RA Form No. 10.1 (LCRO)
Republic of the Philippines
Local Civil Registry Office
Province of Ilocos Norte
Municipality of Sarrat
NOTICE
FOR PUBLICATION
In compliance
with Section 5 of R.A. Act No. 9048, a notice is hereby served to the public
that PACENCIA AGNI MIGUEL has filed with this Office a petition for change of
first name from “OPILIA” to “OFELIA” in the birth certificate of OPILIA AGNI
MIGUEL who was born on 18 January 1954 at Sarrat, Ilocos Norte and whose
parents are Gil Miguel and Pacencia Agni.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than April 6, 2015.
(SGD) JOAN A. DUQUE
Municipal Civil Registrar
March 23-29, March 30-April 5, 2015*IT
_________________________________________________________
Publication Notice
RA 10172
Republic of the Philippines
Local Civil Registry Office
Province of Ilocos Norte
Municipality of Paoay
NOTICE
FOR PUBLICATION
CCE-0013-2015 R.A.
10172 March
18, 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 2102 (IRR on R.A. 10172) Notice is hereby served to the public that
BENEDICTO BARAOED TAROMA has filed with this Office a petition for Change of
First Name from “BENNY” to “BENEDICTO” and correction of clerical error in the
child’s date of birth from “8 18, 1955” to “AUGUST 5, 1955” in the Certificate
of Live Birth of BENNY TAROMA, at Paoay, Ilocos Norte and whose parents are Constancio
Taroma and Maria Baraoed.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than April 6, 2015.
(SGD) ROBERT M. GUIEB
Municipal Civil Registrar
March 23-29, March 30-April 5, 2015*IT
_________________________________________________________
R.A. 9048 Form No. 10.1 (LCRO)
Republic of the Philippines
Local Civil Registry Office
Province of Ilocos Norte
Municipality of Pasuquin
NOTICE
FOR PUBLICATION
In compliance
with Section 5 of R.A. Act No. 9048, a notice is hereby served to the public
that ERLINDA M. GALIZA has filed with this Office a petition for change of
first name from “LINDA,NENITA” to “ERLINDA” in the birth certificate of
LINDA,NENITA MADAMBA who was born on October 4, 1958 at Pasuquin, Ilocos Norte
and whose parents are Vicente Madamba and Filipinas Udaundo.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than April 6, 2015.
(SGD) FELIZA C. RATUITA
Municipal Civil Registrar
March 23-29, March 30-April 5, 2015*IT
_________________________________________________________
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 17, BATAC CITY, ILOCOS NORTE
IN RE: PETITION FOR THE
ANNULMENT/CANCELLATION OF THE RECORD OF BIRTH OF MARIVIC ULEP y CAJIMAT IN THE
OFFICE OF THE LOCAL CIVIL REGISTRY (LCR) OF PAOAY, ILOCOS NORTE,
MARIVIC ULEP y CAJIMAT,
Petitioner,
-versus-
THE LOCAL CIVIL REGISTRAR OF PAOAY, ILOCOS
NORTE, THE CIVIL REGISTRAR-GENERAL, NATIONAL STATISTICS OFFICE, QUEZON CITY AND
ALL PERSONS WHO MAY OR HAVE ADVERSE INTEREST,
Respondents.
SP. PROC. NO. 5489-17
x- - - - - - - -x
O R D E R
This is a
verified Petition filed by petitioner Marivic Ulep y Cajimat through counsel,
Atty. Mariegold A. Cabrales praying to the Court to direct the Local Civil
Registrar of Paoay, Ilocos Norte and the National Statistics Office, Quezon
City to cancel her birth records entered under Local Civil Registry of Paoay,
Ilocos Norte appearing on page 0028 of book number 007, Registry No. 184.
Finding the Petition
to be sufficient in form and substance, the Court hereby set the initial hearing
on APRIL 7, 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 Paoay,
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 2nd day of March, 2015 at Batac City, Ilocos Norte,
Philippines.
(SGD)
ANGELO M. ALBANO
Judge
March 23, 30, April 6, 2015*IT
_________________________________________________________
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 19
Bangui, Ilocos Norte
GEMMA MARIE ALHAMA-AMI,
Petitioner,
-versus-
FROILAN R. AMI II,
Respondent.
SPEC. PROC. NO. 2553-19
x------------------------------x
S U M M O N S
(By Publication)
PETITION
FOR SOLE CUSTODY
PETITONER,
through the undersigned counsel, and unto this Honorable Court, most
respectfully alleges that:
1.
Petitioner is of legal age, married, Filipino
citizen and resident of Brgy. San Lorenzo, Bangui, Ilocos Norte, while
respondent is also of legal age, married, and also a resident of 42-S, Parinas
St., Bahay Toro Project 8, Quezon City; where they may be served with summons and
other court processes;
2.
Petitioner and respondent were married on
September 10, 1999 before the Regional Trial Court, Branch 16, Laoag City,
Ilocos Norte but the same marriage was annulled on December 23, 2008 which was
granted by the Honorable Court of Bangui, Ilocos Norte under Civil Case No.
988-19 as evidenced by hereto attached Certificate of Marriage marked as Annex
“A”, Court Decision for Nullity of Marriage marked as Annex “B” and Certificate
of Finality marked as Annex “C”, respectively;
3.
As a fruit of their union, the parties begot
two children named GERI MARRIELLE A. AMI, born on October 6, 1999 and FROILAN
IMARX A. AMI III, born on November 20, 2003 as evidenced by hereto attached
Certificates of Live Birth marked as Annex “D” and Annex “E”, respectively;
4.
During the subsistence of their marriage,
petitioner became the breadwinner of the family while the respondent remained
neglectful with his duties and responsibilities and remains as abusive spouse
and a father.
5.
The respondent abandoned the petitioner and
his two children. He never gave any financial support nor communicated to his
family since then, hence, all the parental responsibilities were left on the
shoulder of the petitioner;
6.
Thus, petitioner does not have any recourse
than to file this instant action to take sole custody of said children since
the respondent is no longer with his two children as indicated by acts of
failing to provide financial support to his minor children for fifteen (15)
years, his non-communication with them, his failure to visit his children even
just for once, and his refusal to participate to fulfill his fatherly duties
and obligations towards them.
WHEREFORE,
premises considered it is most respectfully and humbly prayed of this Honorable
Court that herein petition be GRANTED and the sole custody and parental
authority be given to the petitioner
.
Other reliefs,
just and equitable under the premises are likewise prayed for.
Respectfully
submitted.
November 15,
2014, Laoag City, for Bangui, Ilocos Norte, Philippines.
MICHAEL
M. GARCES
Counsel for the Petitioner
Roll fo
Attorneys No. 54898-4/30/2008
I.B.P.
No. 938132-I.N. 1/3/14
P.T.R.
No. 1542970-I.N. 1/13/14
MCLE
Compliance No. IV-0006479, June 26, 2012
Address:
Garces Law Office, Room 825, 80-888 Realty Building Gen. Luna cor. Balintawak
Sts., 2900 Laoag City
WHEREAS this Court in its
Order dated March 16, 2015 issued an
Order directing the publication in a newspaper of general circulation
the summons upon respondent FROILAN R. AMI II considering that respondent was
not personally served summons and copy of the petition on the ground that
respondent is no longer residing at the given address.
NOW THEREFORE, you respondent, FROILAN R. AMI II 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 thirty(30) days from the date of the last publication hereof,
serving at the same time a copy of your answer upon the petitioner’s counsel,
Atty. Michael Garces, with office address at Garces Law Office, Rm 825, 80-888
Realty Bldg. Gen. Luna cor. Balintwak Sts., Laoag 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 19th day of March 2015 at Bangui, Ilocos Norte,
Philippines.
(SGD) MARGIE GINES-LAROYA
Clerk of Court VI
March 23, 30, 2015*IT
_________________________________________________
DEED OF ADJUDICATION WITH SALE
Notice is hereby
given that the intestate estate of the late MARIA S. MARCOS and VENANCIO J.
MARCOS consisting of forty-four (44) parcels of land designated as Lot Nos. 1,
2, 3, 4, 5, 6, 7, 8. 9, 10, 11, 12, 13 ,14, 15 all of Psu-146393, and Lot Nos.
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28 and 29 all of Psu-178684 covered by OCT Nos. P-1462 and
P-1722 containing an area of 351 sq. m., 1,023 sq. m., 262 sq. m., 2,828 sq.
m., 231 sq. m., 2,240 sq. m., 954 sq. m., 186 sq. m., 268 sq. m., 344 sq. m.,
1,099 sq. m., 533 sq. m., 943 sq. m., 2,044 sq. m., 1,233 sq. m., 268 sq. m.,
423 sq. m., 175 sq. m., 447 sq. m., 480 sq. m., 369 sq. m., 2,585 sq. m., 3,082
sq. m., 879 sq. m., 1,652 sq. m., 5,128 sq. m., 1,866 sq. m., 77 sq. m., 192
sq. m., 143 sq. m., 454 sq. m., 656 sq. m., 1,093 sq. m., 1,379 sq. m., 1,485 sq. m., 1,456 sq. m., 145 sq. m., 119
sq. m., 1,285 sq. m., 1,206 sq. m., 1,535 sq. m., 438 sq. m., 685 sq. m. and
673 sq. m. all situated in Barrio of Lanas (now Baresbes), Municipality of
Dingras, Ilocos Norte has been adjudicated by their heirs and simultaneously
sold to Rodolfo B. Miranda the fifteen (15) above-described parcels of land
designated as Lot No. 1 up to Lot No. 15 covered by OCT No. P-1462 and thirteen
parcels of land designated as Lot Nos. 1, 3, 7, 9, 11, 12, 13, 15, 19, 25, 26,
27 and 29 covered by OCT No. P-1722 ratified and acknowledged before Notary
Public Francisco A. Musni as per Doc. No. 338; Page No. 68; Bk. No. LXX; S. of
2015.
March 23, 30, April 6, 2015*IT
_________________________________________________________
DEED OF ADJUDICATION WITH QUITCLAIM
Notice is hereby
given that the intestate estate of the late FRANCISCO MANUEL GUERRERO
consisting of a motor vehicle which is more particularly described as follows:
Make- Honda; Chassis No. KB508030727; Model- 2007; Engine No. KB508E030730;
Type- MC; Plate No. XJ1530; Color- Red and File No. 0124-00000072433 has been
the subject of Deed of Adjudication with Quitclaim executed by his heirs in
favor of Ma. Leda P. Guerrero ratified and acknowledged before Notary Public
Noel Domingo-Concepcion as per Doc. No. 127; Page No. 26; Bk. No. LIV; S. of
2014.
March 23, 30, April 6, 2015*IT
_________________________________________________________
DEED OF ADJUDICATION WITH CONSOLIDATION AND
PARTITION
Notice is hereby
given that the intestate estate of the late SPS. FILIPINAS S. BELARMINO and
ISAAC BELARMINO consisting of three (3) parcels of land designated as Lot Nos.
13982, 14030 and 14269 all of Cad-398 under OCT Nos. P-19083, P-19084 and
P-20397 containing an area of 728 sq. m., 1,027 sq. m. and 599 sq. m. all
located at Brgy. Quiling Sur, Batac, Ilocos Norte has been the subject of Deed
of Adjudication with Consolidation and Partition executed by their heirs
ratified and acknowledged before Notary Public Da Vinci M. Crisostomo as per
Doc. No. 421; Page No. 86; Bk. No. CCXC; S. of 2014.
March 23, 30, April 6, 2015*IT
_________________________________________________________
DEED OF ADJUDICATION WITH QUITCLAIM
Notice is hereby
given that the intestate estate of the late JOHN COOPER consisting of a parcel
of land designated as Lot 4-E, PSD-01-085123, being a portion of Lot 4,
PCS-01-00104089 under TCT No. 023-2013000091 containing an area of 250 sq. m.
located at Brgy. Torre, Currimao, Ilocos Norte has been the subject of
Adjudication with Quitclaim executed by his heir in favor of Apolinario A.
Calacal ratified and acknowledged before Notary Public Da Vinci M. Crisostomo
as per Doc. No. 471; Page No. 96; Bk. No. CCXXXVI; S. of 2014.
March 23, 30, April 6, 2015*IT
_________________________________________________________
AFFIDAVIT OF RELEASE AND QUITCLAIM WITH
INDEMNITY UNDERTAKING
Notice is hereby
given that the intestate estate of the late SILVESTRE M. ANDRES consisting of a
bank deposit with BANCO DE ORO UNIVERSAL BANK under S/A No. 105190074790 has
been the subject of Affidavit of Release and Quitclaim with Indemnity
Undertaking executed by his heir ratified and acknowledged before Notary Public
Emilio Edgar V. Doloroso Jr. as per Doc. No. 82; Page No. 17; Bk. No. XXVII; S.
of 2013.
March 23, 30, April 6, 2015*IT
_________________________________________________________
AFFIDAVIT OF CLAIM WITH WAIVER OF RIGHTS
Notice is hereby
given that the intestate estate of the deceased depositor ROSALINA MENOR ALIPIO
consisting of a bank deposits with PHILIPPINE NATIONAL BANK-LAOAG BRANCH under
Savings Account No. 0044 329171 102 and Time Deposit No. 2018628 has been the
subject of Affidavit of Claim with Waiver of Rights executed by his heirs in
favor of Eleazar Tito M. ALipio ratified and acknowledged before Notary Public
Reynaldo A. Corpuz as per Doc. No. 224; Page No. 45; Bk. No. LXIX; S. of 2015.
March 23, 30, April 6, 2015*IT
_________________________________________________________
DEED OF ADJUDICATION WITH SALE
Notice is hereby
given that the intestate estate of the late SERGIA CAMPOS consisting of a
parcel of land designated as Lot No. 25054, Cad-195 (F-3-1-160) covered by OCT
No. P-949 containing an area of 311 sq. m. situated in the Barrio of Sta.
Angela (now Brgy. 10, San Jose), City of Laoag has been adjudicated by her
heirs and simultaneously sold to Hari A. Apostol the entirety of the
above-described parcel of land ratified and acknowledged before Notary Public
Francisco A. Musni as per Doc. No. 154; Page No. 31; Bk. No. LXXI; S. of 2015.
March 23, 30, 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-
ANITA BULOSAN and the MUNICIPAL ASSESSOR OF
PASUQUIN, ILOCOS NORTE,
Defendants.
CIVIL CASE NO. 2536-19
For: Expropriation
x------------------------------x
C O M P L A I N T
(Summons
by Publication)
PLAINTIFF, by counsel, respectfully states:
2.
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.
3.
Private defendants, Anita
Bulosan, is of legal age, Filipino and a resident of Barangay 30, Cadaratan,
Bacarra, Ilocos Norte where she may be served with judicial processes.
4.
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;
5.
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
6.
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 [...]
7.
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.
8.
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[…].”
9.
To complement the mandate of the
DOE, Executive Order (E.O.) No. 462, Series of 1997, was issued by then
President Fidel V. Ramos to enable the private sector to participate in the
exploration, development, utilization and commercialization of ocean, solar and
wind energy resources for power and commercialization.
10. 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.
11.
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.
12. The
BWP is a flagship project of the National Government that aims to promote
energy security and sufficiency. With
the mounting demand for electricity, the BWP will generate and provide the
entire Luzon and Visayas grids with “clean electricity” through the
development, construction and operation of as much as fifty (50) wind
turbines. By harnessing wind in the
generation of energy, the BWP will likewise displace as much as 124,901 tons of
carbon dioxide, which will effectively curb greenhouse gas emissions. The BWP will have a capacity of 86 megawatts
(86 mw) and will cover an area of approximately six hundred hectares (600 Ha)
across four (4) municipalities in the Province of Ilocos Norte. Once completed, it will become the biggest
wind farm in the Philippines.
13. 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.
14. 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.
15. Private
defendant claims an interest – based on Tax Declaration No. 08-0017-0011875-
over Lot No. 40988, with an area of 756 square meters (sq. m.), more or less,
situated in Brgy. 17, Ngabangab, Pasuquin, Ilocos Norte.
16. Plaintiff
seeks to expropriate a portion of the subject property, or the aggregate area
of 305 sq. m., which will be needed as site6 for the implementation
of the BWP.
17. There
is no permanent improvement constructed on the subject portion per the
Certification7 issued by the Municipal Assessor of Pasuquin, Ilocos
Norte.
18. Plaintiff
negotiated8 with private defendant for the acquisition of the
exclusive right to occupy, possess, use and enjoy the subject property but private
defendant declined and continues to decline the offer.
ARGUMENT IN SUPPORT OF THE PRAYER FOR THE
ISSUANCE OF THE WRIT OF POSSESSION
19. 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.
20.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.
21. In
Metropolitan Cebu Water District (MCWD)
v. J. King and Sons Company, Inc.,9 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. (emphasis
ours)
It is mandatory on the trial
court's part to issue the writ of possession and on the sheriff's part to
deliver possession of respondent's property to petitioner pursuant to the writ.
22. The
subject property’s current zonal value10 is pegged by the BIR
Revenue District Office (RDO) No. 1, Laoag City at PHP 50.00 per sq. m.
23. During
the hearing, plaintiff will tender payment to private defendant in the total
amount of ₱ 15,250.00, which is
equivalent to one hundred percent (100%) of the subject portion’s value based
on the current relevant zonal valuation.
24. 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.
Upon tender of payment to private
defendant, or upon its deposit with the Honorable Court- in case of her absence
or refusal to accept - in an amount equivalent to one hundred percent (100%) of
the subject’s portion value based on its current relevant zonal valuation,
ISSUE a writ of possession authorizing plaintiff to take immediate possession,
control, and disposition thereof.
ii.
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.
iii.
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
iv.
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 are likewise prayed for.
Makati City for Municipality of
Bangui, Ilocos Norte, March 27, 2014.
FRANCIS HARDELEZA
Solicitor General
Roll No. 25719
IBP
Lifetime No. 00037, 1-18-93
MCLE
Exemption No. III-8523
(SGD) THOMAS M. LARAGAN
Assistant Solicitor General
Roll No. 38842
IBP
Lifetime No. 09144, 04/29/10
MCLE
Exemption No. IV-000051,
MARIA
VICTORIA V. SARDILLO
State
Solicitor
Roll No.
477226
IBP
Lifetime No. 07223
MCLE
Compliance No. IV-0018739
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legaspi
Village
Makati City
Tel. Nos. 813-0086
WHEREAS this Court in its Order dated March 10, 2015 issued
an Order directing the publication in a
newspaper of general circulation the summons considering that the return of the
summons to the respondent was not properly serve on the ground that respondent
is presently outside the country.
NOW THEREFORE, you defendant, Anita Bulosan as owner of Lot
40988 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. Francis H. Jardeleza, Atty. Thomas M. Laragan and
Atty. Maria Victoria V. Sardillo with office address at OFFICE OF THE SOLICITOR
GENERAL, 134 Amorsolo St., Legaspi Village, Makati City.
Let this summons be published at the expense of the petitioner
in a newspaper of general circulation once a week for two (2) consecutive
weeks.
WITNESS THE HONORABLE ROSEMARIE V. RAMOS, Presiding Judge of
this Court, this 19th day of March 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”.
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”.
8Annex “D”
9GR No. 175983, April 16, 2009, 585 SCRA 485
10Annex “E”
March 23, 30, 2015*IT
_________________________________________________________
RA Form No. 10.1 (LCRO)
Republic of the Philippines
Local Civil Registry Office
Province of Ilocos Norte
Municipality of Sarrat
NOTICE
FOR PUBLICATION
In compliance
with Section 5 of R.A. Act No. 9048, a notice is hereby served to the public
that PACENCIA AGNI MIGUEL has filed with this Office a petition for change of
first name from “OPILIA” to “OFELIA” in the birth certificate of OPILIA AGNI
MIGUEL who was born on 18 January 1954 at Sarrat, Ilocos Norte and whose
parents are Gil Miguel and Pacencia Agni.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than April 6, 2015.
(SGD) JOAN A. DUQUE
Municipal Civil Registrar
March 23-29, March 30-April 5, 2015*IT
_________________________________________________________
Publication Notice
RA 10172
Republic of the Philippines
Local Civil Registry Office
Province of Ilocos Norte
Municipality of Paoay
NOTICE
FOR PUBLICATION
CCE-0013-2015 R.A.
10172 March
18, 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 2102 (IRR on R.A. 10172) Notice is hereby served to the public that
BENEDICTO BARAOED TAROMA has filed with this Office a petition for Change of
First Name from “BENNY” to “BENEDICTO” and correction of clerical error in the
child’s date of birth from “8 18, 1955” to “AUGUST 5, 1955” in the Certificate
of Live Birth of BENNY TAROMA, at Paoay, Ilocos Norte and whose parents are Constancio
Taroma and Maria Baraoed.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than April 6, 2015.
(SGD) ROBERT M. GUIEB
Municipal Civil Registrar
March 23-29, March 30-April 5, 2015*IT
_________________________________________________________
R.A. 9048 Form No. 10.1 (LCRO)
Republic of the Philippines
Local Civil Registry Office
Province of Ilocos Norte
Municipality of Pasuquin
NOTICE
FOR PUBLICATION
In compliance
with Section 5 of R.A. Act No. 9048, a notice is hereby served to the public
that ERLINDA M. GALIZA has filed with this Office a petition for change of
first name from “LINDA,NENITA” to “ERLINDA” in the birth certificate of
LINDA,NENITA MADAMBA who was born on October 4, 1958 at Pasuquin, Ilocos Norte
and whose parents are Vicente Madamba and Filipinas Udaundo.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than April 6, 2015.
(SGD) FELIZA C. RATUITA
Municipal Civil Registrar
March 23-29, March 30-April 5, 2015*IT
_________________________________________________________
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 17, BATAC CITY, ILOCOS NORTE
IN RE: PETITION FOR THE
ANNULMENT/CANCELLATION OF THE RECORD OF BIRTH OF MARIVIC ULEP y CAJIMAT IN THE
OFFICE OF THE LOCAL CIVIL REGISTRY (LCR) OF PAOAY, ILOCOS NORTE,
MARIVIC ULEP y CAJIMAT,
Petitioner,
-versus-
THE LOCAL CIVIL REGISTRAR OF PAOAY, ILOCOS
NORTE, THE CIVIL REGISTRAR-GENERAL, NATIONAL STATISTICS OFFICE, QUEZON CITY AND
ALL PERSONS WHO MAY OR HAVE ADVERSE INTEREST,
Respondents.
SP. PROC. NO. 5489-17
x- - - - - - - -x
O R D E R
This is a
verified Petition filed by petitioner Marivic Ulep y Cajimat through counsel,
Atty. Mariegold A. Cabrales praying to the Court to direct the Local Civil
Registrar of Paoay, Ilocos Norte and the National Statistics Office, Quezon
City to cancel her birth records entered under Local Civil Registry of Paoay,
Ilocos Norte appearing on page 0028 of book number 007, Registry No. 184.
Finding the Petition
to be sufficient in form and substance, the Court hereby set the initial hearing
on APRIL 7, 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 Paoay,
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 2nd day of March, 2015 at Batac City, Ilocos Norte,
Philippines.
(SGD)
ANGELO M. ALBANO
Judge
March 23, 30, April 6, 2015*IT
_________________________________________________________
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 19
Bangui, Ilocos Norte
GEMMA MARIE ALHAMA-AMI,
Petitioner,
-versus-
FROILAN R. AMI II,
Respondent.
SPEC. PROC. NO. 2553-19
x------------------------------x
S U M M O N S
(By Publication)
PETITION
FOR SOLE CUSTODY
PETITONER,
through the undersigned counsel, and unto this Honorable Court, most
respectfully alleges that:
1.
Petitioner is of legal age, married, Filipino
citizen and resident of Brgy. San Lorenzo, Bangui, Ilocos Norte, while
respondent is also of legal age, married, and also a resident of 42-S, Parinas
St., Bahay Toro Project 8, Quezon City; where they may be served with summons and
other court processes;
2.
Petitioner and respondent were married on
September 10, 1999 before the Regional Trial Court, Branch 16, Laoag City,
Ilocos Norte but the same marriage was annulled on December 23, 2008 which was
granted by the Honorable Court of Bangui, Ilocos Norte under Civil Case No.
988-19 as evidenced by hereto attached Certificate of Marriage marked as Annex
“A”, Court Decision for Nullity of Marriage marked as Annex “B” and Certificate
of Finality marked as Annex “C”, respectively;
3.
As a fruit of their union, the parties begot
two children named GERI MARRIELLE A. AMI, born on October 6, 1999 and FROILAN
IMARX A. AMI III, born on November 20, 2003 as evidenced by hereto attached
Certificates of Live Birth marked as Annex “D” and Annex “E”, respectively;
4.
During the subsistence of their marriage,
petitioner became the breadwinner of the family while the respondent remained
neglectful with his duties and responsibilities and remains as abusive spouse
and a father.
5.
The respondent abandoned the petitioner and
his two children. He never gave any financial support nor communicated to his
family since then, hence, all the parental responsibilities were left on the
shoulder of the petitioner;
6.
Thus, petitioner does not have any recourse
than to file this instant action to take sole custody of said children since
the respondent is no longer with his two children as indicated by acts of
failing to provide financial support to his minor children for fifteen (15)
years, his non-communication with them, his failure to visit his children even
just for once, and his refusal to participate to fulfill his fatherly duties
and obligations towards them.
WHEREFORE,
premises considered it is most respectfully and humbly prayed of this Honorable
Court that herein petition be GRANTED and the sole custody and parental
authority be given to the petitioner
.
Other reliefs,
just and equitable under the premises are likewise prayed for.
Respectfully
submitted.
November 15,
2014, Laoag City, for Bangui, Ilocos Norte, Philippines.
MICHAEL
M. GARCES
Counsel for the Petitioner
Roll fo
Attorneys No. 54898-4/30/2008
I.B.P.
No. 938132-I.N. 1/3/14
P.T.R.
No. 1542970-I.N. 1/13/14
MCLE
Compliance No. IV-0006479, June 26, 2012
Address:
Garces Law Office, Room 825, 80-888 Realty Building Gen. Luna cor. Balintawak
Sts., 2900 Laoag City
WHEREAS this Court in its
Order dated March 16, 2015 issued an
Order directing the publication in a newspaper of general circulation
the summons upon respondent FROILAN R. AMI II considering that respondent was
not personally served summons and copy of the petition on the ground that
respondent is no longer residing at the given address.
NOW THEREFORE, you respondent, FROILAN R. AMI II 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 thirty(30) days from the date of the last publication hereof,
serving at the same time a copy of your answer upon the petitioner’s counsel,
Atty. Michael Garces, with office address at Garces Law Office, Rm 825, 80-888
Realty Bldg. Gen. Luna cor. Balintwak Sts., Laoag 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 19th day of March 2015 at Bangui, Ilocos Norte,
Philippines.
(SGD) MARGIE GINES-LAROYA
Clerk of Court VI
March 23, 30, 2015*IT
_________________________________________________
DEED OF ADJUDICATION WITH SALE
Notice is hereby
given that the intestate estate of the late MARIA S. MARCOS and VENANCIO J.
MARCOS consisting of forty-four (44) parcels of land designated as Lot Nos. 1,
2, 3, 4, 5, 6, 7, 8. 9, 10, 11, 12, 13 ,14, 15 all of Psu-146393, and Lot Nos.
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28 and 29 all of Psu-178684 covered by OCT Nos. P-1462 and
P-1722 containing an area of 351 sq. m., 1,023 sq. m., 262 sq. m., 2,828 sq.
m., 231 sq. m., 2,240 sq. m., 954 sq. m., 186 sq. m., 268 sq. m., 344 sq. m.,
1,099 sq. m., 533 sq. m., 943 sq. m., 2,044 sq. m., 1,233 sq. m., 268 sq. m.,
423 sq. m., 175 sq. m., 447 sq. m., 480 sq. m., 369 sq. m., 2,585 sq. m., 3,082
sq. m., 879 sq. m., 1,652 sq. m., 5,128 sq. m., 1,866 sq. m., 77 sq. m., 192
sq. m., 143 sq. m., 454 sq. m., 656 sq. m., 1,093 sq. m., 1,379 sq. m., 1,485 sq. m., 1,456 sq. m., 145 sq. m., 119
sq. m., 1,285 sq. m., 1,206 sq. m., 1,535 sq. m., 438 sq. m., 685 sq. m. and
673 sq. m. all situated in Barrio of Lanas (now Baresbes), Municipality of
Dingras, Ilocos Norte has been adjudicated by their heirs and simultaneously
sold to Rodolfo B. Miranda the fifteen (15) above-described parcels of land
designated as Lot No. 1 up to Lot No. 15 covered by OCT No. P-1462 and thirteen
parcels of land designated as Lot Nos. 1, 3, 7, 9, 11, 12, 13, 15, 19, 25, 26,
27 and 29 covered by OCT No. P-1722 ratified and acknowledged before Notary
Public Francisco A. Musni as per Doc. No. 338; Page No. 68; Bk. No. LXX; S. of
2015.
March 23, 30, April 6, 2015*IT
_________________________________________________________
DEED OF ADJUDICATION WITH QUITCLAIM
Notice is hereby
given that the intestate estate of the late FRANCISCO MANUEL GUERRERO
consisting of a motor vehicle which is more particularly described as follows:
Make- Honda; Chassis No. KB508030727; Model- 2007; Engine No. KB508E030730;
Type- MC; Plate No. XJ1530; Color- Red and File No. 0124-00000072433 has been
the subject of Deed of Adjudication with Quitclaim executed by his heirs in
favor of Ma. Leda P. Guerrero ratified and acknowledged before Notary Public
Noel Domingo-Concepcion as per Doc. No. 127; Page No. 26; Bk. No. LIV; S. of
2014.
March 23, 30, April 6, 2015*IT
_________________________________________________________
DEED OF ADJUDICATION WITH CONSOLIDATION AND
PARTITION
Notice is hereby
given that the intestate estate of the late SPS. FILIPINAS S. BELARMINO and
ISAAC BELARMINO consisting of three (3) parcels of land designated as Lot Nos.
13982, 14030 and 14269 all of Cad-398 under OCT Nos. P-19083, P-19084 and
P-20397 containing an area of 728 sq. m., 1,027 sq. m. and 599 sq. m. all
located at Brgy. Quiling Sur, Batac, Ilocos Norte has been the subject of Deed
of Adjudication with Consolidation and Partition executed by their heirs
ratified and acknowledged before Notary Public Da Vinci M. Crisostomo as per
Doc. No. 421; Page No. 86; Bk. No. CCXC; S. of 2014.
March 23, 30, April 6, 2015*IT
_________________________________________________________
DEED OF ADJUDICATION WITH QUITCLAIM
Notice is hereby
given that the intestate estate of the late JOHN COOPER consisting of a parcel
of land designated as Lot 4-E, PSD-01-085123, being a portion of Lot 4,
PCS-01-00104089 under TCT No. 023-2013000091 containing an area of 250 sq. m.
located at Brgy. Torre, Currimao, Ilocos Norte has been the subject of
Adjudication with Quitclaim executed by his heir in favor of Apolinario A.
Calacal ratified and acknowledged before Notary Public Da Vinci M. Crisostomo
as per Doc. No. 471; Page No. 96; Bk. No. CCXXXVI; S. of 2014.
March 23, 30, April 6, 2015*IT
_________________________________________________________
AFFIDAVIT OF RELEASE AND QUITCLAIM WITH
INDEMNITY UNDERTAKING
Notice is hereby
given that the intestate estate of the late SILVESTRE M. ANDRES consisting of a
bank deposit with BANCO DE ORO UNIVERSAL BANK under S/A No. 105190074790 has
been the subject of Affidavit of Release and Quitclaim with Indemnity
Undertaking executed by his heir ratified and acknowledged before Notary Public
Emilio Edgar V. Doloroso Jr. as per Doc. No. 82; Page No. 17; Bk. No. XXVII; S.
of 2013.
March 23, 30, April 6, 2015*IT
_________________________________________________________
AFFIDAVIT OF CLAIM WITH WAIVER OF RIGHTS
Notice is hereby
given that the intestate estate of the deceased depositor ROSALINA MENOR ALIPIO
consisting of a bank deposits with PHILIPPINE NATIONAL BANK-LAOAG BRANCH under
Savings Account No. 0044 329171 102 and Time Deposit No. 2018628 has been the
subject of Affidavit of Claim with Waiver of Rights executed by his heirs in
favor of Eleazar Tito M. ALipio ratified and acknowledged before Notary Public
Reynaldo A. Corpuz as per Doc. No. 224; Page No. 45; Bk. No. LXIX; S. of 2015.
March 23, 30, April 6, 2015*IT
_________________________________________________________
DEED OF ADJUDICATION WITH SALE
Notice is hereby
given that the intestate estate of the late SERGIA CAMPOS consisting of a
parcel of land designated as Lot No. 25054, Cad-195 (F-3-1-160) covered by OCT
No. P-949 containing an area of 311 sq. m. situated in the Barrio of Sta.
Angela (now Brgy. 10, San Jose), City of Laoag has been adjudicated by her
heirs and simultaneously sold to Hari A. Apostol the entirety of the
above-described parcel of land ratified and acknowledged before Notary Public
Francisco A. Musni as per Doc. No. 154; Page No. 31; Bk. No. LXXI; S. of 2015.
March 23, 30, 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-
ANITA BULOSAN and the MUNICIPAL ASSESSOR OF
PASUQUIN, ILOCOS NORTE,
Defendants.
CIVIL CASE NO. 2536-19
For: Expropriation
x------------------------------x
C O M P L A I N T
(Summons
by Publication)
PLAINTIFF, by counsel, respectfully states:
2.
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.
3.
Private defendants, Anita
Bulosan, is of legal age, Filipino and a resident of Barangay 30, Cadaratan,
Bacarra, Ilocos Norte where she may be served with judicial processes.
4.
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;
5.
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
6.
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 [...]
7.
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.
8.
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[…].”
9.
To complement the mandate of the
DOE, Executive Order (E.O.) No. 462, Series of 1997, was issued by then
President Fidel V. Ramos to enable the private sector to participate in the
exploration, development, utilization and commercialization of ocean, solar and
wind energy resources for power and commercialization.
10. 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.
11.
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.
12. The
BWP is a flagship project of the National Government that aims to promote
energy security and sufficiency. With
the mounting demand for electricity, the BWP will generate and provide the
entire Luzon and Visayas grids with “clean electricity” through the
development, construction and operation of as much as fifty (50) wind
turbines. By harnessing wind in the
generation of energy, the BWP will likewise displace as much as 124,901 tons of
carbon dioxide, which will effectively curb greenhouse gas emissions. The BWP will have a capacity of 86 megawatts
(86 mw) and will cover an area of approximately six hundred hectares (600 Ha)
across four (4) municipalities in the Province of Ilocos Norte. Once completed, it will become the biggest
wind farm in the Philippines.
13. 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.
14. 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.
15. Private
defendant claims an interest – based on Tax Declaration No. 08-0017-0011875-
over Lot No. 40988, with an area of 756 square meters (sq. m.), more or less,
situated in Brgy. 17, Ngabangab, Pasuquin, Ilocos Norte.
16. Plaintiff
seeks to expropriate a portion of the subject property, or the aggregate area
of 305 sq. m., which will be needed as site6 for the implementation
of the BWP.
17. There
is no permanent improvement constructed on the subject portion per the
Certification7 issued by the Municipal Assessor of Pasuquin, Ilocos
Norte.
18. Plaintiff
negotiated8 with private defendant for the acquisition of the
exclusive right to occupy, possess, use and enjoy the subject property but private
defendant declined and continues to decline the offer.
ARGUMENT IN SUPPORT OF THE PRAYER FOR THE
ISSUANCE OF THE WRIT OF POSSESSION
19. 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.
20.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.
21. In
Metropolitan Cebu Water District (MCWD)
v. J. King and Sons Company, Inc.,9 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. (emphasis
ours)
It is mandatory on the trial
court's part to issue the writ of possession and on the sheriff's part to
deliver possession of respondent's property to petitioner pursuant to the writ.
22. The
subject property’s current zonal value10 is pegged by the BIR
Revenue District Office (RDO) No. 1, Laoag City at PHP 50.00 per sq. m.
23. During
the hearing, plaintiff will tender payment to private defendant in the total
amount of ₱ 15,250.00, which is
equivalent to one hundred percent (100%) of the subject portion’s value based
on the current relevant zonal valuation.
24. 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.
Upon tender of payment to private
defendant, or upon its deposit with the Honorable Court- in case of her absence
or refusal to accept - in an amount equivalent to one hundred percent (100%) of
the subject’s portion value based on its current relevant zonal valuation,
ISSUE a writ of possession authorizing plaintiff to take immediate possession,
control, and disposition thereof.
ii.
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.
iii.
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
iv.
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 are likewise prayed for.
Makati City for Municipality of
Bangui, Ilocos Norte, March 27, 2014.
FRANCIS HARDELEZA
Solicitor General
Roll No. 25719
IBP
Lifetime No. 00037, 1-18-93
MCLE
Exemption No. III-8523
(SGD) THOMAS M. LARAGAN
Assistant Solicitor General
Roll No. 38842
IBP
Lifetime No. 09144, 04/29/10
MCLE
Exemption No. IV-000051,
MARIA
VICTORIA V. SARDILLO
State
Solicitor
Roll No.
477226
IBP
Lifetime No. 07223
MCLE
Compliance No. IV-0018739
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legaspi
Village
Makati City
Tel. Nos. 813-0086
WHEREAS this Court in its Order dated March 10, 2015 issued
an Order directing the publication in a
newspaper of general circulation the summons considering that the return of the
summons to the respondent was not properly serve on the ground that respondent
is presently outside the country.
NOW THEREFORE, you defendant, Anita Bulosan as owner of Lot
40988 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. Francis H. Jardeleza, Atty. Thomas M. Laragan and
Atty. Maria Victoria V. Sardillo with office address at OFFICE OF THE SOLICITOR
GENERAL, 134 Amorsolo St., Legaspi Village, Makati City.
Let this summons be published at the expense of the petitioner
in a newspaper of general circulation once a week for two (2) consecutive
weeks.
WITNESS THE HONORABLE ROSEMARIE V. RAMOS, Presiding Judge of
this Court, this 19th day of March 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”.
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”.
8Annex “D”
9GR No. 175983, April 16, 2009, 585 SCRA 485
10Annex “E”
March 23, 30, 2015*IT
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