Publication Notice
R.A. 10172
NOTICE TO
THE PUBLIC
CCE-0027-2015 June
1, 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
MARISSA T. SIMPLICIANO has filed with this Office, a petition for correction of
date of birth from “FEBRUARY 12, 1991” to “FEBRUARY 13, 1991”, in the
Certificate of Live Birth of BERNADETH TAYOR SIMPLICIANO at Pagudpud, Ilocos
Norte and whose parents are Demetrio Simpliciano and Marissa Tayor.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than June 22, 2015.
(SGD) MAURO G. MALDA
Municipal Civil Registrar
June 8-14, 15-21, 2015*IT
Publication Notice
R.A. 10172
Republic of the Philippines
Province of Ilocos Norte
Municipality of Bangui
OFFICE OF
THE MUNICIPAL CIVIL REGISTRAR
CCE-0024-2015 RA
10172 June
2, 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
GIL G. OAÑA has filed with this Office, a petition for correction of date of
birth from “DECEMBER 25, 1954” to “DECEMBER 24, 1954” in the Certificate of
Live Birth of GIL G. OAÑIA at Bangui, Ilocos Norte and whose parents are
Policarpio B. Oañia and Maria G. Gaor.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than June 23, 2015.
(SGD) GLORIA B. AMUDO
Municipal Civil Registrar
June 8-14, 15-21, 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. 2659-19
For: Expropriation
x------------------------------x
C
O M P L A I N T
(Summons by Publication)
(With Prayer for 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 unregistered parcel of land subject of
the present case under Tax Declaration No. 08-0027-02377. 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 in relation to Section
14, Rule 3 of the Rules of Civil Procedure.
3. Section 1, Rule
67 of the 1997 Rules of Civil Procedure provides:
Section 1. The
complaint.‑ The right of eminent domain shall be exercised by the filing of a
verified complaint which shall state with certainty the right and purpose of
expropriation, describe the real or personal property sought to be expropriated
and join as defendants all persons owning or claiming to own, or occupying, any
part thereof or interest therein, showing, so far as practicable, the separate
interest of each defendant. If the title to any property sought to be
expropriated appears to be in the Republic of the Philippines, although
occupied 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 or name of defendant.- Whenever
the identity or name of a defendant is unknown, he may be sued as the unknown
owner heir devisee, or by such other designation as the case may require, when
his identity or true name is discovered, the pleading must be amended
accordingly.
5. Public
defendant Municipal Assessor of Pasuquin, Ilocos Norte, who is charged with the
duty of, among others, 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, it is the
State’s policy 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. 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
defendant claims an interest, based on Tax Declaration No. 08-0027-02377, over Lot No. 122063-C with an area of 4,156
square meters (sq. m.) more or less, situated in Sulbec, Pasuquin, Ilocos
Norte.5
17. Plaintiff seeks
to expropriate a portion of the subject property, or the aggregate area of 877
sq. m., which will be needed as site6 in 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, Ilocos Norte.
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 and operation 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.,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. (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 value9 of the property is pegged by the BIR
Revenue District Office (RDO) No. 1, Laoag City at (PHP 40.00) per sq. m.]
23. During the
hearing plaintiff will deposit with the Honorable Court the total amount
of PHP 35,080.00 ‑ equivalent to one
hundred percent (100%) of the value of the property 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.
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, 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.
Other forms of relief just
and equitable under the premises are likewise prayed for.
Makati City for the
Municipality of Bangui, Ilocos Norte, 12 March 2015.
FLORIN T. HILBAY
Acting Solicitor General
Roll No. 44957
IBP Lifetime No. 08505
MCLE Exemption No.
IV-001068, 5-14-13
(SGD)
THOMAS M. LARAGAN
Assistant Solicitor General
Roll
No. 38842
IBP Lifetime No. 09144, 04-29-10
MCLE Exemption No.
IV-000051, 5-16-12
(SGD) ABRAHAM GENUINO II
Associate Solicitor
Roll No. 60516
IBP No. 982505 1-16-15
MCLE Compliance No. IV-0014061,
3-27-13
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legaspi Village
Makati City
Tel. No. 828-1487
WHEREAS this
Court in its Order dated May 26, 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
08-0027-02377, over Lot No. 122063-C with an area of Four Thousand One Hundred
Fifty Six (4,156) square meters (sq. m.), situated at Sulbec, Pasuquin, Ilocos
Norte. His true name and address is unknown; despite diligent inquiry, cannot
be ascertained. He is being impleaded in accordance with Section I, Rule 67 of
the 1997 Rules of Civil Procedure.
NOW THEREFORE, you
defendant JOHN DOE as owner of Lot 122063-C under Tax Declaration Number 08-0027-02377
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. 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 1st
day of June 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”
June 8, 15, 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. 2664-19
For: Expropriation
x------------------------------x
C
O M P L A I N T
(Summons by Publication)
PLAINTIFF, by
counsel, respectfully states:
1.
Plaintiff Republic of the Philippines, represented by the
Department of Energy (DOE), is a sovereign political entity with the inherent
power to expropriate private property for public use upon payment of just
compensation. It may be served with
court processes through its statutory counsel, the Office of the Solicitor
General (OSG), at 134 Amorsolo Street, Legaspi Village, Makati City.
2. Private
defendant John Doe is a claimant of the unregistered parcel of land subject of
the present case under Tax Declaration No. 08-0005-01538. 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 in relation to Section
14, Rule 3 of the Rules of Civil Procedure.
3. Public defendant
Municipal Assessor of Pasuquin, Ilocos Norte, who is charged with the duty of,
among others, maintaining a system for real property identification and
accounting for taxation purposes, is impleaded as a nominal party. She holds office in the Municipality of 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. Accordingly,
Section 2, Article XII of the 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. Thus, the
national government, through the Department of Energy, 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 has
mandated the DOE to ensure the sufficient and continuous power is available.
7. Under Republic
Act 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, issued
by then President Fidel V. Ramos enables the private sector to participate in
the exploration, development, utilization and commercialization of ocean, solar
and wind (OSW) energy resources for power and commercialization.
9. The harnessing
and utilization of renewable energy (RE) comprises a critical component of the
government’s strategy to provide energy supply for the country.4 In
this regard, the DOE has partnered with the Energy Development Corporation
(EDC) to exploit wind energy resources for wide-scale use.
10. Accordingly,
the DOE in partnership with the EDC will undertake the Burgos Wind Project
(BWP) under DOE Certificate of Registration No. WESC-2009-09-004.
11. The BWP is a
flagship project of the National Government that aims to promote energy
security and sufficiency. With the
mounting demand for electricity, the BWP will generate and provide the entire
Luzon and Visayas grids with “clean electricity” through the development,
construction and operation of as much as fifty (50) wind turbines. By harnessing wind in the generation of
energy, the BWP will likewise displace as much as 124,901 tons of carbon
dioxide, which will effectively curb greenhouse gas emissions. The BWP will have a capacity of 86 megawatts
(86 mw) and will cover an area of approximately six hundred hectares (600 Ha)
across four (4) municipalities in the Province of Ilocos Norte. Once completed, it will become the biggest
wind farm in the Philippines.
12. The BWP is a
public necessity and of paramount national importance as it aims to achieve
self-reliance in the country's energy requirements through the integrated and
intensive development of its indigenous energy resources and through the
judicious conservation, renewal and efficient utilization of energy to keep
pace with the country's growing demand.
13. The
implementation of the BWP necessitates the immediate acquisition of certain
areas within the Municipalities of Burgos. Bacarra, Pasuquin and the City of
Laoag, all in the Province of Ilocos Norte for the construction of towers and
transmission lines.
14. Private
defendant claims an interest, under Tax Declaration No. 08-0005-01538, over Lot No. 321378 with an area of 65 square
meters (sq. m.) more or less, situated in #5 Davila, Municipality of Pasuquin,
Ilocos Norte.5
15. Plaintiff seeks
to expropriate a portion of Lot No. 321378 or an area of 33 sq. m., which will
be used for the installation and maintenance of the transmission lines.6
16. There is no
permanent improvement constructed on the subject property 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 construction
and operationof 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 current
zonal value of the property is pegged by the BIR Revenue District
Office (RDO) No. 1, Laoag City at (PHP 30.00) per sq. m.]
21. In accordance
with Section 9, Rule 67 of the 1997 Rules of Civil Procedure, plaintiff will
deposit to the Honorable Court the total amount of PHP 990.00 which is equivalent to one hundred
percent (100%) of the value of the property based on its 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, it is
respectfully prayed that:
1. 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.
2. Upon deposit of
the payment with the Honorable Court in amount equivalent to one hundred
percent (100%) of the value of the property based on its current relevant zonal valuation,
a writ of possession be immediately issued authorizing plaintiff to take
immediate possession, control, and disposition of the parcel of land sought to
be expropriated.
3. After due
notice and hearing, an order of expropriation be issued declaring that
plaintiff has a lawful and exclusive right to occupy, possess, use and enjoy
the subject property for the public purpose described above, upon payment of
just compensation.
4. Upon issuance
of an order of expropriation, the Honorable Court appoint three (3) competent
and disinterested persons as commissioners to ascertain and report to the
Honorable Court the just compensation to for the property sought to be
expropriated; and
5. After judgment
of expropriation has been rendered, the Honorable Court shall direct the
Municipal Assessor of Pasuquin, Ilocos Norte to register the same upon
presentment and annotate a memorandum thereof on the pertinent tax declaration
as a lien or encumbrance.
It is likewise prayed that
other reliefs that are just and equitable in the premises be granted.
Makati City for the
Municipality of Bangui, Ilocos Norte, February 13, 2015.
FLORIN T. HILBAY
Acting Solicitor General
Roll No. 44957
IBP Lifetime No. 08505
MCLE Exemption No.
IV-001068, 5/14/13
THOMAS
M. LARAGAN
Assistant Solicitor General
Roll
No. 38842
IBP Lifetime No. 09144,
04-29-10
MCLE Exemption No.
IV-000051, 5-16-12
(SGD) CARMINDA O.
PUNZALAN-GAITE
Senior State Solicitor
(Officer-in-Charge)
Roll No. 41358
IBP Lifetime No. 08431
MCLE Compliance No. IV-0016907,
4-17-13
(SGD) LAWRENCE MARTIN A.
ALBAR
State Solicitor
Roll No. 51305
IBP Lifetime No, 09754
MCLE Compliance No.
IV-0016881, 4/17/13
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legaspi Village
Makati City
WHEREAS this
Court in its Order dated May 26, 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
08-0005-01538, over Lot No. 321378 with an area of Sixty Five (65) square
meters (sq. m.), situated at 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 I, Rule 67 of the 1997 Rules of
Civil Procedure.
NOW THEREFORE,
you defendant JOHN DOE as claimant of Lot No. 321378 under Tax Declaration
Number 08-0005-01538 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. Carminda Gaite and Atty. Lawrence Martin A.
Albar 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 1st
day of June 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” (Zonal Valuation)
June 8, 15, 2015*IT
_____________________________________________________________
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ILOCOS NORTE
FIRST JUDICIAL REGION
BRANCH 12-LAOAG CITY
IN RE: PETITION FOR THE CANCELLATION/CORRECTION
OF ENTRIES IN THE BIRTH RECORD OF EDWIN A. MANUEL IN THE OFFICE OF THE LOCAL
CIVIL REGISTRAR OF SOLSONA, ILOCOS NORTE AND THE NATIONAL STATISTICS OFFICE,
CIVIL REGISTRAR GENERAL, MANILA,
EDWIN AGPASA MANUEL,
Petitioner,
-versus-
THE LOCAL CIVIL REGISTRAR OF SOLSONA, ILOCOS
NORTE AND THE NATIONAL STATISTICS OFFICE, CIVIL REGISTRAR GENERAL, MANILA AND
ALL OTHER PERSONS WHO HAVE OR CLAIM TO HAVE ANY INTEREST THAT WOULD BE AFFECTED
THEREBY,
Respondents.
SP. PROC. NO. 16709-12
For: Cancellation/Correction of Entries
x- - - - - - - -x
O R D E R
This is a
verified petition filed with this Court for the cancellation/correction of
entries in the birth record of Edwin Agpasa Manuel in the Office of the Local
Civil Registrar of Solsona, Ilocos Norte and the National Statistics Office,
Civil Registrar General, Manila filed by herein petitioner Edwin Agpasa Manuel.
Finding the
petition to be sufficient in form and substance, notice is hereby given that
this petition is set for hearing on July 10, 2015, at 8:30 a.m. before the
Regional Trial Court, Branch 12, Laoag City, at which time, date and place, any
interested person who is adversely affected may appear and show cause why said
petition should not be granted.
Let this Order
be published once a week for three (3) consecutive weeks in a newspaper of
general circulation in the City of Laoag and the Province of Ilocos Norte at
the expense of the petitioner, the last date of publication being at least one
week prior to the date of the scheduled hearing.
Let copies of
this Order and the petition be furnished the Local Civil Registrar of Solsona,
Ilocos Norte, the Provincial Prosecutor of the Province of Ilocos Norte, the
Civil Registrar General, Manila and National Statistics Office, Manila, the
Solicitor General, Manila and all other persons who have or claim to have any
interest that would be affected thereby.
SO ORDERED.
Done in the
City of Laoag, this 22nd day of May 2015.
(SGD)
NIDA B. ALEJANDRO
Presiding
Judge
June 8, 15, 22, 2015*IT
_____________________________________________________________
DEED OF ADJUDICATION AND ABSOLUTE SALE OF A
MOTOR CYCLE
Notice is
hereby given that the intestate estate of the deceased CARMEN A. MALTEZO consisting
of a motorcycle more particularly described as follows: Make/Type- Honda/MC;
Chassis No. KB506-051-15368; Engine No. KB50605015368E; Year Model- 2005; MV
File No. 0124-00000055766; Plate No. QC7865 and CR No. 6266944-5 issued by the
LTO-East Avenue, Quezon City; Laoag City District Office has been adjudicated
by her heir and simultaneously sold to Maria Dolores Calasag Angeles ratified
and acknowledged before Notary Public Erme S. Labayog as per Doc. No. 314; Page
No. 63; Bk. No. XIII; S. of 2015.
June 8, 15, 22, 2015*IT
_____________________________________________________________
DEED OF ADJUDICATION WITH WAIVER OF RIGHTS
Notice is
hereby given that the intestate estate of the late SPS. ROMULO P. ESTAVILLO and
SISIMA B. ESTAVILLO consisting of a bank account with PHILIPPINE NATIONAL
BANK-LAOAG BRANCH, Laoag City under Savings Acct. No. 152287500010 has been the
subject of Deed of Adjudication with Waiver of Rights executed by their heirs
ratified and acknowledged before Notary Public Da Vinci M. Crisostomo as per
Doc. No. 304; Page No. 62; Bk. No. CCXCIV; S. of 2015.
June 8, 15, 22, 2015*IT
_____________________________________________________________
AFFIDAVIT OF SELF-ADJUDICATION (BY 1 AND ONLY
SURVIVING HEIR)
Notice
is hereby given that the intestate estate of the deceased NENITA AGAG ONG
consisting of a bank deposit with the PHILIPPINE NATIONAL BANK (PNB)- Laoag
Branch under Savings Acct. No. 1282371400000016 has been adjudicated by her
heir ratified and acknowledged before Notary Public Eric T. Garvida as per Doc.
No. 141; Page No. 29; Bk. No. XXXIX; S. of 2015.
June 8, 15, 22, 2015*IT
_____________________________________________________________
AFFIDAVIT OF SELF-ADJUDICATION (BY 1 AND ONLY
SURVIVING HEIR)
Notice is
hereby given that the intestate estate of the deceased NENITA AGAG ONG
consisting of a bank deposit with the BANCO DE ORO UNIVERSAL BANK- LAOAG-CASTRO
BRANCH under Dollar Time Deposit Account No. 309606236091 has been adjudicated
by her heir ratified and acknowledged before Notary Public Eric T. Garvida as
per Doc. No. 138; Page No. 28; Bk. No. XXXIX; S. of 2015.
June 8, 15, 22, 2015*IT
_____________________________________________________________
Comments
Post a Comment