Publication Notice
R.A. 10172
Republic of the Philippines
Local Civil Registry Office
Province of Ilocos Norte
Municipality of Paoay
NOTICE
FOR PUBLICATION
CCE-0069-2014 R.A. 10172 January
29, 2015
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
JOSEPH OAMIL ACDAL has filed with this Office a petition for correction of
entry in the date of birth from “JUNE 7, 1965” to “JUNE 2, 1965”, the mother’s
first name from “JOSEPHINA” to “JOSEFINA” and the parents’ date of marriage
from “1959” to “JANUARY 28, 1959” in the Certificate of Live Birth of JOSEPH O.
ACDAL at Paoay, Ilocos Norte and whose parents are Modesto Acdal and Josephina
Oamil.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than February 23, 2015.
(SGD) ROBERT M. GUIEB
Municipal Civil Registrar
Feb. 9-15, 16-22, 2015*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-
JOHN DOE and the MUNICIPAL ASSESSOR OF
PASUQUIN, ILOCOS NORTE,
Defendants.
CIVIL CASE NO. 2595-19
For: Expropriation
x------------------------------x
C O M P L A I N T
(Summons by Publication)
(With
Prayer for the Service of Summons by Publication and the Issuance of a Writ of
Possession)
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 defendant John Doe is a
claimant of the property which is the subject of this case. His true name and
address is unknown and despite diligent inquiry, cannot be ascertained. He is
being impleaded in accordance with Section 1, Rule 67 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. 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 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 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
defendant claims an interest – based on Tax Declaration No. 08-0005-015395-
over Lot No. 321377, with an area of 96 square meters (sq. m.), more or less,
situated in Brgy. #5, Davila, Pasuquin, Ilocos Norte.
15. Plaintiff
seeks to expropriate a portion of the subject property, or the aggregate area
of 46 sq. m., which will be needed in the implementation of the BWP6.
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 Thrity (Php 30.00) 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 1,380.00 ‑ 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 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 an order of expropriation be issued 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.
Such
further or other forms of relief as may be deemd just and equitable under the
premises are likewise prayed for.
Makati
City for the Municipality of Bangui,
Ilocos Norte, October 20, 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
(SGD)
ISAR O. PEPITO
Associate
Solicitor
Roll No.
57623
IBP
Lifetime No. 09123, 04/23/10
MCLE
Compliance No. IV-0018851, 04/25/13
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo St., Legaspi Village
Makati City
Telephone Nos. (632) 818-6301 to
09
Fax No. (632) 813-7552
www.osg.gov.ph
WHEREAS
this Court in its Order dated February 5, 2015 issued an Order directing the publication in a
newspaper of general circulation the summons upon defendant John Doe considering
that the claimant of the unregistered parcel of land subject to the present
case under Tax Declaration 08-0005-01539, over Lot No. 321377 with an area of
Ninety Six (96) square meters (sq. m.), situated at Brgy. #5 Davila, Pasuquin,
Ilocos Norte. His true name and address is unknown,; despite diligent inquiry,
cannot be ascertained. He is being impleaded in accordance with Section 1, Rule
67 of the 1997 Rules of Civil Procedure.
NOW
THEREFORE, you defendant JOHN DOE as claimant of Lot No. 321377 under Tax
Declaration No. 08-0005-01539 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. Thomas M. Laragan and Atty.
Isar O. Pepito 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 5th
day of February 2015 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”.
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”.
8585 SCRA 485 (2009)
9Annex “D”
Feb. 9, 16, 2015*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-
JOHN DOE and the MUNICIPAL ASSESSOR OF
PASUQUIN, ILOCOS NORTE,
Defendants.
CIVIL CASE NO. 2594-19
For: Expropriation
x------------------------------x
C O M P L A I N T
(Summons by Publication)
(With
Prayer for the Service of Summons by Publication and the Issuance of a Writ of
Possession)
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 defendant John Doe is a
claimant of the property which is the subject of this case. His true name and
address is unknown and despite diligent inquiry, cannot be ascertained. He is
being impleaded in accordance with Section 1, Rule 67 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. 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 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 Province of Ilocos Norte 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
defendant claims an interest – based on Tax Declaration No. 08-0005-015005-
over Lot No. 321363, with an area of 446 square meters (sq. m.), more or less,
situated in Brgy. #5, Davila, Pasuquin, Ilocos Norte.
15. Plaintiff
seeks to expropriate a portion of the subject property, or the aggregate area
of 445 sq. m., which will be needed in the implementation of the BWP6.
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 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 Thrity (Php 30.00) 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 13,350.00 ‑ 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 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 an order of expropriation be issued 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.
Such
further other forms of relief as may be deemd just and equitable under the
premises are likewise prayed for.
Makati
City for the Municipality of Bangui,
Ilocos Norte, October 20, 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
(SGD)
ISAR O. PEPITO
Associate
Solicitor
Roll No.
57623
IBP Lifetime
No. 09123, 04/23/10
MCLE
Compliance No. IV-0018851, 04/25/13
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo St., Legaspi Village
Makati City
Telephone Nos. (632) 818-6301 to
09
Fax No. (632) 813-7552
www.osg.gov.ph
WHEREAS
this Court in its Order dated February 5, 2015 issued an Order directing the publication in a
newspaper of general circulation the summons upon defendant John Doe
considering that the claimant of the unregistered parcel of land subject to the
present case under Tax Declaration 08-0005-01500, over Lot No. 321363 with an
area of Four Hundred Forty Six (446) square meters (sq. m.), situated at Brgy.
#5 Davila, Pasuquin, Ilocos Norte. His true name and address is unknown,;
despite diligent inquiry, cannot be ascertained. He is being impleaded in
accordance with Section 1, Rule 67 of the 1997 Rules of Civil Procedure.
NOW
THEREFORE, you defendant JOHN DOE as claimantof Lot No. 321363 under Tax
Declaration No. 08-0005-01500 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. Thomas M. Laragan and Atty.
Isar O. Pepito 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 5th
day of February 2015 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”.
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”.
8585 SCRA 485 (2009)
9Annex “D”
Feb. 9, 16, 2015*IT
____________________________________________
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 11, LAOAG CITY
IN RE: PETITION FOR THE ADOPTION OF THE MINOR
JEA JENN C. CALIVO
SPOUSES JAYSON B. AGPOON AND EDITHA
CALIVO-AGPOON
Petitioners.
Sp. Proc. No. 16440
x- - - - - - - -x
O R D E R
Filed with this
Court is a verified petition for the adoption of the minor Jea Jenn C. Calivo
by Spouses Jayson B. Agpoon and Editha Calivo-Agpoon of Barangay 5, Vintar,
Ilocos Norte, Philippines. If the petition is granted, the registered name of
the minor will be Jea Jenn Calivo Agpoon.
Finding the
petition to be sufficient in form and substance, the Court hereby sets the
hearing of the petition on March 23, 2015 at 8:30 A.M. at the Regional Trial
Court, Marcos Hall of Justice, Branch 11, Laoag City at which date, time and
place, any interested person may appear and show cause why the petition should
not be granted.
Let a copy of
this Order be published once a week for three (3) consecutive weeks in any
newspaper of general circulation in the province of Ilocos Norte and Laoag City
at the expense of the petitioner.
Let a copy of
this Order be furnished the Solicitor General through the Provincial Prosecutor
pursuant to the Rule on Adoption (A.M. No. 02-6-02-SC) effective August 22,
2002.
SO ORDERED.
Done in the City
of Laoag, this 23rd day of January, 2015.
(SGD)
PERLA B. QUERUBIN
J u d g e
Feb. 9, 16, 23, 2015*IT
________________________________________________
AFFIDAVIT OF CLAIM WITH WAIVER OF RIGHTS
Notice is hereby
given that the intestate estate of the deceased depositor NEMESIA ABANTO
consisting of Savings Account with the PHILIPPINE VETERANS BANK- LAOAG BRANCH
under Savings Account No. 0044-330012-100 has been the subject of Affidavit of
Claim with Waiver of Rights executed by her heirs in favor of CLAUDIA
ABANTO-CRUZ ratified and acknowledged before Notary Public Franklin Dante A.
Respicio as per Doc. No. 127; Page No. 26; Bk. No. LIX; S. of 2015.
Feb. 9, 16, 23, 2015*IT
________________________________________________
DEED OF ADJUDICATION WITH SALE
Notice is hereby
given that the intestate estate of the late VIVENCIO MIGUEL consisting of 2/5
share of a parcel of land designated as Lot No. 10158 of the Laoag Cad. covered
by TCT No. (T-5787)-2664 containing an area of 411 sq. m. situated in the
Poblacion (Barrio of San Andres), Municipality of Laoag has been adjudicated by
his heir and simultaneously sold to Florandee Paul N. Domingo the 2/5 share
equivalent to 164.4 sq. m. of the above-described parcel of land ratified and
acknowledged before Notary Public Edward M. Ulep as per Doc. No. 237; Page No.
48; Bk. No. CII; S. of 2014.
Feb. 9, 16, 23, 2015*IT
________________________________________________
WAIVER OF RIGHTS
Notice is hereby
given that Florenda P. Domingo, Melia Rizalina D. Antolin, Luzviminda D.
Barlan, Jean D. Eugenio, Shirley D. Cardenas, Madonna P. Domingo, Ruth P.
Domingo, and Claire P. Domingo are all heirs of the deceased DANNY P. DOMINGO,
that said deceased is the declared owner of a motor vehicle registered with the
Land Transportation Office, which vehicle is more particularly described
hereunder to wit: MV File No. 0124-00000081236; Engine No. KB509E051859; Piston
Displacement- 155; Fuel- Gas; Series- TMX1559; Year Model- 2009; Denomination-
Tricycle; Chassis No. KB509051853; No. of Cylinders- 1; Make- Honda and Body
Type- Motorcycle, that for and in consideration of their love and affection
they do hereby waive all their rights, claims and interests over the above-described
motor vehicle in favor of Larry Bert P. Domingo ratified and acknowledged
before Notary Public Edward M. Ulep as per Doc. No. 70; Page No. 14; Bk. No.
CXIV; S. of 2015.
Feb. 9, 16, 23, 2015*IT
________________________________________________
Comments
Post a Comment