 2014, at about 11:00 PM, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did then and there, willfully, unlawfully, feloniously, with intent to gain and with intimidation upon the person of NATHANIEL N. NATANAEL by threatening him with a .38 caliber pistol, took and carry away the latter's SONY XPERIA Z mobile phone valued at P 30,000.00, Philippine Currency, to the to the damage and prejudice of the said NATHANIEL N. NATANAEL in the said amount. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13
373
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, 1014 -versus_____
NPS Docket No.: Crim. Case No. FOR SEDUCTION
PRIMITIVO P. PATOLA, Accused. x-----------------------------------------x INFORMATION The undersigned, upon sworn complaint filed by the offended party, copy of which is attached hereto, accuses PRIMITIVO P. PATOLA of the crime of SEDUCTION, committed as follows: That on or about February 14, 2014, at about 11:00 PM, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did then and there, willfully, unlawfully, feloniously, and by means of deceit, have sexual intercourse with PRECIOUS P. PASTILLES, an unmarried girl over twelve but under eighteen years of age. CONTRARY TO LAW. Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13
374
REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 7, Baguio City PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
NPS Docket No.: 1015 Crim. Case No. _____ FOR VIOLATION OF R.A.
9262 SUBAS S. SIBUYAS, Accused. x-----------------------------------------x INFORMATION The undersigned accuses SUBAS S. SIBUYAS of VIOLATION OF R.A. 9262 (ANTI VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT), committed as follows: That on or about February 14, 2014, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused did then and there, willfully, unlawfully, feloniously, and with intent to manipulate the conduct of his wife and children to beg money from him, commit acts of economic abuse against his wife, SILVANA S. SIBUYAS and their minor children, by refusing to give them any financial support, which is legally due them under the law, to their damage and prejudice. CONTRARY to Section 5 par. e(2) in relation to Sec 3 sub. par. d, of R.A. 9262 (Economic Abuse). Baguio City, Philippines, this 14th day of March 2014.
JUAN DE LA CRUZ JR. Assistant City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13 APPROVED: JEAN F. VALJEAN City Prosecutor Roll of Atty. No. 67548/05-18-10 MCLE Compliance No. IV-90210/04-22-13
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