legal form (81-100)

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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

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FORM NO. 81 PETITION FOR CERTIORARI UNDER RULE 65

Republic of the Philippines

COURT OF APPEALSManila

ALEXANDER BERMEJO

Plaintiff - Appellee,

-versus-

CA- GR SP. No. 658725

HON. PETER DE JESUSAs Presiding Judge, RTC, Branch 55Puerto Princesa City;RACHEL F. BUAG andREGISTER 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

petitionersTCT 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 questionedorder during the pendency of the action.

THE PARTIES

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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 onSeptember 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 ordinarycopies 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 graveabuse 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 judgmentdebtor 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. 3, and enumerate the grounds for issuance of writ ofpreliminary injunction, including petitioners willingness to post a bond I such amount as

the Court may fix.


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;

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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. BELARMINOCounsel 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

AGA INST FORUM SHOPPING

I, ALEXANDERBERMEJO, of legal age and with residence at Lagan St. PuertoPrincesa 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 BERMEJOAffiant

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SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City ofPuerto Princesa and the Province of Palawan this 25thday 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. BELARMINONotary 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,IFPERIOD TO FILE PETITION FROM RELIEF THEREFROM HAS EXPIRED



MAMERTO VELAYO


-versus-

CA- GR. No. 658725

PETER DE JESUSRespondent

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 process6. 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, asexecuted 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



Roll No. 75648




VERIFICATION AND CERTIFICATIONAGA INST FORUM SHOPPING



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Witness my hand this 25th

day of August 2013 at Puerto Princesa City, Palawan.









Doc. No. 31 ;

Page No. 46 ;

Book No. XXI;

Series of 2013;

FORM NO. 83 AMENDMENT AS A MATTER OF RIGHT


MUNICIPAL TRIAL COURT IN CITIESPuerto Princesa City, Palawan

ALEX BERMEJO

Plaintiff,

-versus- Civil case No. 5524

Collectionfor 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 orcorrected portions..

X x x x x x

Puerto Princesa City, December 12, 2013


Bgy. Sta. Monica. Puerto Princesa CityRoll No. 75648




FORM NO.84 MOTION FOR LEAVE TO AMEND PLEADING


MUNICIPAL TRIAL COURT IN CITIESPuerto Princesa City, Palawan

ALEX BERMEJOPlaintiff,

-versus- Civil case No. 5524Collectionfor a Sum of Money

ROEL PONCE DE LEONDefendant

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

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MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

PLAINTIFF, by counsel and to this Honorable Court respectfully moves for leaveto 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.



Roll No. 75648




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. BELARMINOCounsel for the Plaintiff


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 23 rdday of October 2013

IN WITNESS WHEREOF, I have signed this affidavit this 24th day of October2013 at Puerto Princesa City.

JOSEPH D. DAJAYAffiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for theCity of Puerto Princesa and the Province of Palawan this 24 th 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 hisphotograph 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



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 ortypographical 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.


REGIONAL TRIAL COURT

Branch 47Puerto Princesa City, Palawan

ALEX BERMEJOPlaintiff, Civil case No. 5524

-versus-

FOR: DAMAGES


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

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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REGIONAL TRIAL COURTBranch 47

Puerto Princesa City, Palawan


-versus-

RECISSION OF LEASE CONTRACT


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.







NOTICE OF HEARING

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Sir:














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 October2013 at Puerto Princesa City.


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for theCity of Puerto Princesa and the Province of Palawan this 24

th day of October 2013.


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





Doc. No. ______;

Page No. ______;

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Book No. ______;

Series of 2013;

FORM NO. 88 SUPPLEMENTAL COMPLAINT




ALEX BERMEJO

Plaintiff, Civil case No. 5524

-versus-

RECISSION OF LEASE CONTRACT


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.;



Roll No. 75648IBP No. 0457 - Palawan,





I, ALEXANDERBERMEJO, of legal age and with residence at Lagan St. Puerto

Princesa City, after having been duly sworn, depose and say:











Witness my hand this 25th day of August 2013 at Puerto Princesa City, Palawan.


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for theCity of Puerto Princesa and the Province of Palawan this 24

th day of October 2013.

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Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2013;

FORM NO. 89 MOTION FOR BILL OF PARTICULARS:





-versus-

FOR: DAMAGES

ROEL PONCE DE LEON

Defendantx --------------------------------------x

MOTION FOR BILL OF PARTICULARS

Defendant, by counseland 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 flagrantebreach 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 ofthe facts and acts constituting the conclusions alleged in the complaint.



Roll No. 75648




NOTICE OF HEARING




Sir:










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:



shown by his signature or initial on the said pleading, this 23 rdday of October 2013

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ALEX BERMEJO


-versus-

FOR: DAMAGES


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.


ATTY. FELY Q. BALADAD

Counsel for the plaintiffBrgy. San Pedro, Puerto Princesa City

Roll No. 75648






That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant inthe 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 bydelivering personally copy of said Motion upon said lawyer who acknowledged receiptthere of as shown by his signature or initial on the said pleading, this 23 rdday of

October 2013

IN WITNESS WHEREOF, I have signed this affidavit this 24 thday of December 12013 at Puerto Princesa City.


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SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for theCity 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 LandTransportation 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 theforegoing instrument before me and avowed under penalty of law to the whole truth ofthe contents of said instrument

ATTY. FELY Q. BALADADNotary Public


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 CaseNo. 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. BALADADCounsel for the plaintiff

Brgy. San Pedro, Puerto Princesa City

Roll No. 75648




Copy furnished:

Atty. Arnel Belarmino

Counsel for the Defendant

Puerto Princesa Ciity







Atty. Arnel Belarmino, counsel for the Defendant, by personal service bydelivering 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 24thday of December 12013 at Puerto Princesa City.


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for theCity 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



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.


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Roll No. 75648




Copy furnished:

1.The Register of Deeds of Puerto Princesa

2. Atty. Arnel Belarmino

Counsel for the Defendant

Puerto Princesa City



That I am the messenger of Atty. Fely Q. Baladad, Counsel for the defendant in



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 23rdday of October 2013

IN WITNESS WHEREOF, I have signed this affidavit this 4thday of November 12013 at Puerto Princesa City.


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for theCity of Puerto Princesa and the Province of Palawan this 3rdday of November 2013.








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Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2013;

FORM NO. 93 PETITION FOR REVIEW OF LAND REGISTRATION AUTHORITYRULING



ALEX M. BERMEJO

Plaintiff - Appellant,

-versus-

PETER DE JESUS CA- GR CV No. 658725Administrator ofLand 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.

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.

.

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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 receiptof 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 copiesof 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 courseof 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.

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DISCUSSION


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. 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.


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 Aand 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.


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Roll No. 75648















action or aclim has been filed or is pending to the court wherein theaforesaid complaint or initiatory pleading has been filed.

Witness my hand this 25th

day of August 2013 at Puerto Princesa City, Palawan.









Doc. No. 31 ;

Page No. 46 ;

Book No. XXI;

Series of 2013;

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FORM NO. 94 MOTION TO CANCEL LIS PENDENS





-versus-FOR: DAMAGES


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 itstransferability 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



Roll No. 75648


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NOTICE OF HEARING




Sir:




ATTY. FELY Q. BALADADCounsel for the Plaintiff




That I am the messenger of Atty. Fely Q. Baladad, Counsel for the defendant in




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



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





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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

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JULLANA REIGN NARCISOAffiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City ofPuerto Princesa and the Province of Palawan this 3

rdday 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



Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2013;

Copy furnished:

1.Antonio De Jesus



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 5thday of November 2013

IN WITNESS WHEREOF, I have signed this affidavit this 4th

day of November 12013 at Puerto Princesa City.


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SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City ofPuerto Princesa and the Province of Palawan this 3rdday 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



Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2013;

FORM NO. 96 PETITION TO CANCEL ADVERSE CLAIM


REGIONAL TRIAL COURTBranch 47Puerto Princesa City, Palawan


-versus-

FOR: DAMAGES


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

PETITON TO CANCEL ADVERSE CLAIM

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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 theselling 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 feesof 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.



Roll No. 75648IBP No. 0457 - Palawan,



VERIFICATION

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I, ALEXANDER BERMEJO, of legal age and with residence at Lagan St. PuertoPrincesa City, after having been duly sworn, depose and say:





Witness my hand this 23rdday of October 2013 at Puerto Princesa City, Palawan.


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for theCity of Puerto Princesa and the Province of Palawan this 24 th day of October 2013.








Doc. No. 31 ;

Page No. 46 ;

Book No. XXI;

Series of 2013;

NOTICE OF HEARING




Sir:

Please be informed that the undersigned counsel has set the foregoing Motionfor Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration



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That I am the messenger of Atty. Fely Q. Baladad, Counsel for the defendant,


the Notice of Adverse Claim.


Adverse Claim who acknowledged receipt there of as shown by his signature or initial

on the said pleading, this 5thday of November 2013

IN WITNESS WHEREOF, I have signed this affidavit this 4th

day of November 12013 at Puerto Princesa City.


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the

City of Puerto Princesa and the Province of Palawan this 3rdday of November 2013.Affiant personally came and appeared with Drivers License ID No.D11-125477 issued







Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2013;

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


City of Puerto Princesa ) s.s.

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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.










Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2013;

FORM NO. 98 NOTICE OF HEARING, WHICH REQUIRES THAT IT BE SET FORHEARING NOT LATER THAN 10 DAYS AFTER THE FILING OF THE MOTION ANDAT LEAST THREE DAYS BEFORE DATE OF HEARING, TO GIVE THE OTHERPARTY TO OBJECT, IF SO DESIRES. NOTICE IS ADDRESSED ADVERSECOUNSEL

NOTICE OF HEARING




Sir:

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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



Roll No. 75648

IBP Roll No. 0457 - Palawan,




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,


the Notice of Hearing


Notice who acknowledged receipt there of as shown by his signature or initial on thesaid pleading, this 5thday of November 2013


TOTOY B. BIBOAffiant









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Notice who acknowledged receipt there of as shown by his signature or initial on the

said pleading, this 5thday of November 2013





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





Doc. No. ______;

Page No. ______;

Book No. ______;Series of 2013;

FORM NO. 100 OMNIBUS MOTION





-versus-

FOR: DAMAGESROEL PONCE DE LEON

Defendant

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

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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.



Roll No. 75648

IBP Roll No. 0457 - Palawan,



NOTICE OF HEARING




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


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


Notice who acknowledged receipt there of as shown by his signature or initial on the

said pleading, this 5thday of November 2013

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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 19thday 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.



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, ordismissal 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 15thday of December, 2013 at Puerto Princesa City,

Palawan.

_________________________ _________________________

Director Director

_________________________ _________________________

Director Director

_________________________ _________________________

Director Director

ATTESTED BY:

ALEXES . MENDOZA

Corporate Secretary

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, thefollowing 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 toalternative 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 15 thday 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 ofPuerto Princesa and the Province of Palawan this 19 th 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.



FORM 114- PETITION FOR INTERVENTION



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ALEX BERMEJO


-versus-

PARTITION OF PROPERTY


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 ofsale, 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-inintervention is attached hereto and is served on theoriginal parties, as shown by the service of motion along with its enclosed complaint-

inn-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



Roll No. 75648



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NOTICE OF HEARING




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.








the Motion to intervene filed in said case, as follows:



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 24 thday of December2013 at Puerto Princesa City.


SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for theCity of Puerto Princesa and the Province of Palawan this 12thday of December 2013.






ATTY. ARNEL S. BELARMINO

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Notary Public


Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2013;

FORM NO. 115 ANSWER-IN-INTERVENTION


REGIONAL TRIAL COURT

Branch 47Puerto Princesa City, Palawan

PEDRO MANZANOPlaintiff, Civil case No. 5524

-versus-

PARTITION OF PROPERTY

JUAN DE CASTRODefendant

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-in-

intervention, 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 complaint-

in-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.








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:


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



SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for theCity of Puerto Princesa and the Province of Palawan this 12thday of December 2013.

Affiant personally came and appeared with Drivers License ID No. issued by the LandTransportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his




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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.


SUPREME COURTManila

PAL EMPLOYESS ASSOCIATION,INC.


-versus-

GR 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. BELARMINOCounsel for the Movant

Intramuros, Manila

Roll No. 75648IBP No. 0457 - Manila,





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



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