Notices Nov. 10, 2014

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION

BRANCH 19

BANGUI, ILOCOS NORTE

REPUBLIC OF THE PHILIPPINES,

Represented by the Department of Energy (DOE)

Plaintiff,

-versus-

THE UNKNOWN HEIRS OF TITA GERVACIO and the MUNICIPAL ASSESSOR OF PASUQUIN, ILOCOS NORTE

Defendants.

Civil Case No. 2251-19

For: Expropriation

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A M E N D E D   C O M P L A I N T

(Summons by Publication)

PLAINTIFF, by counsel, respectfully states:

1.       Plaintiff Republic of the Philippines, represented by the Department of Energy (DOE), is a sovereign political entity with the inherent power to expropriate private property for public use upon payment of just compensation.  It may be served with court processes through its statutory counsel, the Office of the Solicitor General (OSG), at 134 Amorsolo Street, Legaspi Village, Makati City.

2.     Private defendants are the unknown surviving heirs, if any, of Tita Gervacio, who was a claimant of the property that is the subject matter of this case. Their true names and addresses are unknown; and despite diligent inquiry, cannot be ascertained. They are being impleaded in accordance with Section  1, Rule 67 of the 1997 Rules of the Civil Procedure.

3.     Public defendant Municipal Assessor of Pasuquin, Ilocos Norte, who is charged with the duty, inter alia, of maintaining a system for real property identification and accounting for taxation purposes, is impleaded as a nominal party.  She holds office in Pasuquin, Ilocos Norte, where she may be served with summons and other court processes;

4.     The 1987 Constitution recognizes the State’s paramount interest in improving the quality of life for all, which may be done by promoting industrialization that utilizes full and efficient use of human and natural resources.  If achieved, industrialization will significantly improve the delivery of goods and services produced by the nation.  Towards this end, the policy of the State is to give all sectors of the economy, especially the private sector, optimum opportunity to develop natural resources.¹

5.     Section 2, Article XII of the 1987 Constitution provides:

SEC. 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.  With the exception of agricultural lands, all other natural resources shall not be alienated.  The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.  The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens [...]

6.     The National Government, through the DOE, endeavors to proactively involve the private sector in pursuing energy projects to meet the energy demands of an industrialized nation. Specifically, Republic Act (R.A.) No. 9136² declares it a State policy to enhance the inflow of private capital and broaden the ownership base of the power generation, transmission and distribution sectors in order to minimize the financial risk exposure of the National Government.

7.     Under R.A. No. 7638,³ the DOE is required to “[f]ormulate policies for the planning and implementation of a comprehensive program for the efficient supply and economical use of energy consistent with the approved national economic plan and with the policies on environmental protection and conservation and maintenance of ecological balance[…].”

8.     To complement the mandate of the DOE, Executive Order (E.O.) No. 462, Series of 1997, was issued by then President Fidel V. Ramos to enable the private sector to participate in the exploration, development, utilization and commercialization of ocean, solar and wind energy resources for power and commercialization.

9.     The harnessing and utilization of renewable energy comprises a critical component of the government’s strategy to provide energy supply for the country.⁴ In this regard, the DOE has partnered with the Energy Development Corporation (EDC) to exploit wind energy resources for wide-scale use.

10.  Accordingly, the DOE in partnership with the EDC will undertake the Burgos Wind Project (BWP) under DOE Certificate of Registration No. WESC-2009-09-004.

11.    The BWP is a flagship project of the National Government that aims to promote energy security and sufficiency.  With the mounting demand for electricity, the BWP will generate and provide the entire Luzon and Visayas grids with “clean electricity” through the development, construction and operation of as much as fifty (50) wind turbines.  By harnessing wind in the generation of energy, the BWP will likewise displace as much as 124,901 tons of carbon dioxide, which will effectively curb greenhouse gas emissions.  The BWP will have a capacity of 86 megawatts (86 mw) and will cover an area of approximately six hundred hectares (600 Ha) across four (4) municipalities in the Province of Ilocos Norte.  Once completed, it will become the biggest wind farm in the Philippines.

12.  The BWP is a public necessity and of paramount national importance as it aims to achieve self-reliance in the country's energy requirements through the integrated and intensive development of its indigenous energy resources and through the judicious conservation, renewal and efficient utilization of energy to keep pace with the country's growing demand.

13.  The implementation of the BWP necessitates the immediate acquisition of properties within the City of Laoag and the Municipalities of Bacarra, Pasuquin and Burgos, Ilocos Norte.

14.  Private defendants claim an interest – based on Tax Declaration No. 08-0017-00476⁵ – over Lot No. 40402, with an area of 162 square meters (sq. m.), more or less, situated in Barangay No. 17, Pasuquin, Ilocos Norte.

15.  Plaintiff seeks to expropriate a portion of the subject property, or the aggregate area of 20 sq. m., which will be needed as site⁶ for the implementation of the BWP.

16.  There is no permanent improvement constructed on the subject portion per the Certification⁷ issued by the Municipal Assessor of Pasuquin, Ilocos Norte.

ARGUMENT IN SUPPORT OF THE PRAYER FOR THE ISSUANCE OF THE WRIT OF POSSESSION

17.  Being a flagship project of the National Government, the issuance of a writ of possession to facilitate plaintiff's immediate entry into the subject property to begin the construction of the BWP is of utmost urgency.

18.  The prompt implementation of the BWP is significant as it will lessen the country's dependence on oil as a primary energy source. And as the BWP will generate “clean electricity”, it will at the same time address the pressing need for the government to take a more active role in protecting and preserving the environment.

19.  In Metropolitan Cebu Water District (MCWD) v. J. King and Sons Company, Inc.,⁸ the Supreme Court held that, upon compliance with the guidelines set forth in Section 4 of R.A. No. 8974, the issuance of a writ of possession is a ministerial duty:

R.A. No. 8974 provides a different scheme for the obtention of a writ of possession.  The law does not require a deposit with a government bank; instead it requires the government to immediately pay the property owner.  The provisional character of this payment means that it is not yet final, yet, sufficient under the law to entitle the Government to the writ of possession over the expropriated property.  The provisional payment is a prerequisite and a trigger for the issuance of the writ of possession.  In Gingoyon, we held that:

It is the plain intent of Rep. Act No. 8974 to supersede the system of deposit under Rule 67 with the scheme of “immediate payment” in cases involving national government infrastructure projects.

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Rep. Act No. 8974 is plainly clear in imposing the requirement of immediate prepayment, and no amount of statutory deconstruction can evade such requisite.  It enshrines a new approach towards eminent domain that reconciles the inherent unease attending expropriation proceedings with a position of fundamental equity. While expropriation proceedings have always demanded just compensation in exchange for private property, the previous deposit requirement impeded immediate compensation to the private owner, especially in cases wherein the determination of the final amount of compensation would prove highly disputed.  Under the new modality prescribed by Rep. Act No. 8974, the private owner sees immediate monetary recompense, with the same degree of speed as the taking of his/her property.

[…]

Petitioner was supposed to tender the provisional payment directly to respondent during a hearing which it had failed to attend.  Petitioner, then, deposited the provisional payment with the court.  The trial court did not commit an error in accepting the deposit and in issuing the writ of possession.  The deposit of the provisional amount with the court is equivalent to payment.

Indeed, Section 4 of R.A. No. 8974 is emphatic to the effect that “upon compliance with the guidelines...the court shall immediately issue to the implementing agency an order to take possession of the property and start the implementation of the project.”  Under this statutory provision, when the government, its agencies or government-owned and controlled corporations, make the required provisional payment, the trial court has a ministerial duty to issue a writ of possession.  In Capitol Steel Corporation v. PHIVIDEC Industrial Authority, we held that:

Upon compliance with the requirements, a petitioner in an expropriation case...is entitled to a writ of possession as a matter of right and it becomes the ministerial duty of the trial court to forthwith issue the writ of possession.  No hearing is required and the court neither exercises its discretion or judgment in determining the amount of the provisional value of the properties to be expropriated as the legislature has fixed the amount under Section 4 of R.A. No. 8974. (emphasis ours)

It is mandatory on the trial court's part to issue the writ of possession and on the sheriff's part to deliver possession of respondent's property to petitioner pursuant to the writ.

20.The subject property’s current zonal value¹⁰ is pegged by the BIR Revenue District Office (RDO) No. 1, Laoag City at ₱ 50.00 per sq. m.

21.  In accordance with Section 9, Rule 67 of the 1997 Rules of Civil Procedure, plaintiff will deposit with the Honorable Court the amount of ₱ 1,000.00 – equivalent to one hundred percent (100%) of the subject portion’s value based on the current relevant zonal valuation – for the benefit of the person entitled thereto as may be adjudged by the Honorable Court in the same proceeding.

22. Upon compliance with the requirements, particularly upon the deposit of the payment with the Honorable Court, plaintiff is entitled to the issuance of a writ of possession as a matter of right.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the Honorable Court shall:

i.       ALLOW summons on private defendants to be served by publication in a newspaper of general circulation and in such places and for such time as the Honorable Court may order in accordance with Section 14, Rule 14 of the 1997 Rules of Civil Procedure.

ii.    Upon deposit with the Honorable Court the payment in an amount equivalent to one hundred percent (100%) of the subject portion’s value based on its current relevant zonal valuation, ISSUE, a writ of possession authorizing plaintiff to take immediate possession, control, and disposition thereof.

iii. After due notice and hearing, ISSUE and order of expropriation declaring that plaintiff has a lawful and exclusive right to occupy, possess, use and enjoy the subject portion for the public purpose described above, upon payment of just compensation.

iv.  Upon issuance of an order of expropriation, APPOINT three (3) competent and disinterested persons as commissioners to ascertain and report to the Honorable Court the just compensation to be paid for the subject portion, and

v.     After judgement of expropriation has been rendered, DIRECT public defendant to register the order of expropriation upon presentment and annotate a memorandum thereof on the pertinent tax declaration as a lien or encumbrance.

Other forms of relief just and equitable are likewise prayed for.

Makati City for the Municipality of Bangui, Ilocos Norte, September 15, 2014.

FLORIN T. HILBAY

Acting Solicitor General

Roll No. 44957

IBP Lifetime No. 08505

MCLE Exemption No. IV-001068, 5-14-13

THOMAS M. LARAGAN

Assistant Solicitor General

(On Official Travel)

Roll No. 38842

IBP Lifetime No. 09144, 04/29/10

MCLE Exemption No. IV-000051

(SGD) CARMINDA PUNZALAN - GAITE

Senior State Solicitor

(Officer-in-Charge, Antonio Barredo Div.)

Roll No. 41358

IBP O.R. No. 08431

MCLE Compliance No. IV-0016907, 4/17/13

(SGD) MARIA VICTORIA V. SARDILLO

State Solicitor

Roll No. 47226

IBP Lifetime No. 07223

MCLE Compliance No. IV-0018739

                                                                                                   

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street, Legaspi Village

Makati City

Tel. No. 813-0086

WHEREAS this Court in its Order dated November 04, 2014, issued an Order directing the publication in a newspaper of general circulation the summons upon the unknown heirs of Tita Gervacio

NOW THEREFORE, you defendants, unknown heirs of Tita Gervacio as owner of Lot No. 40402 is hereby summoned through this medium of publication, and therefore required to file with the Office of the Clerk of Court, Regional Trial Court of Bangui, Ilocos Norte at Justice Hall, Bangui, Ilocos Norte, your answer to the above-entitled case within sixty (60) days from the date of the last publication hereof, serving at the same time a copy of your answer upon the plaintiff’s counsels, Atty. Florin T. Hilbay, Atty. Thomas M. Laragan and Atty. Carminda O. Punzalan-Gaite and Atty. Maria Victoria V. Sardillo with office address at OFFICE OF THE SOLICITOR GENERAL, 134 Amorsolo St., Legaspi Village, Makati City.

Let this summons be published at the expense of the petitioner in a newspaper of general circulation once a week for two (2) consecutive weeks.

WITNESS THE HONORABLE ROSEMARIE V. RAMOS, Presiding Judge of this Court, this 6^th day of November 2014 at Bangui, Ilocos Norte, Philippines.

(SGD) MARGIE GINES-LAROYA

Clerk of Court VI

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¹Section 1, Article XII (National Economy and Patrimony) of the 1987 Constitution provides:

          SEC. 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged.

          The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competitions and trade practices.

          In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives and similar collective organizations, shall be encourage to broaden the base of their ownership.

²Otherwise known as the “Electric Power Industry Reform Act of 2001”.

³Otherwise known as the “Department of Energy Act of 1992”.

⁴http://www.doe.gov.ph/ER/Renergy.htm (accessed on December 6, 2010).

⁵Annex “A”.

⁶Annex “B” .

⁷Annex “C”.

⁸GR No. 175983, April 16, 2009, 585 SCRA 485

⁹Annex “E”

Nov. 10, 17, 2014*IT

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DEED OF ADJUDICATION

          Notice is hereby given that the intestate estate of the deceased SPOUSES ANGEL ASUNCION and ANDREA V. RUIZ consisting of four (4) parcels of land designated as Lot Nos. 68189, 63507, 63508 and 42456 under TD Nos. 8-028-01555, 08-040-00093, 08-040-00143 and 08-039-00612 containing an area of 811 sq. m., 302 sq. m., 137 sq. m. and 1,018 sq. m. situated at Banagan, Sangil and Pungto all of Bacarra, Ilocos Norte has been adjudicated by their heir ratified and acknowledged before Notary Public Juan Conrado A. Respicio II as per Doc. No. 133; Page No. 27; Bk. No. CCCLXXXV; S. of 2014,

Nov. 10, 17, 24, 2014*IT

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DEED OF ADJUDICATION WITH ABSOLUTE SALE

          Notice is hereby given that the intestate estate of the deceased LOURDES MADAMBA BARBA consisting of a parcel of land designated as Cad Lot No. 3406, Cad-307-D of the San Nicolas Cad. covered by Original Transfer Certificate of Title No. P-5695 containing an area of 1, 426 sq. m. situated at Barrio Payas, San Nicolas, Ilocos Norte has been adjudicated by her heirs and simultaneously sold to Zaldy P. de la Cruz ratified and acknowledged before Notary Public Michael D. Domingo as per Doc. No. 449; Page No. 45; Bk. No. CXXIII; S. of 2013.

Nov. 10, 17, 24, 2014*IT

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AFFIDAVIT OF CLAIM WITH WAIVER OF RIGHTS

          Notice is hereby given that the intestate estate of the deceased depositor PASTORA C. SALVANTE consisting of Savings Deposit Account with the PHILIPPINE VETERANS BANK – LAOAG BRANCH under Savings Account No. 590133-0443-00074 has been the subject of Affidavit of Claim with Waiver of Rights executed by her heirs in favor of Fredeswinda S. Peralta ratified and acknowledged before Notary Public Noel Domingo Concepcion as per Doc. No. 41; Page No. 09; Bk. No. LIV; S. of 2014.

Nov. 10, 17, 24, 2014*IT

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