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LEGAL FORMS

( FORMS 81-100)

SUBMITTED TO:

HON. JUDGE NORFERIO NONO


Professorial Lecturer

SUBMITTED BY:

JOSEPH D. DAJAY Student No. 2011-6-0023

FORM NO. 81 PETITION FOR CERTIORARI UNDER RULE 65

Republic of the Philippines COURT OF APPEALS Manila ALEXANDER BERMEJO Plaintiff - Appellee, -versusCA- GR SP. No. 658725 HON. PETER DE JESUS As Presiding Judge, RTC, Branch 55 Puerto Princesa City; RACHEL F. BUAG and REGISTER OF DEEDS OF PALAWAN Respondents x --------------------------------------x

PETITION FOR CERTIORARI


Petitioner, by counsel and to this Honorable Court, alleges: PREFATORY STATEMENT This is an action to set aside the order dated July 15, 2013 ( Annex A) issued by respondent Judge in Civil Case No. 55675, Branch 55, Puerto Princesa City, Palawan entitled Rachel Buag vs. Alexander Bermejo, ordering the cancellation of petitioners TCT No. 4576 of the Registry of Deeds of Puerto Princesa City, covering a parcel of land and residential house therein built situated in Puerto Princesa City, and directing the Register of Deeds of Puerto Princesa City to issue new TCT in favor and in the name of Rachel Buag, as well as the order of _____ (Annex B), which denied petitioners motion for reconsideration of said earlier order, on the ground that said questioned order is null and void, for lack of urisdiction in issuing said order. The instant petition also seeks the issuance of temporary restraining order and /or temporary preliminary injunction to enjoin the implementation of said questioned order during the pendency of the action.

THE PARTIES

1. Petioner is of legal age and with residence at Puerto Princesa City, He is the defendant in said Civil Case No. 05527, Branch 55, Puerto Princesa City. 2. Respondent Rachel Buag is of legal age and with residence at Bgy. San Pedro, Puerto Princesa City, Where she may be srved with legal processes. He is the plaintiff in said Civil Case No. 05527. 3. Respondent Peter De Jesus is of legal age and is the Presiding Judge of Branch 55, RTC, Puerto Princesa City, who issued the questioned orders and is sued in his official capacity as such. He may be served with legal processes at said Branch 55, RTC, Puerto Princesa City. 4. Respondent Register of Deeds of Puerto Princesa City of legal ageand is being sued Ihis official capacity as such, who may be served with legal processes at his office in Puerto Princesa City, Palawan.

TIMELINESS OF PETITION On July 15, 2013, respondent Judge issued an order, cancelling petitioners TCT No. 4576 and directing the Register of Deeds of Puerto Princesa City to issue new title in favor and in the name of private respondent. Petitioner received copy of said order on July 25, 2013, and certified true copy of which is attached hereto as Annex A. On August 14, 2013, or 5 days from receipt of said order Annex A, petitioner filed a motion for reconsideration of said order. On August 26, 2013, the trial court denied said motion for reconsideration, and copy thereof was served petitioner on September 2, 2013. Certified true copy of said order of denial is attached hereto as Annex B. The instant petition is filed with the Court of Appeals within 60days from receipt of said order Annex B.

STATEMENT OF FACTS AND PROCEEDINGS (Narrate, in chronological order, the proceeding and facts that led to the issuance of the questioned orders Annexes A and B and attach ordinary copies of processes and pleadings filed before said Annex B, marking them as Annex C, etc. )

STATEMENT OF THE ISSUES The issues of law raised are: 1. Whether or not the respondent Judge or trial court has acted with grave abuse of discretion amounting to lack of jurisdiction or without jurisdiction, in issuing the questioned orders Annexes A and B. 2. Whether or not petitioner is entitled to writs prayed for including a writ of preliminary injunction to enjoin execution of said questioned orders.
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GROUNDS RELIED UPON FOR ALLOWANCE OF WRITS PRAYED FOR 1. The respondent Judge ortrialcourt acted with grave abuse of discretion amounting to lack of jurisction and/or without jurisdiction in issuing the questioned orders. 2. There is neither appeal, nor any plain and speedy remedy in the ordinary course of law other that the instant petition. 3. Petitioner is entitled to the issuance of a temporary rstraining order to restrain the enforcement of the questioned orders. 4. Petitioner is entitled to the award of damages and attorneys fees.

DISCUSSION

Discuss Ground No. 1 Cite and quote Sec. 75 of the Land Registration Decree and Padilla, Jr. v. Producers Cooperative Marketing Assn., G.R. No. 141256, July 15, 2005 , in which the Supreme Court ruled that in involuntary registration of deed and in case the judgment debtor refuses to deliver his owners duplicate certificate of title, an entirely different and separate action has to be filed in the RTC, acting as a cadastral or land registration court, for the issuance of an order cancelling the judgment debtor as the purchaser of the land in the auction sale to satisfy the judgment creditior as the purchaser of the land in the auction sale to satisfy the judgment for a sum of money the latter order being null and void. Discuss Ground No. 2 Discuss Ground No. 3, and enumerate the grounds for issuance of writ of preliminary injunction, including petitioners willingness to post a bond I such amount as the Court may fix. Discuss Ground No. 4 WHEREFORE, petitioner prays for judgment: 1. Upon the filing of the petition, TRO be issued, enjoining the respondents from the executing the questioned orders Annexes A and B, and thereafter, after hearing, the same be converted into a writ of preliminary injunction, upon such bond as the Honorable Court may fix; 2. The petition be given due course;

3. After proceedings, setting aside and nullifying the questioned orders Annexes A and B; 4. Making any writ of injunction that may have been issued permanent. 5. Ordering private respondent to pay petitioner P 250,000.00 as damages and P150,000.00 as attorneys fees.

Petitioner prays for such other reliefs as may be just and equitable in the premises. Puerto Princesa City August 25, 2013.

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, ALEXANDER BERMEJO, of legal age and with residence at Lagan St. Puerto Princesa City, after having been duly sworn, depose and say: 1. That I am the plaintiff in the above entitled complaint. 2. That I have caused the preparation by my counsel of said complaint. 3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records. 4. That I have not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; and if I should thereafter learn that the same or similar action or aclim has been filed or is pending to the court wherein the aforesaid complaint or initiatory pleading has been filed. Witness my hand this 25th day of August 2013 at Puerto Princesa City, Palawan.

ALEXANDER BERMEJO Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 25th day of August 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. 31 ; Page No. 46 ; Book No. XXI; Series of 2013;

FORM NO. 82 COMPLAINT FOR ANNULMENT OF JUDGMENT OF DEFAULT,IF PERIOD TO FILE PETITION FROM RELIEF THEREFROM HAS EXPIRED

Republic of the Philippines COURT OF APPEALS Manila MAMERTO VELAYO Plaintiff - Appellee, -versusCA- GR. No. 658725 PETER DE JESUS Respondent x --------------------------------------x

PETITION FOR ANNULMENT OF JUDGMENT PETITIONER, by counsel and to this Honorable Court, respectfully alleges: Petitioner is of legal age and with residence _____, while respondent is also of legal age with residence at ____________. 1. On ___________, an adverse judgment was rendered against him in Civil case No. _____, for a sum of money based on a promissory alleged executed by petitioner in favor of respondent. Certified true copy of said judgment is attached hereto as Annex A. 2. Petioner learned of said judgment against him only after two (2) years from the date thereof, precluding him to file ordinary remedies of new trial, petition for relief from judgment or any other appropriate remedy.
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3. Investigations shows that afet petitioner referred the summons to his counsel, Atty. _____, the latter moved for the extension of time to file the answer, whichwas grnted by the trial court. However, since then Atty. _____ did not do anything anymore, as he migrated to the United States without informing petitioner, without withdrawing from the case as counsel and without giving notice of withdrawal from the case, by reason of which an adverse judgment was rendered. 4. Petitioner has good and valid defenses to defeat respondents claims, on the ground that he did no execute the promissory note, upon which the complaint was based, the same being a forgery; and while he owned respondent the amount claimed in the complaint, he already paid him such amount, thru his authorized collector who presented to petitioner a power of attorney is attached hereto as Annex B. 5. Petitioner was prevented, by the extrinsic frauds, from having his day in court and in violation of his right to due process 6. Petitioner attaches herewith the following, in support of this action:

Affidavit attesting to the extrinsic frauds committed and to the good and valid defenses which petitioner has to repel and defeat respondents claims, which is attached hereto as Annex C; and Another affidavit of ______, attesting to the fact that Atty. ____ migrated to the United States on or about _______,after he filed the motion for extension of time to file answer, and since then nothing was heard from him concerning said case, as executed by his former secretary, Ms. _____. WHEREFORE, petitioner prays that judgment be rendered annulling the trial courts decision Annex A hereof, and for such other reliefs as may be just and equitable in the premises. Puerto Princesa City, October 24, 2013

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, ALEXANDER BERMEJO, of legal age and with residence at Lagan St. Puerto Princesa City, after having been duly sworn, depose and say: 1. That I am the plaintiff in the above entitled complaint.
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2. That I have caused the preparation by my counsel of said complaint. 3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records. 4. That I have not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; and if I should thereafter learn that the same or similar action or aclim has been filed or is pending to the court wherein the aforesaid complaint or initiatory pleading has been filed. Witness my hand this 25th day of August 2013 at Puerto Princesa City, Palawan.

ALEXANDER BERMEJO Affiant


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 25th day of August 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. 31 ; Page No. 46 ; Book No. XXI; Series of 2013;

FORM NO. 83 AMENDMENT AS A MATTER OF RIGHT Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES Puerto Princesa City, Palawan ALEX BERMEJO Plaintiff, -versusCivil case No. 5524 Collection for a Sum of Money

ROEL PONCE DE LEON


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Defendant x --------------------------------------x The form should take into account the following: A party may amend his pleading once as matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time within ten (10) days after it is served. The amendment is done by submitting an entirely new pleading (i.e., complaint) adding or striking out an allegation or allegation or the name of any party, or correcting any mistake in the name of any party or any mistake or inadequate allegation or description in other respect, including the addition of new cause or causes of action or the incorporation of documents, occurring before the filing of the pleading; and indicating in the new pleading by appropriate marks, such as under lining the added or corrected portions.. Xxxxxx Puerto Princesa City, December 12, 2013

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

FORM NO.84 MOTION FOR LEAVE TO AMEND PLEADING Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES Puerto Princesa City, Palawan ALEX BERMEJO Plaintiff, -versusCivil case No. 5524 Collection for a Sum of Money

ROEL PONCE DE LEON Defendant x --------------------------------------x

MOTION FOR LEAVE TO FILE AMENDED COMPLAINT PLAINTIFF, by counsel and to this Honorable Court respectfully moves for leave to file an amended complaint, by alleging facts more clearly and specifying the facts in a more methodical manner, upon which certain conclusion are made. The amended complaint showing the amendments by underlining them or indicating by appropriate way what have been deleted therefrom, is attached hereto as Annex A. WHEREFORE, plaintiff prays that he be given the leave of court to file an amended complaint which is attached herewith, and that the same be admitted. Plaintiff prays for such other reliefs as may be just and equitable in the premises. Puerto Princesa City, December 12, 2013.

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587 NOTICE OF HEARING Atty. Juan S. Magbanua Counsel for the defendant Bgy. San Pedro, Puerto Princesa City Sir: Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff Bgy. Sta. Monica. Puerto Princesa City AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows:
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Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23rd day of October 2013 IN WITNESS WHEREOF, I have signed this affidavit this 24th day of October 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24th day of October 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 85 - MOTION TO EFFECT FORMAL AMENDMENTS A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court of the action, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party. A clerical error is one that is visible to the naked eye or obvious to the understanding, or one made in copying or writing. A misspelled word is clerical error. Amending clerical errors will not prejudice the adverse party who cannot, in any event, profit therefrom.

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FORM NO. 86 AMENDMENT TO CONFORM TO ISSUES TRIED. Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

FOR: ROEL PONCE DE LEON Defendant x --------------------------------------x

DAMAGES

The form should conform to the following requirements: When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendments of the pleadings as may be necessary to cause them to confer to the evidence and to raise these issues may be made up motion upon any party at any time, even after judgment; but failure to amend does not affect the result of the trial of these issues. If evidence is objected to the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant may grant a continuance to enable the amendment to be made.

FORM NO. 87. MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADINGS

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Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

RECISSION OF LEASE CONTRACT ROEL PONCE DE LEON Defendant x --------------------------------------x MOTION FOR LEAVE TO SERVE SUPPLEMENTAL PLEADINGS PLAINTIFF. by counsel and to this Honorable Court, alleges: 1. Plaintiff filed on ______, 2013 an action for rescission of Lease Contract, publiciana and recovery of back rental. 2. On _________, 2012, of after the filing of said action, the house which was the subject of the lease sought to be rescinded was burned thru the gross negligence of defendant, causing plaintiff damages consisting of the value of said house. 3. As the destruction of the house was an event which occurred after the filing of the action, there is need for plaintiff to file a supplemental complaint to include his claim for the value of the house, as part of the rentals sought in said action 4. The proposed supplemental pleading complaint as attached hereto as Annex A.

WHEREFORE, plaintiff prays that the attached supplemental complaint be admitted, upon payment of filing fees due thereon, and the Honorable Court issue a summon, requiring him to plead thereto. Puerto Princesa City, December 1, 2013

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587 NOTICE OF HEARING
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Atty. Juan S. Magbanua Counsel for the defendant Bgy. San Pedro, Puerto Princesa City Sir: Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff Bgy. Sta. Monica. Puerto Princesa City AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows: Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23rd day of October 2013 IN WITNESS WHEREOF, I have signed this affidavit this 24th day of October 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24th day of October 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______;
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Book No. ______; Series of 2013;

FORM NO. 88 SUPPLEMENTAL COMPLAINT

Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

RECISSION OF LEASE CONTRACT ROEL PONCE DE LEON Defendant x --------------------------------------x SUPPLEMENTAL COMPLAINT PLAINTIFF. by counsel and to this Honorable Court, alleges: 1. Plaintiff filed on ______, 2013 an action for rescission of Lease Contract, publiciana and recovery of back rental. 2. On _________, 2012, of after the filing of said action, the house which was the subject of the lease sought to be rescinded was burned thru the gross negligence of defendant, causing plaintiff damages consisting of the value of said house, said gross negligence consisting, among others,of the following: 3. Defendant installed kerosene burner inside the house for cooking purposes, side by side his wooden stove, also inside the house. 4. Defendant poured kerosene in the burner and spilled kerosene, and since the fire in the wooden stove was not put off, fire engulfed the place and gutted the house completely 5. The value of the house was approximately P 500,000.00 which should be assessed against defendant, being the result of defendants gross negligence 6. After the house was burned, defendant and his family left the leased premises, without the knowledge of plaintiff.

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WHEREFORE, plaintiff respectfully prays that the defendant be held liable and be ordered to pay plaintiff (1) back rentals from ____ to ____, or a total of P 500,000,00 representing the value of the leased house, with 12% interest on both amounts; and (3) attorneys fees and expenses of litigation of P 250,000.00 Plaintiff further prays for such other reliefs as may be just and equitable in the premises. Puerto Princesa City, December 1, 2013.;

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, ALEXANDER BERMEJO, of legal age and with residence at Lagan St. Puerto Princesa City, after having been duly sworn, depose and say: 1. That I am the plaintiff in the above entitled complaint. 2. That I have caused the preparation by my counsel of said complaint. 3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records. 4. That I have not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; and if I should thereafter learn that the same or similar action or aclim has been filed or is pending to the court wherein the aforesaid complaint or initiatory pleading has been filed. Witness my hand this 25th day of August 2013 at Puerto Princesa City, Palawan.

ALEXANDER BERMEJO Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24th day of October 2013.
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Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 89 MOTION FOR BILL OF PARTICULARS:

Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

FOR: DAMAGES ROEL PONCE DE LEON Defendant x --------------------------------------x MOTION FOR BILL OF PARTICULARS Defendant, by counsel and to this Honorable Court, respectfully states: 1. The complaint alleges that defendant public official, together with herein defendant movant, acting singly or collectively, and or in unlawful concert with one another, in flagrante breach of public trust and of sheer fiduciary obligations as public officers with gross and scandalous abuse of right and power and in brazen violation of the Constitution and laws of the Philippines, embarked upon a systematic plan to accumulate ill-gotten wealth. 2. The foregoing allegations are conclusions of law, which plaintiff should clarify and flesh them with facts and specific acts to enable defendant-movant to prepare
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and file a responsive answer thereto which requires information as to precise nature, character, scope and extent of plaintiffs cause of action.

WHEREFORE, defendant prays that plaintiff be ordered to file a bill of particulars of the facts and acts constituting the conclusions alleged in the complaint.

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

NOTICE OF HEARING Atty. Juan S. Magbanua Counsel for the defendant Bgy. San Pedro, Puerto Princesa City Sir: Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff Bgy. Sta. Monica. Puerto Princesa City

AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows: Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23rd day of October 2013

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IN WITNESS WHEREOF, I have signed this affidavit this 24th day of October 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24th day of October 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

Copy furnished:
Atty. Fely Q. Baladad Counsel for plaintiff Bgy. San Pedro, PPcity

FORM NO. 90 COMPLIANCE WITH ORDER REQUIRING BILL OF PARTICULARS

Republic of the Philippines REGIONAL TRIAL COURT Branch 47


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Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

FOR: DAMAGES ROEL PONCE DE LEON Defendant x --------------------------------------x COMPLIANCE

Plaintiff, complying with the order directing him to file a Bill of Particulars, hereby files an amended complaint, the requested facts or acts for, being shown by the underlined portions of the enclosed amended complaint. Puerto Princesa City, December 1, 2013

ATTY. FELY Q. BALADAD Counsel for the plaintiff Brgy. San Pedro, Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows: Atty. Arnel Belarmino, counsel for the Defendant, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23rd day of October 2013 IN WITNESS WHEREOF, I have signed this affidavit this 24th day of December 1 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant
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SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 2nd day of December 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 91 NOTICE OF LIS PENDENS:

The Register of Deeds City of Puerto Princesa RE: NOTICE OF LIS PENDENS Sir: Please register a notice of lis pendens of Civil Case No. 45457 on TCT No. 46468 of the Registry of Deeds for City of Puerto Princesa, covering a parcel of land which is involved in Civil Case No. 45457 filed with the Regional Trial Court of Puerto Princesa City and Palawan, Branch No. 47, of the following parties: Jose Pedro and Juan dela Cruz, as plaintiff and defendants in said Civil Case No. 45457. In this case, plaintiff/petitioner is claiming ownership of the land which was registered by defendant in his name, although the parcel of land belongs to plaintiff. The land involved and covered by TCT No. 46468 is described as follows: ( Copy technical Description of land provided in the Title) True copy of the compliant in Civil Case No. 45457 is enclosed herewith, as part and parcel of this Notice of Lis Pendens. The address of the person seeking registration of this lis pendens is, 335 Malvar St. Puerto Princesa City, Palawan Puerto Princesa City, December 1. 2013

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ATTY. FELY Q. BALADAD Counsel for the plaintiff Brgy. San Pedro, Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587 Copy furnished: Atty. Arnel Belarmino Counsel for the Defendant Puerto Princesa Ciity

AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows: Atty. Arnel Belarmino, counsel for the Defendant, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23 rd day of October 2013 IN WITNESS WHEREOF, I have signed this affidavit this 24th day of December 1 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 2nd day of December 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD Notary Public Until December 31, 2014 Doc. No. ______;
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Page No. ______; Book No. ______; Series of 2013;

FORM NO. 92 CONSULTA

The Commissioner Land Registration Authority RE: CONSULTA Sir: On behalf of my client, Juan dela Cruz, who sought registration of lis pendens, of Civil Case No. 45457, RTC, Branch 47 of Puerto Princesa City, as plaintiff in said case, seeking recovery of one-half of the parcel of land involved in said case, and whose request for registration of lis pendens was denied by the Register of Deed, in an order dated October 24, 2013, copy of which was received on October 29, 2013,and at which is attached hereto as Annex A, he undersigned counsel seeks reversal of the denial of the register of Deeds on the following grounds: ( Enumerate the grounds) Before discussing the forgoing grounds, a narration of the factual background is in order. Re-state the background DISCUSSION (Discuss the Grounds) WHEREFORE, it is respectfully prayed as follows: The Register of Deeds of Puerto Princesa City be required to elevate all the records of the case to the Honorable Commissioner of Land Registration Authority; After hearing and proper proceedings, the order of denial of registration of lis pendens be set aside and the Register of Deeds be required to register the lis pendens. The undersigned further prays for such other reliefs as maybe just and equitable in the premises. Puerto Princesa City, November 3, 2013.

ATTY. FELY Q. BALADAD Counsel for the plaintiff


23

Brgy. San Pedro, Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587 Copy furnished: 1.The Register of Deeds of Puerto Princesa 2. Atty. Arnel Belarmino Counsel for the Defendant Puerto Princesa City

AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Fely Q. Baladad, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Service of consulta filed in said case, as follows: Atty. Arnel Belarmino, counsel for the Defendant, by personal service by delivering personally copy of said Service of Consulta upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23rd day of October 2013 IN WITNESS WHEREOF, I have signed this affidavit this 4th day of November 1 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD Notary Public Until December 31, 2014


24

Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 93 PETITION FOR REVIEW OF LAND REGISTRATION AUTHORITY RULING Republic of the Philippines COURT OF APPEALS Manila ALEX M. BERMEJO Plaintiff - Appellant, -versusPETER DE JESUS Administrator of Land Registration Authority Defendant - Appelle x --------------------------------------x PETITION FOR REVIEW PETITIONER, by counsel and to this Honorable Court, respectfully alleges: NATURE OF PETITION This is a petition for review pursuant to Rule 43 of the Rules of Court, to nullify and set aside the decision rendered by the Land Registration Authority in LRA Case No. 434343 entitled Alex M. Bermejo Vs. Antonio De Jesus As the questioned decision and resolution are executory, unless restrained, petitioner also moves for a writ of preliminary injunction to stay their execution during the pendency of the case. THE PARTIES Petitioner is of legal age and with residence at Puerto Princesa City, He is the plaintiff in said Civil Case No. 05527, Branch 55, Puerto Princesa City. CA- GR CV No. 658725

Respondent Peter De Jesus is of legal age and is the Administrator of the Land Registration Authority (LRA), who issued the questioned orders and is sued in his official capacity as such. He may be served with legal processes at his office in Manila. .

25

TIMELINESS OF PETITION On July 15, 2013, respondent Administrator issued an order, cancelling petitioners TCT No. 4576 and directing the Register of Deeds of Puerto Princesa City to issue new title in favor and in the name of private respondent. Petitioner received copy of said order on July 25, 2013, and certified true copy of which is attached hereto as Annex A. On August 14, 2013, or 5 days from receipt of said order Annex A, petitioner filed a motion for reconsideration of said order. On August 26, 2013, the trial court denied said motion for reconsideration, and copy thereof was served petitioner on September 2, 2013. Certified true copy of said order of denial is attached hereto as Annex B. The instant petition is filed with the Court of Appeals within 60days from receipt of said order Annex B.

STATEMENT OF FACTS AND PROCEEDINGS (Narrate, in chronological order, the proceeding and facts that led to the issuance of the questioned orders Annexes A and B and attach ordinary copies of processes and pleadings filed before said Annex B, marking them as Annex C, etc. )

STATEMENT OF THE ISSUES The issues of law raised are: 3. Whether or not the respondent Adminstrator has acted with grave abuse of discretion amounting to lack of jurisdiction or without jurisdiction, in issuing the questioned orders Annexes A and B. 4. Whether or not petitioner is entitled to writs prayed for including a writ of preliminary injunction to enjoin execution of said questioned orders.

GROUNDS RELIED UPON FOR ALLOWANCE OF WRITS PRAYED FOR 5. The respondent Administrator acted with grave abuse of discretion amounting to lack of jurisdiction and/or without jurisdiction in issuing the questioned orders. 6. There is neither appeal, nor any plain and speedy remedy in the ordinary course of law other that the instant petition. 7. Petitioner is entitled to the issuance of a temporary restraining order to restrain the enforcement of the questioned orders. 8. Petitioner is entitled to the award of damages and attorneys fees.
26

DISCUSSION

Discuss Ground No. 1 Cite and quote Sec. 75 of the Land Registration Decree and Padilla, Jr. v. Producers Cooperative Marketing Assn., G.R. No. 141256, July 15, 2005 , in which the Supreme Court ruled that in involuntary registration of deed and in case the judgment debtor refuses to deliver his owners duplicate certificate of title, an entirely different and separate action has to be filed in the RTC, acting as a cadastral or land registration court, for the issuance of an order cancelling the judgment debtor as the purchaser of the land in the auction sale to satisfy the judgment creditior as the purchaser of the land in the auction sale to satisfy the judgment for a sum of money the latter order being null and void. Discuss Ground No. 2 Discuss Ground No. 3, and enumerate the grounds for issuance of writ of preliminary injunction, including petitioners willingness to post a bond I such amount as the Court may fix. Discuss Ground No. 4 WHEREFORE, petitioner prays for judgment: 6. Upon the filing of the petition, TRO be issued, enjoining the respondents from the executing the questioned orders Annexes A and B, and thereafter, after hearing, the same be converted into a writ of preliminary injunction, upon such bond as the Honorable Court may fix; 7. The petition be given due course; 8. After proceedings, setting aside and nullifying the questioned orders Annexes A and B; 9. Making any writ of injunction that may have been issued permanent. 10. Ordering private respondent to pay petitioner P 250,000.00 as damages and P150,000.00 as attorneys fees.

Petitioner prays for such other reliefs as may be just and equitable in the premises. Puerto Princesa City August 25, 2013.

ATTY. ARNEL S. BELARMINO Counsel for the Defendant


27

Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, ALEXANDER BERMEJO, of legal age and with residence at Lagan St. Puerto Princesa City, after having been duly sworn, depose and say: 5. That I am the plaintiff in the above entitled complaint. 6. That I have caused the preparation by my counsel of said complaint. 7. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records. 8. That I have not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; and if I should thereafter learn that the same or similar action or aclim has been filed or is pending to the court wherein the aforesaid complaint or initiatory pleading has been filed. Witness my hand this 25th day of August 2013 at Puerto Princesa City, Palawan.

ALEXANDER BERMEJO Affiant


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 25th day of August 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. 31 ; Page No. 46 ; Book No. XXI; Series of 2013;

28

FORM NO. 94 MOTION TO CANCEL LIS PENDENS Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

FOR: DAMAGES ROEL PONCE DE LEON Defendant x--------------------------------------x MOTION TO CANCEL LIS PENDENS Plaintiff, by counsel and to this Honorable Court, respectfully states: 1. Defendant caused the annotation or registration of a notice of lis pendens on the subject matter of the instant suit, 2. 2. Defendant caused the recording of the lis pendens for the purpose of molesting plaintiff, and the recordal thereof is not necessary to protect his rights to the property, his right thereto, if any, is only indirect and contingent.

3. The recordal of the lis pendens is prejudicial to plaintiffs interest to the property because, being the owner of said property, it is burden and it restricts its transferability by sale, as no one will buy it during the pendency of the case and for as long as the lis pendens is not canceled.

WHEREFORE, plaintiff respectfully prays that the notice of lis pendens be ordered cancelled. City of Puerto Princesa, December 2, 2013

ATTY. FELY Q. BALADAD Counsel for the plaintiff Brgy. San Pedro, Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan,
29

PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

NOTICE OF HEARING Atty. Juan S. Magbanua Counsel for the defendant Bgy. San Pedro, Puerto Princesa City Sir: Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. FELY Q. BALADAD Counsel for the Plaintiff Bgy. Sta. Monica. Puerto Princesa City

AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Fely Q. Baladad, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows: Atty. Arnel Belarmino, counsel for the Defendant, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23 rd day of October 2013 IN WITNESS WHEREOF, I have signed this affidavit this 4th day of November 1 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument
30

ATTY. FELY Q. BALADAD Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

Form no. 95 NOTICE OF ADVERSE CLAIM The Register of Deeds City of Puerto Princesa Notice of Adverse Claim On TCT No. 45458 Registry of Deeds of Puerto Princesa City Sir: The undersigned hereby files this adverse claim of undersignedon the property covered by TCT No. 45457 of the Registry o Deeds of Puerto Princesa City, and hereby states as follows: The TCT No. 45457 covers a parcel of land which has the following technical description: (Copy description from the Title)

The undersigned bought land from Baja Melissa Osia but since the undersigned was a minor at the time of the purchase, he requested Mr. Antonio De Jesus, his uncle to register the same in his name for the undersigneds benefit and to be held in trust for the undersigned, and his uncle agreed and so the land was registered in his name. The undersigned is the real and actual owner of said property, and not the registered owner thereof, and to protect his interest thereto as actual owner, this adverse claim is being registered on said TCT, to warn any third person from buying the same. Claimant address is, 335 Malvar Street, Puerto Princesa City. City of Puerto Princesa, December 13, 2013

31

JULLANA REIGN NARCISO Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

Copy furnished: 1.Antonio De Jesus

AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Fely Q. Baladad, Counsel for the defendant, and that such messenger I served upon the person of adverse party and other parties, the Notice of Adverse Claim. Antonio de Jesus, by personal service by delivering personally copy of said Adverse Claim who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 5th day of November 2013 IN WITNESS WHEREOF, I have signed this affidavit this 4th day of November 1 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant

32

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 96 PETITION TO CANCEL ADVERSE CLAIM Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

FOR: DAMAGES ROEL PONCE DE LEON Defendant x--------------------------------------x PETITON TO CANCEL ADVERSE CLAIM

33

PETITIONER, by counsel and to this Honorable Court, alleges: 1. Petitioner is of legal age and with residence at Puerto Princesa City, Palawan, Philippines, while respondent is also of legal age and with residence at Brgy. Tagumpay, Narra, Palawan, where he may be served with summons and other legal processes. 2. Petitioner is the absolute owner of a parcel of land situated in Narra , Palawan with an area of 500 sq.m., with a residential house therein built and covered with TCT No. 45457 of the Registry of Deeds for Narra Palawan, which is more particularly described as follows: (Copy technical description from the title) Which has a current vale, along with the residential house, of about P 3,500.000.00. 3. On October 20, 2013, respondent registered a notice of adverse claim on said TCT No. 45457, alleging I the affidavit of adverse claim that he bought the land from a certain Juan Dela cruz, with residence at Puerto Princesa City for P150,000.00, and saying that he could not secure a new title because the seller lost his owners dupicae certificate of title, covering said TCT No. 45457. 4. The adverse claim is spurious and the alleged seller is a fake, as investigation revealed that there was no such person named Juan dela Cruz at the given address indicated in the adverse claim; that the plaintiffs owners duplicate certificate is intact and is not lost, as it is in plaintiffs possession; and that the selling price of P150,000.000 was way below the actual value f the land.

5. The registration of the said adverse claim is intended to harass plaintiff and to unreasonably burden the land in question, and done in bad faith, which caused plaintiff damages of P500,000.000 plus attorneys fees of P 100,000.00, which should be assed against defendant. WHEREFORE, plaintiff prays that the notice of adverse claim in TCT 45457 be ordered cancelled and declared null and void, and that respondent be ordered to pay plaintiff the amount of P600,000.00 as damages. City of Puerto Princesa, December 12, 2013.

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

VERIFICATION
34

I, ALEXANDER BERMEJO, of legal age and with residence at Lagan St. Puerto Princesa City, after having been duly sworn, depose and say: 1. That I am the plaintiff in the above entitled complaint. 2. That I have caused the preparation by my counsel of said complaint. 3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records. Witness my hand this 23rd day of October 2013 at Puerto Princesa City, Palawan.

ALEXANDER BERMEJO Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24th day of October 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. 31 ; Page No. 46 ; Book No. XXI; Series of 2013;

NOTICE OF HEARING Atty. Juan S. Magbanua Counsel for the defendant Bgy. San Pedro, Puerto Princesa City Sir: Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff


35

Bgy. Sta. Monica. Puerto Princesa City AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Fely Q. Baladad, Counsel for the defendant, and that such messenger I served upon the person of adverse party and other parties, the Notice of Adverse Claim. Antonio de Jesus, by personal service by delivering personally copy of said Adverse Claim who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 5th day of November 2013 IN WITNESS WHEREOF, I have signed this affidavit this 4th day of November 1 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 97 AFFIDAVIT IN SUPPORT OF FACTS ALLEGED IN MOTION

Republic of the Philippines City of Puerto Princesa ) s.s.

36

AFFIDAVIT

I, JOSEPH D. DAJAY, of legal age and with residence at Brgy. Sta Monica, Puerto Princesa City, having been duly sworn, depose and say: That I, Joseph D. Dajay, married and of legal age, currently working as an analyst at the Palawan Diagnostic Laboratory, Puerto Princesa City, Palawan. That I personally know that the person named herein in the complaint and the person whom I personally know are one and the same person. That he is my classmate in High school, and a friend of mine. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 98 NOTICE OF HEARING, WHICH REQUIRES THAT IT BE SET FOR HEARING NOT LATER THAN 10 DAYS AFTER THE FILING OF THE MOTION AND AT LEAST THREE DAYS BEFORE DATE OF HEARING, TO GIVE THE OTHER PARTY TO OBJECT, IF SO DESIRES. NOTICE IS ADDRESSED ADVERSE COUNSEL NOTICE OF HEARING Atty. Juan S. Magbanua Counsel for the defendant Bgy. San Pedro, Puerto Princesa City Sir:
37

Please be informed that the undersigned counsel has set the Motion for Bill of particulars on December 23, 2013 at 8:30 AM for hearing or soon thereafter as the parties may be heard and depending upon the calendar of the Court

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP Roll No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2013, MCLE Compliance Cert. No. 66587

AFFIDAVIT OF PERSONAL SERVICE I, TOTOY BIBO, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel Belarmino, Counsel for the defendant, and that such messenger I served upon the person of adverse party and other parties, the Notice of Hearing Antonio de Jesus, by personal service by delivering personally copy of said Notice who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 5th day of November 2013 IN WITNESS WHEREOF, I have signed this affidavit this 4th day of November 1 2013 at Puerto Princesa City. TOTOY B. BIBO Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. FELY Q. BALADAD Notary Public Until December 31, 2014

38

FORM NO. 99- MOTION FOR LEAVE TO FILE AMENDED PLEADING Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

FOR: DAMAGES ROEL PONCE DE LEON Defendant x--------------------------------------x MOTION FOR LEAVE TO FILE AMENDED COMPLAINT PLAINTIFF, by counsel and to this Honorable Court respectfully moves for leave to file an amended complaint, by alleging facts more clearly and specifying the facts in a more methodical manner, upon showing the amendments by underlining them or indicating by appropriate way what have been deleted therefrom, is attached hereto as Annex A. WHEREFORE, plaintiff prays that he be given leave of court to file an amended complaint, which is attached herewith, and that the same be admitted. Plaintiff prays for such other reliefs as may be just and equitable in the premises. ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP Roll No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2013, MCLE Compliance Cert. No. 66587

AFFIDAVIT OF PERSONAL SERVICE I, TOTOY BIBO, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel Belarmino, Counsel for the defendant, and that such messenger I served upon the person of adverse party and other parties, the Notice of Hearing

39

Antonio de Jesus, by personal service by delivering personally copy of said Notice who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 5th day of November 2013 IN WITNESS WHEREOF, I have signed this affidavit this 4th day of November 1 2013 at Puerto Princesa City. TOTOY B. BIBO Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 100 OMNIBUS MOTION Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

FOR: DAMAGES ROEL PONCE DE LEON Defendant x--------------------------------------x

40

MOTION TO DISMISS DEFENDANT, by counsel and to this Honorable Court respectfully moves to dismiss the complaint on the following grounds: 1. ( Enumerate all defenses known and available at the time, otherwise such defenses may be waived, except: 1.) Lack of jurisdiction over the subject matter; 2.) pendency of another action between the same parties for the same cause (Litis Pendencia); 3.) Bar by prior judgment (Res Judicata); 4.) Prescription or bar by statute of limitations).

City of Puerto Princesa, December 12, 2013.

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP Roll No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2013, MCLE Compliance Cert. No. 66587

NOTICE OF HEARING Atty. Juan S. Magbanua Counsel for the defendant Bgy. San Pedro, Puerto Princesa City Sir: Please be informed that the undersigned counsel has set the Motion to Dismiss on December 23, 2013 at 8:30 AM for hearing or soon thereafter as the parties may be heard and depending upon the calendar of the Court

AFFIDAVIT OF PERSONAL SERVICE I, TOTOY BIBO, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel Belarmino, Counsel for the defendant, and that such messenger I served upon the person of adverse party and other parties, the Notice of Hearing Antonio de Jesus, by personal service by delivering personally copy of said Notice who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 5th day of November 2013
41

IN WITNESS WHEREOF, I have signed this affidavit this 4th day of November 1 2013 at Puerto Princesa City. TOTOY B. BIBO Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 3rd day of November 2013. Affiant personally came and appeared with Drivers License ID No. D11-125477 issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 111 - SPECIAL POWER OF ATTORNEY FOR PRE TRIAL PURSPOSES SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THIS PRESENT
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That I, JOSEPH D. DAJAY, of legal age, and am the plaintiff in the case entitled Dajay vs. Austria, et al, Civil Case No. 12345 pending before RTC-Branch No. 47, have constituted and appointed my lawyer Atty. Arnel Venturillo as my true and lawful attorney -in-fact, for me and my stead, in connection with the pre trial and trial of said case, to do and perform any and all of the following acts and deeds: a) To agree to an amicable settlement of the case or to submission to alternaive modes of dispute resolution of said case, under such terms and condition as my attorney-in-fact may deem proper; b) To simply the issue of the case; c) To amend the pleadings, which my attorney-in-fact may deem proper; d) To stipulated or admit certain facts or documents e) To limit the number of witnesses; f) To agree to a preliminary reference of issues to a commissioner; g) To agree to rendering judgment on the pleadings, or summary judgment, or dismissal of the action on valid grounds; h) To agree to suspending the proceedings; and i) To agree to such other matters as may aid in the prompt disposition of the action. HEREBY granting and confirming all the foregoing matters which my attorney-in-fact may do or cause to be done in the premises, with the same force and effect as if I were the one doing them personally. WITNESS my hand this 19th day of December 20103 at Puerto Princesa City, Palawan, Philippines.

JOSEPH D. DAJAY Principal SIGNED IN THE PRESENCE OF: ___________________________ ___________________________

ACKNOWLEDGMENT BEFORE ME, a Notary Public for Puerto Princesa personally appeared Joseph D. Dajay with PRC ID No. 0020419, valid until May 1, 2015 bearing his photograph and signature, and presented a document called Special Powerof Attorney, who is known to
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me personally and who signed said document in my presence and acknowledged that the same was his free and voluntary act and deed. IN WITNESS WHEREOF, I have signed this acknowledgment and affixed my notarial seal this 19th day of December, 2013 at Puerto Princesa City.

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 112 BOARD RESOLUTION OF AUTHORITY

BOARD RESOLUTION BE IT RESOLVED, as it is hereby resolved, by majority members of the Board if Directors of JJD LABORATORY, INC., that BAJA MELISSA O. DAJAY, Vice President, be authorized, as she is hereby authorized, in connection with the pre-trial and trial of Civil Case No. 12345, RTC of Palawan, Branch 47, entitled JDD Laboratory, Inc. vs. Palawan Adventist Hospital, of which the corporation is a plaintiff, to do and perform the following acts and deeds a.) To agree to an amicable settlement of the case or to submission to alternaive modes of dispute resolution of said case, under such terms and condition as my attorney-in-fact may deem proper; b.) To simply the issue of the case; c.) To amend the pleadings, which my attorney-in-fact may deem proper; d.) To stipulated or admit certain facts or documents e.) To limit the number of witnesses; f.) To agree to a preliminary reference of issues to a commissioner; g.) To agree to rendering judgment on the pleadings, or summary judgment, or dismissal of the action on valid grounds; h.) To agree to suspending the proceedings; and

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i.) To agree to such other matters as may aid in the prompt disposition of the action. Approved and adopted this 15th day of December, 2013 at Puerto Princesa City, Palawan. _________________________ Director _________________________ Director _________________________ Director ATTESTED BY: ALEXES . MENDOZA Corporate Secretary _________________________ Director _________________________ Director _________________________ Director

FORM NO. 113 CERTIFICATE OF CORPORATE SECRETARY CORPORATE CERTIFICATE I, JOSEPH D. DAJAY, of legal age and with address at 47 Rizal Avenue, Puerto Princesa City, after having been duly sworn, depose and say: That I am the Corporate Secretary of JDD LABORATORY CORPORATION , a corporation duly organized and existing under and by virtue of the laws of the Philippines. That at the board meeting of said corporation. At which there was a quorum, held on December 8, 2013 at its offices at 335 Malvar Street, Puerto Princesa City, the following board resolution was unanimously adopted and approved. BE IT RESOLVED, as it is hereby resolved, by majority members of the Board if Directors of JJD LABORATORY, INC., that BAJA MELISSA O. DAJAY, Vice President, be authorized, as she is hereby authorized, in connection with the pre-trial and trial of Civil Case No. 12345, RTC of Palawan, Branch 47, entitled JDD Laboratory, Inc. vs. Palawan Adventist Hospital, of which the corporation is a plaintiff, to do and perform the following acts and deeds a. To agree to an amicable settlement of the case or to submission to alternative modes of dispute resolution of said case, under such terms and condition as my attorney-in-fact may deem proper; b. To simply the issue of the case;

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c. To amend the pleadings, which my attorney-in-fact may deem proper; d. To stipulated or admit certain facts or documents e. To limit the number of witnesses; f. To agree to a preliminary reference of issues to a commissioner; g. To agree to rendering judgment on the pleadings, or summary judgment, or dismissal of the action on valid grounds; h. To agree to suspending the proceedings; and i. To agree to such other matters as may aid in the prompt disposition of the action.

That the above board resolution is still existing and in force and kept in the records of the corporation at its offices. WITNESS my hand and seal of the corporation this 15th day of December, 2013 at Puerto Princesa City. ALEXES M. MENDOZA Corporate Secretary

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 19th day of December 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014

FORM 114- PETITION FOR INTERVENTION

Republic of the Philippines REGIONAL TRIAL COURT Branch 47


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Puerto Princesa City, Palawan

ALEX BERMEJO Plaintiff, -versus-

Civil case No. 5524

PARTITION OF PROPERTY ROEL PONCE DE LEON Defendant x --------------------------------------x MOTION TO INTERVENE COMES now , Pedro Bermejo by undersigned counsel and to this Honorable Court, respectfully alleges: 1. The pending case is for partition of the land, previously owned by their deceased parents, filed by one of the co-owners against the five co-owners, their co ownership having arisen since the death of their parents on January 30, 2012. 2. One of the co-owners is Juan de Castro who sold his undivided interest in the co-ownership to herein movant Pedro Bermejo, on May 23, 2013 as shown by a deed of sale, copy of which is attached hereto as Annex 1. 3. As purchaser of the undivided share of Juan De Castro, movant Bermejo has legal interest in the outcome of the case and in the distribution or division of the property in question. 4. Allowing movant Bermejo to intervene will not unduly delay the adjudication of the case and will prevent multiplicity of suits. 5. Copy of the complaint-in intervention is attached hereto and is served on the original parties, as shown by the service of motion along with its enclosed complaintinn-intervention. WHEREFORE, Pedro Bermejo respectfully prays that he be allowed to intervene in the case as party plaintiff; that the attached complaint-in-intervention be admitted; and the defendants be ordered to file their answer to the complaint-in-intervention. Puerto PrincesaCity, Palawan, December 11, 2013 ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012,
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MCLE Compliance Cert. No. 66587 NOTICE OF HEARING Atty. Juan S. Magbanua Counsel for the defendant Bgy. San Pedro, Puerto Princesa City Sir: Please be informed that the undersigned counsel has set the foregoing Motion to intervene for hearing on December 25, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff Bgy. Sta. Monica. Puerto Princesa City

AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion to intervene filed in said case, as follows: Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 12th day of December 2013 IN WITNESS WHEREOF, I have signed this affidavit this 24th day of December 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 12th day of December 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO


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Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 115 ANSWER-IN-INTERVENTION Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

PEDRO MANZANO Plaintiff, -versus-

Civil case No. 5524

PARTITION OF PROPERTY JUAN DE CASTRO Defendant x --------------------------------------x ANSWER-IN-INTERVENTION

DEFENDANT, Juan de Castro, by undersigned counsel and to this honorable Court, respectfully alleges: 1. He is one of the co-owners of the property, subject matter of the petition for partition, whose undivided share be sold to plaintiff intervenor. 2. He admits having sold his undivided share in the property in question to Pedro Manzano as shown in the copy of the Deed of Sale, Annex A of the complaint -inintervention, but he avers in this connection that the buyer, Pedro Manzano has not fully paid the consideration.

By way of counterclaim, defendant Juan de Castro alleges: 3. Plaintiff-intervenor has not paid the full purchase of the property to answering defendant, as he has not paid the unpaid balance of P2,000,000.00, which he refused to pay and still continues to refuse to pay the same, notwithstanding demands.

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WHEREFORE, defendant Juan de Castro respectfully prays that the complaintin-intervention be dismissed for lack of merit. Alternatively, Pedro Manzano be ordered to pay the balance of the purchase price of P2,000,000.00, before the share of defendant de Castro may be transferred to him, a purchaser of the undivided share. Defendant de Castro prays for such other reliefs as may be just and equitable in the premises. Puerto Princesa City, Palawan, December 12, 2013.

ATTY. ARNEL S. BELARMINO Counsel for the Defendant Bgy. Sta. Monica. Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel s. Belarmino, Counsel for the defendant in the case entitled Pedro Manzano vs. Juan De Castro, Civil Case No. 5524, and that such messenger I served upon the counsel of adverse party and other parties, the Answer -in-intervention filed in said case, as follows: Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of said Answer upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 12th day of December 2013 IN WITNESS WHEREOF, I have signed this affidavit this 24th day of December 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 12th day of December 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

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ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 116 PETITION FOR INTERVENTION FILED WITH THE APPELLATE COURT, EITHER BEFORE THE COURT OF APPEALS OR THE SUPREME COURT, AS THE CASE MAY BE. Republic of the Philippines SUPREME COURT Manila PAL EMPLOYESS ASSOCIATION,INC. Plaintiff - Appellee, -versusGR No. 658725 COURT OF APPEALS, PHILIPPINE AIRLINES Defendant - Appellant x --------------------------------------x COMES now Philippine Pacific Airlines, by undersigned counsel and to this Honorable Court, respectfully states: 1. Pending before the Supreme Court is GR. No. 658725 entitled PAL Employees Association, Inc. questioning the constitutionality of Executive Order No. 253 which enunciates an open sky policy to giant foreign cargo airlines to the prejudice of domestic airlines. 2. Philippine Pacific Airlines is a domestic airline cargo airline, which flies the international airport in CLARK to foreign countries and back. The issuance of E.O. 253 has prejudiced domestic cargo airlines because of limited resources and of few cargo airplanes they could not compete with giant foreign cargo airlines allowed to engaged in cargo business under E.O. 253 such that the day would come when they would face bankruptcy. One of such domestic cargo airlines affected by said E.O. 253 is herein movant. 3. Accordingly, movant has legal interest in declaring EO 253 unconstitutional as its declaration will preclude foreign cargo airlines from competing with domestic cargo airlines, like herein movant.

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4. Said EO 253 is unconstitutional apart from what has been advanced in the pending petition to declare said executive order null and void, for the reasons discussed in detail in the attached petition-in-intervention. WHEREFORE, movant Philippine Pacific Airline be allowed to intervene and to join common cause with PAL Employees Association, Inc. in the pending case, that the attached petition-in-intervention be admitted, and that said E.O. 253 be declared unconstitutional. Manila, Philippines March 4, 2013 ATTY. ARNEL S. BELARMINO Counsel for the Movant Intramuros, Manila Roll No. 75648 IBP No. 0457 - Manila, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel s. Belarmino, Counsel for the defendant in the case entitled PAL Employees Association vs Court of Appeals, et al, and that such messenger I served upon the Supreme, the Petition filed in said case, as follows: Atty. Bernardo U. Goy, Clerk of Court of the Supreme Court, by personal service by delivering personally copy of said Petiton upon said clerk of court who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 12th day of December 2013 IN WITNESS WHEREOF, I have signed this affidavit this 24th day of December 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 12th day of December 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO


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Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;

FORM NO. 117- APPLICATION FOR ISSUANCE OF SUBPOENA Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

PEDRO MANZANO Plaintiff, -versus-

Civil case No. 5524

For: DAMAGES JUAN DE CASTRO Defendant x --------------------------------------x APPLICATION FOR SUBPOENA The Clerk of Court RTC Branch 47 Puerto PrincesaCity Sir: As counsel for plaintiff may I request that a subpoena be issued to Juan De Mariano, with address at 335 Malvar Street Puerto Princesa City to testify in the hearing of the above-entitled case on January 12, 2014, at 8:30 AM and at any subsequent hearings, until he shall have finished his testimony. The undersigned will pay the legal fees for such purpose. Puerto Princesa City, December 12, 2013. ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff Bgy. Tanglaw, Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan,
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PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

FORM NO. 118- APPLICATION FOR SUBPOENA DUCES TECUM Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

PEDRO MANZANO Plaintiff, -versus-

Civil case No. 5524

For: DAMAGES JUAN DE CASTRO Defendant x --------------------------------------x REQUEST FOR SUBPOENA DUCES TECUM The Clerk of Court RTC Branch 47 Puerto PrincesaCity Sir: As counsel for plaintiff may I request that a subpoena duces tecum be issued to Juan De Mariano, with address at 335 Malvar Street Puerto Princesa City to testify and bring with him in the hearing of the above-entitled case on January 12, 2014, at 8:30 AM and at any subsequent hearings, the following documents which are not confidential nor privileged, and which are needed in said hearing, to wit: (Enumerate and describe specifically the documents)

The undersigned will pay the legal fees for such purpose.

Puerto Princesa City, December 12, 2013. ATTY. ARNEL S. BELARMINO


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Counsel for the Plaintiff Bgy. Tanglaw, Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

FORM NO. 119 MOTION TO QUASH SUBPOENA Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

PEDRO MANZANO Plaintiff, -versus-

Civil case No. 5524

For: DAMAGES JUAN DE CASTRO Defendant x --------------------------------------x MOTION TO QUASH SUBPOENA COMES NOW, defendant, by counsel and to his Honorable Court, respectfully moves that the subpoena issued on December 10, 2013 to Mariano Ponce in the above-entitled case on January 5, 2014 be quashed on the following grounds: ( Enumerate and discuss the grounds) Puerto Princesa City, December 12, 2013. ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff Bgy. Tanglaw, Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587 NOTICE OF HEARING Atty. Juan S. Magbanua Counsel for the defendant
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Bgy. San Pedro, Puerto Princesa City Sir: Please be informed that the undersigned counsel has set the foregoing Motion to intervene for hearing on December 25, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff Bgy. Sta. Monica. Puerto Princesa City AFFIDAVIT OF PERSONAL SERVICE I, JOSEPH D. DAJAY, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion to Quash filed in said case, as follows: Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 12th day of December 2013 IN WITNESS WHEREOF, I have signed this affidavit this 24th day of December 2013 at Puerto Princesa City. JOSEPH D. DAJAY Affian SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 12th day of December 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014 Doc. No. ______; Page No. ______; Book No. ______; Series of 2013;
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FORM NO. 120 MOTION TO CITE WITNESS FOR CONTEMPT Republic of the Philippines REGIONAL TRIAL COURT Branch 47 Puerto Princesa City, Palawan

PEDRO MANZANO Plaintiff, -versus-

Civil case No. 5524

For: DAMAGES JUAN DE CASTRO Defendant x --------------------------------------x MOTION TO CITE WITNESS FOR CONTEMPT

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges: 1. Plaintiff is of legal age and with residence at 335 Malvar Street, Puerto Princesa while respondent is also of legal age and wit residence at 433 Rizal Avenue, Puerto Princesa City where he may be serve with summons and other legal processes. 2. Plaintiff is the Plaintiff I the above captioned case. 3. On November 3, 20103, upon plaintiffs application, the curt issued a subpoena for respondent to appear and testify on December 3, 2013 before the Honorable Court, and said subpoena was served on him on November 15, 2013 by the sheriff, per letters return. Certified true copies of the subpoena and the sheriffs return are attached hereto as Annexes A and B, respectively. 4. Respondent did not honor the subpoena, as he did not appear on the date, time and place indicated in said subpoena, thereby delaying plaintiffs presentation of his evidence, as respondent would have been plaintiffs last witness. WHEREFORE, plaintiff prays that after respondent shall have been given the opportunity to be heard, judgment be rendered punishing him for indirect contempt of court for willful defiance and disregard of the subpoena served on him on November 15, 2013. Puerto Princesa City, December 12, 2013. ATTY. ARNEL S. BELARMINO Counsel for the Plaintiff
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Bgy. Tanglaw, Puerto Princesa City Roll No. 75648 IBP No. 0457 - Palawan, PTR No. 11456788, issued on April 13, 2012, MCLE Compliance Cert. No. 66587

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, PEDRO MANZANO, of legal age and with residence at Lagan St. Puerto Princesa City, after having been duly sworn, depose and say: 1. That I am the plaintiff in the above entitled complaint. 2. That I have caused the preparation by my counsel of said complaint. 3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge or based on authentic records. 4. That I have not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; and if I should thereafter learn that the same or similar action or aclim has been filed or is pending to the court wherein the aforesaid complaint or initiatory pleading has been filed. Witness my hand this 23rd day of October 2013 at Puerto Princesa City, Palawan.

PEDRO MANZANO Affiant SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24th day of October 2013. Affiant personally came and appeared with Drivers License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument ATTY. ARNEL S. BELARMINO Notary Public Until December 31, 2014

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