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Republic of the Philippines

REGIONAL TRIAL COURT


FIRST JUDICIAL REGION
Branch 13, Laoag City

MAXINE GUANZON MEDINA


Plaintiffs,

-versus- Civil Case No. 23456


For: DAMAGES BASED
ON QUASI-DELICT
MAXIMO PELIGRO y DISGRASIA,
and MEI KUT TSEI
Defendant/s.
x----------------------------------------------x

ORDER

Pursuant to Section 2(a), Rule 18 of the 1997 Rules of Civil


Procedure and the Second Revised Guidelines for the implementation of
mediation proceedings approved by the Supreme Court on October 16,
2001, this case is hereby referred for mediation in the Philippine Mediation
Center (PMC).

Parties are hereby Ordered to immediately proceed and to


personally appear at the

PMC Unit: Laoag City


Date: February 20, 2017 Time: 9:00 AM

with or without the presence of their counsel/s for mediation proceedings


upon payment of mediation fees. This Court shall impose the
appropriate sanctions as are provided under the Rules of Court for failure
to appear for pre-trial, in case any or both of the parties absent
himself/themselves during the mediation proceedings.

In the meantime, the Court’s proceedings on the case are hereby


suspended for thirty (30) days starting on this date and extendible for
another thirty (30) days subject to the approval of the court. The
Mediator is hereby directed to submit to this Court a status report on the
progress of the proceedings at the end of the mediation period. If the
mediation is successful, this Court shall immediately be informed and
given (a) the original Compromise Agreement entered into by the parties
as basis for the rendition of a judgment by compromise which may be
enforced by execution or, (b) withdrawal of the Complaint or (c) a
satisfaction of the claim.

This Court hereby affirms and authorizes the assignment of the


Mediator names hereunder.
It is understood that the mediation proceedings shall be confidential.
SO ORDERED.

January 26, 2017. Laoag City, Philippines.

ROZANNA BIANCA T. PASTOR


Presiding Judge

COPY FURNISHED:

Principal Litigants O.R. No. (Plaintiff) 03164900


MAXINE MEDINA 10/3/2016
MAXIMO PELIGRO
MEI KUT TSEI

Counsels:

Atty. Albert Jericho Taruc


Atty. John Carlo G. Sacubo

PMC Unit LAOAG CITY


Clerk in Charge MS. BEA BUNDA

x------------------------------------------------------------------------------------------------x

CERTIFICATION

This is to certify that KRISTOFFER C. AQUINO is designated as the


Mediator for the following case:

Case No. 23456; RTC Laoag City, Branch 13

(Sgd.) MSO V/MSA II

Affirmed by:

ROZANNA BIANCA T. PASTOR


Presiding Judge
PMC FORM 8
(Revised August 2009)

Supreme Court of the Philippines


Philippine Judicial Academy
PHILIPPINE MEDIATION CENTER
LAOAG CITY Unit

MAXINE GUANZON MEDINA


Plaintiffs,

-versus- Civil Case No. 23456


For: DAMAGES BASED
ON QUASI-DELICT
MAXIMO PELIGRO y DISGRASIA,
and MEI KUT TSEI
Defendant/s.
x-----------------------------------------------------------------------------------------x

NOTICE OF MEDIATION

The parties are requested before KRISTOFFER C. AQUINO on


February 20, 2017, 9:00 AM by virtue of the Order of the Court issued on
January 26, 2017 which referred the above-captioned case for mediation.

Please be reminded that court-annexed mediation is part of the Pre-


Trail conference of the case. Parties are required to appear with or without
counsel. Failure to appear for mediation may result in the imposition of
appropriate sanctions, including but not limited to censure, reprimand,
declaration in contempt, costs and fees spent by the attending party and such
other sanctions as may be provided under the Rules of Court.

KRISTOFFER C. AQUINO
Mediator

Noted by:

(Sgd.) MSO V/MSA II

Copy Furnished by Personal Service:

Atty. Albert Jericho V. Taruc


Atty. John Carlo Sacubo
Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 13, Laoag City

MAXINE GUANZON MEDINA


Plaintiffs,

-versus- Civil Case No. 23456


For: DAMAGES BASED
ON QUASI-DELICT
MAXIMO PELIGRO y DISGRASIA,
and MEI KUT TSEI
Defendant/s.
x----------------------------------------------x

ORDER

The report on the mediation conducted in this case, dated February


21, 2017, submitted by the Philippine Mediation Center (PMC) Laoag City
Unit, states that the mediation failed in this case due to the fact that parties
hereto could not agree on the terms and conditions of their compromise
hence plaintiff preferred to undergo litigation rather than mediation.

Nevertheless, despite the reported failure in the Court Annexed


Mediation, the Court will try to help the parties come up with an amicable
settlement of their differences through Judicial Dispute Resolution (JDR)
before the undersigned as JDR Judge pursuant to A.M. No. 04-1-12-SC-
PhilJa on the Implementation of an Enhanced Pre-Trial Proceeding under
the Justice Reform Initiatives Support (JURIS) Project.

The parties are therefore directed to meet before the Court for JDR
Conference on April 7, 2017 at 9:00 AM. The parties are advised that the
imposable sanctions for a party’s failure to appear under the rules on pre-
trial shall be applicable during JDR conference.

Under A.M. No. 04-1-12-SC-PhilJa, in the event of failure to settle


after the conduct of JDR proceedings, this case shall be re-raffled among
the other branches of this Court for the continuation of the proceedings.

SO ORDERED.

Done in Chambers, this 28th day of February, 2017 at Laoag City,


Philippines.

ROZANNA BIANCA T. PASTOR


Presiding Judge
Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 13, Laoag City

MAXINE GUANZON MEDINA


Plaintiffs,

-versus- Civil Case No. 23456


For: DAMAGES BASED
ON QUASI-DELICT
MAXIMO PELIGRO y DISGRASIA,
and MEI KUT TSEI
Defendant/s.
x----------------------------------------------x

MOTION TO RESET JDR PROCEEDINGS

COMES NOW, plaintiffs, through the undersigned counsel, and


unto this Most Honorable Court, most respectfully state that:

Plaintiffs received the Order dated February 28, 2017 from the trial
court setting the case for JDR on April 7, 2017 at 9:00 AM.

Unfortunately however, the undersigned will not be able to attend


the scheduled JDR considering that he is scheduled to leave for Japan for
business.

Considering the foregoing, herein undersigned in constrained to


humbly move that the JDR set on said date be postpone and reset
preferably on April 14, 2017.

This motion is filed only by the aforementioned stated reasons and


not intended to delay the speedy disposition of the instant case.

WHEREFORE, premises considered, it is most humbly prayed that


the JDR set on April 7, 2017 at 9:00 AM be cancelled and reset to another
date preferably on April 14, 2017 at 2:00 PM or at any date convenient to
the Honorable Court.

Other just and equitable reliefs are likewise prayed for.

Laoag City, Philippines. March 1, 2017.

AGCAOILI, CALUMAG & TARUC


LAW OFFICES
Suite 123, ABC Bldg.
Brgy. 11, Laoag City, Philippines
Email: act_law@yahoo.com
Phone No: (077) 770-1234
By:

ATTY. ALBERT JERICHO V. TARUC


Roll No. 14344 – 03/28/2012
IBP No. 123456 – 01/04/2016
PTR No. 5051992 – 01/04/2016
MCLE No. IV-654321- /1/31/2016

NOTICE

MARIA ELENA ADARNA


The CLERK OF COURT
RTC – Branch 13
Laoag City

Greetings!

Kindly submit the foregoing motion for the immediate


consideration of the Honorable Court considering its non-litigous
nature unless the Honorable Court would want to set the same for
hearing on any date it finds convenient.

ATTY. ALBERT JERICHO V. TARUC

Copy Furnished by Personal Service:


Atty. John Carlo G. Sacubo
Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 13, Laoag City

MAXINE GUANZON MEDINA


Plaintiffs,

-versus- Civil Case No. 23456


For: DAMAGES BASED
ON QUASI-DELICT
MAXIMO PELIGRO y DISGRASIA,
and MEI KUT TSEI
Defendant/s.
x----------------------------------------------x

ORDER

The Motion to Reset the JDR proceeding set on April 7, 2017 is


DENIED. While counsel is understandably not available on said date,
it is not the appearance of counsel but of the litigants themselves
which is required in JDR proceedings.

SO ORDERED.

Done in Chambers, this 3rd day of March, 2017 at Laoag City,


Philippines.

ROZANNA BIANCA T. PASTOR


Presiding Judge

Copy Furnished:

Atty. Albert Jericho V. Taruc


Atty. John Carlo G. Sacubo
Maximo Peligro
Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 13, Laoag City

MAXINE GUANZON MEDINA


Plaintiffs,

-versus- Civil Case No. 23456


For: DAMAGES BASED
ON QUASI-DELICT
MAXIMO PELIGRO y DISGRASIA,
and MEI KUT TSEI
Defendant/s.
x----------------------------------------------x

JOINT MOTION

PARTIES, through their respective counsels, unto this


Honorable Court, most respectfully move that the JDR proceedings
and the trial thereafter, be handled by and conducted in the court of
origin until termination and/or disposition of this case, even if the
Judicial Dispute Resolution has been terminated before this branch.

Respectfully submitted.

Laoag City, Philippines. March 6, 2017.

ATTY. ALBERT JERICHO V. TARUC


Counsel for Plaintiffs
Roll No. 14344 – 03/28/2012
IBP No. 123456 – 01/04/2016
PTR No. 5051992 – 01/04/2016
MCLE No. IV-654321- /1/31/2016

ATTY. JOHN CARLO G. SACUBO


Counsel for Defendant Mei Kut Tsei
Roll No. 101315 – 03/28/12
IBP No. 7654321 – 01/04/16
PTR No. 2588857482 – 01/04/16
MCLE VI-123456 – 1/31/2017
Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 13, Laoag City

MAXINE GUANZON MEDINA


Plaintiffs,

-versus- Civil Case No. 23456


For: DAMAGES BASED
ON QUASI-DELICT
MAXIMO PELIGRO y DISGRASIA,
and MEI KUT TSEI
Defendant/s.
x----------------------------------------------x

ORDER

For resolution is the Joint Motion filed by herein parties


requesting that the JDR proceedings and trial shall be conducted in
the court of origin.

The rule is that if a case is not resolved during JDR, raffling of


the case to another branch for pre-trial proper up to judgment shall be
made in circumstances involving multiple sala courts. Nevertheless,
A·M. No, 11-1-6-SC-PHILJA, January 11, 2011 allows that the JDR
and trial shall be conducted in the court of origin upon joint motion of
the parties before the commencement of the JDR proceedings.

In view of the foregoing, the Court hereby resolves to GRANT


the Joint Motion filed by herein parties through their respective
counsels, the same being meritorious.

Done in Chambers, this 10th day of March, 2017 at Laoag City,


Philippines.

ROZANNA BIANCA T. PASTOR


Presiding Judge

Copy Furnished:

Atty. Albert Jericho V. Taruc


Atty. John Carlo G. Sacubo
Maximo Peligro
Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 13, Laoag City

MAXINE GUANZON MEDINA


Plaintiffs,

-versus- Civil Case No. 23456


For: DAMAGES BASED
ON QUASI-DELICT
MAXIMO PELIGRO y DISGRASIA,
and MEI KUT TSEI
Defendant/s.
x----------------------------------------------x

ORDER

With much regret, JDR failed despite efforts on the part of the
court to bring the parties to a settlement.

Considering that the parties have already submitted their


respective pre-trial briefs but without the judicial affidavits of their
witnesses, the parties are hereby directed to submit the same within
five (5) days upon receipt of this Order.

Set the prelimanry conference for marking of exhibits before the


Clerk of Court on April 24, 2017 at 2:00 PM and the pre-trial
conference proper on May 9, 2017 at 9:00 AM.

Issue Notice of Hearing to the parties and counsels.

SO ORDERED.

Done in Chambers, this 10th day of April, 2017 at Laoag City,


Philippines.

ROZANNA BIANCA T. PASTOR


Presiding Judge

Copy Furnished:
Atty. Albert Jericho V. Taruc
Atty. John Carlo G. Sacubo
Maximo Peligro

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