Republic of the Philippines )

Province of Iloilo )
Municipality of Dumangas ) S.S.
x-------------------------------------x

JOINT AFFIDAVIT OF DISCREPANCY

We, LETECIA D. BANIOLA and MELCHOR M. TIANZON, of legal

age, Filipinos, residents of Brgy. Libertad, Banate, Iloilo, Philippines, after
having been sworn to in accordance with law, do hereby depose and say:

That we personally know LEAH IRAN ALARQUEZ, who was born to

Spouses Anastacio Alarquez and Erlinda Iran at Banate, Iloilo;

That the true and correct place of marriage of her parents is

Iglesia Filipina Independiente, Banate, Iloilo and the date is May 10, 1962;

That we are cognizant to such facts because Spouses Anastacio

Alarquez and Erlinda Iran have been our long time family friends for
more than fifty (50) years and we helped them in their wedding
preparations;

That however, in the certificate of live birth of Leah Iran Alarquez,

the date and place of marriage of her parents were not indicated instead
of the true and correct May 10, 1962 and Iglesia Filipina Independiente,
Banate, Iloilo;

That Leah Iran Alarquez with no place and date of marriage of

parents indicated in her certificate of live birth and Leah Iran Alarquez
with date and place of marriage of parents May 10, 1962 and Iglesia
Filipina Independiente, Banate, Iloilo refer to the same person;

That we are executing this Affidavit to attest to the truth of the

foregoing facts and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this

th
24 day of August 2017, at Dumangas, Iloilo, Philippines.

LETECIA D. BANIOLA MELCHOR M. TIANZON

SUBSCRIBED AND SWORN to before me this 24th day of August

2017 at Dumangas, Iloilo, Philippines. Affiants exhibited to me their
respective identification cards as proof of their identities.
 Republic of the Philippines
Sixth Judicial Region
REGIONAL TRIAL COURT-Br. 23
Iloilo City

SPOUSES VIRGILIO LIMOSO and CIVIL CASE No. 10-30411

JOSEFINA JALLORINA, LEO TORRES
And MERIAN CATACATA, For:
Plaintiffs

-versus- INJUNCTION and DAMAGES

With PRELIMINARY INJUNCTION

MERIAM S. ALBAY, accompanied by

Her husband ANTONIO O. ALBAY,
Defendants
x-------------------------------------------X

MOTION TO DISMISS

COMES NOW, Erol R. Callanga, assisted by the Public Attorneys’ Office, to

this Honorable Court most respectfully alleges:

1. That he is the caretaker of the house owned by the Sps. Antonio and
Meriam Albay, and was present when a certain person who identified
himself as sheriff insisted to leave certain documents on the terrace of the
house sometime in the morning of February 16, 2010;

2. That he refused to receive such documents as it was addressed to herein

defendants Meriam S. Albay accompanied by Antonio O. Albay;

3. That defendants are citizens and residents of the United States and their
last visit to the Philippines was in 2004 yet;

4. That as such, defendants NEVER committed any of the false allegations of

plaintiffs in the complaint;

5. That NEITHER was it Angelina Albay who fenced-off the road right-of-way
on December 2009 as alleged by plaintiffs in the Police Blotter Report
attached as Annex “H” of the complaint, as Angelina Albay arrived from the
 United States of America on January 16, 2010, copy of the Affidavit of
Angelina Albay is hereto attached as Annex “A”;

6. That the person who caused the closure of the road right-of-way is their
neighbor named Ramon S. Pico Jr., who resides in the property registered
in the name of Juan Hisugan, Affidavit of Ramon S. Pico Jr. is hereto
attached as Annex “B” and made an integral part of this Motion;

7. That thus, the court has NO JURISDICTION over the person of the
defending parties, as provided for in Rule 16 Sec. 1(a) of the 1997 Rules of
Civil Procedure;

8. That furthermore, the defendants are NOT the real parties-in-interest in

this case;

9. That this case asserting the claim against defendants states NO CAUSE OF
ACTION, as they are not the real parties-in-interest in this case, as also
provided for in Sec. 1(g) of the same Rule 16;

WHEREFORE, premises considered, it is most respectfully prayed for that

this complaint against defendants be out rightly DISMISSED.

Other just and equitable remedies are also prayed for.

February 23, 1010, Iloilo City, Philippines.

PUBLIC ATTORNEY’S OFFICE

Iloilo City District Office I
3rd Floor Hall of Justice, Iloilo City

By:

ADELE CARR M. CHAVEZ

Roll No. 41535
MCLE Compliance No. III-0007753
Feb. 1, 2010, Pasig City

The Clerk of Court

RTC-Br. 23, Iloilo City

MADAM:

Greetings!

Kindly set this Motion to Dismiss for hearing on Monday, March 1, 2010 at
8:30 o’clock in the morning, together with the Injunction hearing set on same date
and time, without any further oral arguments.

Thank you.
 ATTY. ADELE CARR M. CHAVEZ

Copy furnished:

CORNELIO V. SALINAS
Counsel for plaintiffs
Panaderia de Molo(Mezzanine Level)
Rizal St., Iloilo City
Rec’d. thru personal delivery by: ____________
Date: _________