Notices for February 2, 2015

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-

UNKNOWN HEIRS OF HELLICIER CARIAGA and the MUNICIPAL ASSESSOR OF PASUQUIN, ILOCOS NORTE,

Defendants.

CIVIL CASE NO. 2582-19

For: Expropriation

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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 Hellicier Cariaga, 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.       Section I, Rule 67 of the Rules of Civil Procedure provides:

Section 1. The Complaint- The right to 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.

4.      Corollarily, Section 14, Rule 3 of the 1997 Rules of Civil Procedure states:

Section 14. Unknown identity of 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.      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;

6.      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

7.      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 [...]

8.      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.

9.      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[…].”

10.   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.

11.     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.

12.    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 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.

14.   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.

15.    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.

16.   Private defendants claim an interest – based on Tax Declaration No. 08-0002-00685⁵- over Lot No. 90476, with an area of 1,754square meters (sq. m.), more or less, situated in Brgy. #2 Poblacion, Pasuquin, Ilocos Norte.

17.    Plaintiff seeks to expropriate a portion of the subject property, or the aggregate area of 1,042 sq. m., which will be needed as site⁶ for the implementation of the BWP.

18.   There is no permanent improvement constructed on the subject portion per the Certification⁷ issued by the Municipal Assessor of Pasuquin.

19.   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

20.  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.

21.    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.

22.  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.

23.   The subject property’s current zonal value¹⁰ is pegged by the BIR Revenue District Office (RDO) No. 1, Laoag City at PHP 35.00 per sq. m.

24.  During the hearing, plaintiff will tender payment to private defendants in the total amount of PHP 36,470.00, which is equivalent to one hundred percent (100%) of the subject portion’s value based on the current relevant zonal valuation.

25.   Upon compliance with the requirements, particularly the tender of payment to private defendants or, in case of their absence or refusal to accept, upon its deposit 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 tender of payment to private defendants, or upon its deposit with the Honorable Court – in case of their absence or refusal to accept - 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 of 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 Municipality of Bangui, Ilocos Norte, 15 October 2014.

FLORIN T. HILBAY

Acting Solicitor General

Roll No. 44957

IBP Lifetime No. 08505

MCLE Compliance 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) ABRAHAM D. GENUINO II

Associate Solicitor

Roll No. 60516

IBP Lifetime No. 915275, 1-3-14

MCLE Compliance No. IV-0014061, 3-27-13

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street, Legaspi Village

Makati City

Tel. Nos. 828-1487

WHEREAS this Court in its Order dated January 19, 2015 issued an  Order directing the publication in a newspaper of general circulation the summons to the UNKNOWN HEIRS OF HELLIECER CARIAGA considering that the private defendants are unknown.

NOW THEREFORE, the UNKNOWN HEIRS OF HELLIECER CARIAGA owner of Lot 90476 under Tax Declaration No. 08-0002-00685 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. Abraham Genuino II 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 29^th day of January 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.

²Otherwise 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

¹⁰Annex “E”

Feb. 2, 9, 2015*IT

_____________________________________________

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ILOCOS NORTE

FIRST JUDICIAL REGION

BRANCH 16, LAOAG CITY

IN RE: PETITION FOR THE CANCELLATION OF BIRTH RECORD/CERTIFICATE OF JHANIMINE LACAR IN THE OFFICE OF THE LOCAL CIVIL REGISTRAR OF LAOAG CITY, ILOCOS NORTE

VIRGILIO DANAO LORENZO

FOR AND IN BEHALF OF HIS MINOR DAUGHTER JHANIMINE LACAR,

Petitioner,

-versus-

THE LOCAL CIVIL REGISTRAR OF LAOAG CITY, ILOCOS NORTE AND THE NATIONAL STATISTICS OFFICE AND ALL OTHER PERSONS WHO HAVE OR MIGHT HAVE OR CLAIM TO HAVE ANY INTEREST THAT WOULD BE AFFECTED THEREBY,

Respondents.

SP. PROC. NO. 16588-16

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O R D E R

            A verified petition has been filed by the petitioner represented by his father Virgilio Danao Lorenzo thru counsel wherein he prayed that after due notice, publications and hearing, judgment be rendered ordering the respondent Local Civil Registrar of Laoag City to cancel second birth record/certificate of Jhanimine Lacar.

            Finding the petition to be sufficient in form and substance, the hearing of the same is hereby set on February 26, 2015 at 8:30 in the morning before this court sitting at the ground floor of the Marcos Hall of Justice, Laoag City.

            The Local Civil Registrar, Laoag City, the Civil Registrar General, Manila and any person having or claiming any interest under the entry whose correction is sought may, within fifteen (15) days from notice of the publication or from the last date of publication of this order filed his opposition thereto.

            Let a copy of this order be published once a week for three (3) consecutive weeks in a newspaper of general circulation and a copy of this order and the petition be furnished the Office of the City Prosecutor, the Local Civil Registrar, Laoag City, the Civil Registrar General, Manila and the Office of the Solicitor General, 134 Amorsolo St. Legaspi Village, Makati City.

            DONE in the City of Laoag this 16^th day of January, 2015.

(SGD) CONRADO A. RAGUCOS

Judge

Feb. 2, 9, 16, 2015*IT

_____________________________________________

EXTRAJUDICIAL SETTLEMENT OF ESTATE

            Notice is hereby given that the intestate estate of the late WELLINGTON D. CHUA who died on July 13, 2012 in Cabanatuan City, Nueva Ecija, consisting of his undivided one-eight ( 1/8 ) share on eight (8) parcels of land, the first two have improvements found thereon, situated in Batac, Ilocos Norte (now Batac City), covered and described under TCT Nos.  023-2011000021, 023-2011000023, 023-2012000111, 023-2012000112 and 023-2012000113, issued by the Registry of Deeds for the Province of Ilocos Norte, Batac City, Ilocos Norte has been extrajudicially adjudicated by his legal heirs in which they executed and ratified on April 7, 2014 before Notary Public Atty. Antonio A. Galang of Cabanatuan City, Nueva Ecija, designated as Doc. No. 287, Page No. 59, Book No. V, Series of 2014.

Feb. 2, 9, 16, 2015*IT

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DEED OF ADJUDICATION

            Notice is hereby given that the intestate estate of the late VICTOR D. DULDULAO consisting of a motor vehicle with franchise more particularly described as follows: Make- Honda; Type- Tricycle; Serial/Chassis No. KB503-023-024896; Plate No. TC-ZU 6265; Yr. Model- 2002; MV File No. 0124-38352; Cert. of Reg. No. 67932900 and LTO District Office-Laoag City has been adjudicated by his heir ratified and acknowledged before Notary Public Ferdinand M. Agustin as per Doc. No. 388; Page No. 79; Bk. No. XXXVII; S. of 2014.

Feb. 2, 9, 16, 2015*IT

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EXTRAJUDICIAL SETTLEMENT OF ESTATE

            Notice is hereby given that the intestate estate of the deceased PETER BAYED and LUDIVENCIO BAYED consisting of their share of a parcel of land designated as Lot 446, CAD 712-D, VLT covered by OCT No. 999 containing an area of 119,271 sq. m. located at Brgy. Poblacion, Nueva Era, Ilocos Norte has been adjudicated by their heirs extrajudicially designated as Lot 446-A, BSD-01-002113(AR) in the name of Luzviminda B. Bromeo containing an area of 19,878 sq. m. and Lot 446-D, Bsd-01-002113(AR) in the name of Karlo Angelo B. Lariego containing an area of 19,878 sq. m. ratified and acknowledged before Notary Public Melvyn T. Guillermo as per Doc. No. 844; Page No. 167; Bk. No. XXXIV; S. of 2014.

Feb. 2, 9, 16, 2015*IT

_______________________________________

DEED OF ADJUDICATION

            Notice is hereby given that the intestate estate of CORNELIUS LEONARDUS VAN SINT FEYTH who died at Laoag City on August 9, 2014 at Laoag City, consisting of Philippine National Bank Savings Account No. 159535900017 has been adjudicated by his partner LEONORA V. OASAN for herself and in behalf of their minor children HANS CHRISTIAAN VAN SINT FEYTH and HARVHIE LEONEL VAN SINT FEYTH as per Doc. No. 448; Page No. 90; Bk. No. LXVIII; Series of 2014 of Notary Public Francisco A. Musni.

Feb. 2, 9, 16, 2015*IT

_______________________________________

RA Form No. 10.1 (LCRO)

Republic of the Philippines

Local Civil Registry Office

Province of Ilocos Norte

Municipality of Vintar

NOTICE FOR PUBLICATION

            In Compliance with Section 5 of R.A. Act No. 9048, a notice is hereby served to the public that LUZ VEMELDA R. GAPUZAN has filed with this Office a petition for change of first name from “FERNANDO JESUS” to “FERNANDO” in the birth certificate of FERNANDO G. AGONOY, JR. who was born on September 26, 1962 at Vintar, Ilocos Norte and whose parents are Fernando Agonoy and Agustina Gapusan.

            Any person adversely affected by said petition may file his written opposition with this Office not later than February 16, 2015.

(SGD) MENELEO JOEY J. LEAÑO

Municipal Civil Registrar

Feb. 2-8, 9-15, 2015

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