Notices Dec. 15, 2014

Publication Notice

R.A. 10172

NOTICE TO THE PUBLIC

CFN-0009-2014 December 4, 2014

CCE-0053-2014

In Compliance with the publication requirement and pursuant to OCRG Memorandum Circular No. 2013-1 Guidelines in the Implementation of the Administrative Order No. 1 Series of 2012 (IRR on R.A. 10172), Notice is hereby served to the public that PERLITA GUZMAN BUYAT has filed with this Office, a petition for change of first name from “LOLITA” to “PERLITA”, and correction of entry in the child’s middle name from “I.” to “INCILLO”, child’s date of birth from “JULY 24, 1960” to “JUNE 9, 1960”, and mother’s last name from “INCILLA” to “INCILLO” in the Certificate of Live Birth of LOLITA I. GUZMAN at Badoc, Ilocos Norte and whose parents are Ambrosio Guzman and Fortunata Incilla (OCRG Copy)/Fortunata Incillo (MCRO Copy).

Any person adversely affected by said petition may file his written opposition with this Office not later than December 22, 2014.

(SGD) PABLO M. REYES

Municipal Civil Registrar

Dec. 8-14, 15-21, 2014*IT

________________________________________

Publication Notice

R.A. 10172

NOTICE TO THE PUBLIC

CCE-0095-2014 R.A. 10172 12 December 2014

Any person adversely affected by said petition may file his/her written opposition with this Office not later than December 29, 2014.

(SGD) FELIZA C. RATUITA

Municipal Civil Registrar

Dec. 15-21, 22-28, 2014*IT

________________________________________

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION

BRANCH 17, BATAC CITY, ILOCOS NORTE

IN RE: PETITION FOR THE CANCELLATION/CORRECTION OF ENTRY IN THE BIRTH RECORD/CERTIFICATE OF DELIA ASUNCION CHUA IN THE NATIONAL STATISTICS OFFICE ON THE ENTRY OF HER NAME FROM DELIA MAGDALENA CHUA TO DELIA ASUNCION CHUA, THE NAME OF HER MOTHER FROM TOMASA SEBASTIAN TO TOMASA ASUNCION AND CITIZENSHIP OF HER MOTHER FROM CHINESE TO FILIPINO,

DELIA ASUNCION CHUA-TIU

Petitioner,

-versus-

THE LOCAL CIVIL REGISTRAR OF BATAC CITY, ILOCOS NORTE AND THE CIVIL REGISTRAR GENERAL, MANILA.

Respondents.

SP. PROC. NO. 5481-17

x- - - - - - - -x

O R D E R

This is a verified Petition filed by petitioner Delia Asuncion Chua-Tiu through counsel, Atty. Richard L. Tumaneng praying to the Court to direct the Local Civil Registrar of Batac City, Ilocos Norte and the Civil Registrar General, Manila to make corrections in her birth record, particularly the following:

1) Under the column for name of child from DELIA MAGDALENA CHUA to DELIA ASUNCION CHUA;

2) Under the column for mother’s surname from TOMASA SEBASTIAN to TOMASA ASUNCION; and

3) Under the column for citizenship of mother from CHINESE to FILIPINO.

Finding the Petition to be sufficient in form and substance, the Court hereby sets the initial hearing on FEBRUARY 19, 2015 at 8:30 o’clock in the morning at the Session Hall of this Court located at the Hall of Justice, Batac City, Ilocos Norte, at which date, time and place, all interested parties may appear and show cause why the Petition should not be granted.

Let this Order be published at the expense of the petitioner once a week for three (3) consecutive weeks in a newspaper of general circulation in the Province of Ilocos Norte and in the City of Laoag.

Let copies of this Petition and this Order be furnished the Local Civil Registrar of Batac City, Ilocos Norte; the Civil Registrar General; the Prosecutor’s Office and the Solicitor General.

The Branch Clerk of Court is hereby directed to furnish the Office of the Clerk of Court with a copy of this Order for its publication in accordance with the provisions of Presidential Decree No. 1079.

SO ORDERED.

Given in Chambers, this 9^th day of December, 2014 at Batac City, Ilocos Norte, Philippines.

(SGD) ANGELO M. ALBANO

Judge

Dec.15, 22, 29, 2014*IT

________________________________________

REPUBLIC OF THE PHILIPPINES

OFFICE OF THE PROVINCIAL AND CITY SHERIFF

MARCOS HALL OF JUSTICE

LAOAG CITY

THE SAN MIGUEL FOODS, INC.

FEEDS BUSINESS,

Petitioner-Mortgagee,

-versus-

FELIX F. AGUINALDO,

Third Party Mortgagor and LERMA D. AGUINALDO,

Debtor.

Re: Extra-Judicial Foreclosure of Mortgaged Property under Act 3135, as amended

CASE NO. 32-2014

x- - - - - - - -x

NOTICE OF EXTRA-JUDICIAL SALE

Upon Extra-Judicial Petition for sale under Act 3135, as amended, filed by the SAN MIGUEL FOODS, INC. – FEEDS BUSINESS with principal office at 18^th floor, JMT Corporate Condominium, Ortigas Center, Pasig City against FELIX F. AGUINALDO a resident of Brgy. 2, Laoag City and LERMA D. AGUINALDO with postal address at Pagga, Ballesteros, Cagayan to satisfy the mortgage indebtedness in the amount not to exceed the mortgage amount and claim of herein petitioner-mortgagee in the amount of ONE MILLION SIX HUNDRED TWENTY THOUSAND PESOS ONLY (P1,620,000.00) pursuant to the authority extended under Act No. 3135, as amended by Act 4118, and in the manner and form authorized by law, exclusive of the expenses of this foreclosure, the undersigned or his duly authorized deputy will sell at public auction on January 8, 2015 at 10:00 o’clock in the morning or soon thereafter at the MAIN ENTRANCE OF THE LAOAG CITY HALL to the highest bidder, for cash and in Philippine Currency, the following real property together with all the improvements found thereon, to wit:

MORTGAGED PROPERTY:

TRANSFER CERTIFICATE OF TITLE NO. T-21127

Lot No. 11749-A, Psd-1-009743

A PARCEL OF LAND (LOT 11749-A, PSD-1-009743, BEING A PORTION OF LOT 11749, CAD 195, LAOAG CADASTRE, L.R.C. RECORD NO. 1206), SITUATED AT BO. SAN JOAQUINA, CITY OF LAOAG, ISLAND OF LUZON. xxx CONTAINING AN AREA OF THREE HUNDRED NINETY ONE SQUARE METERS AND SIXTY SIX SQUARE DECIMETERS (391.66).xxx IS REGISTERED IN ACCORDANCE WITH THE PROVISIONS OF THE LAND REGISTRATION ACT IN THE NAME OF FELIX F. AGUINALDO, WIDOW OF LEGAL AGE, FILIPINO CITIZEN AND A RESIDENT OF BRGY. NO. 2, LAOAG CITY, PHILIPPINES.

Prospective buyers may investigate for themselves the properties hereunder above described and encumbrances thereon, if any there be.

In the event the public auction sale should not take place on the said date, it shall be held on January 15, 2015 without further notice.

Laoag City, December 5, 2014.

ZALDY P. DE LA CRUZ

Provincial and City Sheriff Ex-Officio

BY: (SGD) NORIEL R. HILARIO

Sheriff IV

Dec.15, 22, 29, 2014*IT

________________________________________

AFFIDAVIT OF LOSS AND UNDERTAKING

Notice is hereby given that TRINIDAD V. ANCHETA is a planholder of LOYOLA PLANS CONSOLIDATED, INC. having been issued a Contract No. 289103-6 Life Plan with Certificate of Ownership/Full Payment No. 1001283, that said Contract and Certificate of Ownership/Full Payment was inadvertently lost due to negligence, that she exerted all means to locate the same but all her efforts proved futile, that she executed this Affidavit and Undertaking for the purpose of attesting to the veracity and truth of all the facts herein above-mentioned, and she hereby and voluntarily, agree to the above undertaking as a condition to the issuance of a Contract or Certificate of Ownership/Full Payment in her name ratified and acknowledged before Notary Public Cherrie Grace P. Bareng as per Doc. No. 258; Page No. 52; Bk. No. XIII; S. of 2014.

Dec.15, 22, 29, 2014*IT

________________________________________

DEED OF ADJUDICATION

Notice is hereby given that the intestate estate of the late LEANDRO BUENO consisting of a parcel of land designated as Lot No. 1141, part, Survey No. CAD 574-D under TD No. 08-0002-13412 with improvements thereon containing an area of 810 sq. m. situated in Brgy. Juan, Solsona, Ilocos Norte has been adjudicated by his heirs Constante Bueno and Elvira Tipon ratified and acknowledged before Notary Public Millicent Smith as per Doc. No. 026; Page No. 6; Bk. No. XII; S. of 2014 and Notary Public Melvyn Guillermo as per Doc. No. 753; Page No. 149; Bk. No. XXXIV; S. of 2014.

Dec.15, 22, 29, 2014*IT

________________________________________

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 CRISTINO CURAMMENG and the MUNICIPAL ASSESSOR OF PASUQUIN, ILOCOS NORTE,

Defendants.

CIVIL CASE NO. 2268-19

For: Expropriation

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

A M E N D E D C O M P L A I N T

(With Prayer for the Issuance of a Writ of Possession)

(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 Cristino Curammeng, 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 in relation to Section 14, Rule 3 of the 1997 Rules of 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, including the private sector, optimum opportunity to develop the country’s 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. Republic Act (R.A.) No. 9136²declares 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 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 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. 08-0016-00560⁵- over Lot No. 30563, with an area of 792 square meters (sq. m.), more or less, situated in Brgy. 16, Carusipan, Pasuquin, Ilocos Norte.

15. Plaintiff seeks to expropriate a portion of the subject property, or the aggregate area of 300 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.

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 project.

xxx

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.

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 value⁹ is pegged by the BIR Revenue District Office (RDO) No. 1, Laoag City at PHP 60.00 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 PHP 18,000.00 ‑ 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 defendant 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 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 an 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 judgment 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 under the premises are likewise prayed for.

Makati City for 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

(SGD) THOMAS M. LARAGAN

Assistant Solicitor General

Roll No. 38842

IBP Lifetime No. 09144, 04/29/10

MCLE Exemption No. IV-000051, 5/16/12

(SGD) JENNIFER P. HERNANDEZ-LA TORRE

State Solicitor II

Roll No. 53611

IBP Lifetime No. 08992, 3/29/10

MCLE Compliance No. IV-0016914- 4/17/13

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street, Legaspi Village

Makati City

Tel. Nos. 8186301 to 09

WHEREAS this Court in its Order dated December 1, 2014 issued an Order directing the publication in a newspaper of general circulation the summons to the UNKNOWN HEIRS OF CRISTINO CURAMMENG.

NOW THEREFORE, the UNKNOWN HEIRS OF CRISTINO CURAMMENG as owner of Lot 30563 under Tax Declaration No. 08-0016-00560 are 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. Jennifer P. Hernandez-La Torre 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 11^th day of December 2014 at Bangui, Ilocos Norte, Philippines.

(SGD) MARGIE GINES-LAROYA

Clerk of Court VI

_____________________

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.

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

³An act creating the Department of Energy, rationalizing the Organizations and Functions of Government Agency related to Energy and for the purposes

⁵Annex “A”.

⁶Annex “B”

⁷Annex “C”.

⁸585 SCRA 485 (2009)

⁹Annex “E”

Dec. 15, 22, 2014*IT

________________________________________

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 BUENAVENTURA BULOSAN and the MUNICIPAL ASSESSOR OF PASUQUIN, ILOCOS NORTE,

Defendants.

CIVIL CASE NO. 2297-19

For: Expropriation

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

A M E N D E D C O M P L A I N T

(With Prayer for the Issuance of a Writ of Possession)

(Summons by Publication)

PLAINTIFF, by counsel, respectfully states:

2. Private defendants, are the unknown surviving heirs, if any, of Buenaventura Bulosan, 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 in relation to Section 14, Rule 3 of the 1997 Rules of Civil Procedure.

2.1 Section I, Rule 67 of the Rules of Civil Procedure provides:

Section 1. The complaint. — The right of eminent domain shall be exercised by the filing of a verified complaint which shall state with certainty the right and purpose of expropriation, describe the real or personal property sought to be expropriated, and join as defendants all persons owning or claiming to own, or occupying, any part thereof or interest therein, showing, so far as practicable, the separate interest of each defendant. If the title to any property sought to be expropriated appears to be in the Republic of the Philippines, although occupied by private individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners, averment to that effect shall be made in the complaint.

2.2 On the other hand, Section 14, Rule 3 of the same Rules provides:

Section 14. Unknown identity or name of defendant. — Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner heir devisee, or by such other designation as the case may require, when his identity or true name is discovered, the pleading must be amended accordingly.

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

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.

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. 08-008-00320⁵- over Lot No. 180266 with an area of 452 square meters (sq. m.), more or less, situated in #17 Basuir, Ngabangab, Pasuquin, Ilocos Norte.

15. Plaintiff seeks to expropriate a portion of the subject property, or the aggregate area of 41 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.

17. Plaintiff negotiated⁸ with private defendants for the acquisition of the exclusive right to occupy, possess, use and enjoy the subject property but private defendants declined and continue to decline the offer.

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

18. 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.

19. 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.

20. 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:

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 project.

xxx

[…]

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.

21. The subject property’s current zonal value⁹ is pegged by the BIR Revenue District Office (RDO) No. 1, Laoag City at PHP 40.00 per sq. m.

22. In accordance with Section 9, Rule 67 of the 1997 Rules of Civil Procedure, plaintiff will deposit with the Honorable Court the amount of PHP 1,640.00 which is 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.

23. Upon compliance with the requirements, particularly upon 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:

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

Makati City for Bangui, Ilocos Norte, October 2, 2014.

FLORIN T. HILBAY

Acting Solicitor General

Roll No. 44957

IBP Lifetime No. 08505

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

(SGD) THOMAS M. LARAGAN

Assistant Solicitor General

Roll No. 38842

IBP Lifetime No. 09144, 04/29/10

MCLE Exemption No. IV-000051, 5/16/12

(SGD) JENNIFER P. HERNANDEZ-LA TORRE

State Solicitor II

Roll No. 53611

IBP Lifetime No. 08992, 3/29/10

MCLE Compliance No. IV-0016914- 4/17/13

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street, Legaspi Village

Makati City

Tel. Nos. 8186301 to 09

WHEREAS this Court in its Order dated December 1, 2014 issued an Order directing the publication in a newspaper of general circulation the summons to the UNKNOWN HEIRS OF BUENAVENTURA BULOSAN.

NOW THEREFORE, the UNKNOWN HEIRS OF BUENAVENTURA BULOSAN as owner of Lot No. 180266 under Tax Declaration No. 08-008-00320 are 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. Jennifer P. Hernandez-La Torre 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 11^th day of December 2014 at Bangui, Ilocos Norte, Philippines.

(SGD) MARGIE GINES-LAROYA

Clerk of Court VI

_____________________

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

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

³An Act Creating the Department of Energy, Rationalizing the Organization and Functions of Government Agencies Related to Energy and for the Purposes

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

⁵Annex “A”.

⁶Annex “B”

⁷Annex “C”.

⁸Annex “D” (Final offer by the DOE to Private Defendants).

⁹585 SCRA 485 (2009)

¹⁰Annex “E”

Dec. 15, 22, 2014*IT

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The Ilocos Times

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Notices Dec. 15, 2014

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