REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
LAOAG CITY
OFFICE OF THE EXECUUTIVE JUDGE
NOTICE
OF HEARING
Notice is hereby given that a summary
hearing on the petition for notarial commission of ATTY. KRISTOFFERSON E. BADUA
shall be held on February 24, 2016 at the Regional Trial Court, Branch 13,
Laoag City at 8:30 o’clock in the morning. Any person who has any cause or
reason to object to the grant of the petition may file not later than the
aforesaid date and hour a verified written opposition thereto and/or appear
during the aforesaid scheduled summary hearing.
Laoag City, January 29, 2016.
(SGD)
PHILIP G. SALVADOR
Executive
Judge
Feb.
8, 2016*IT
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES
FIRST JUDICIAL REGION
LAOAG CITY
BRANCH 02
HEIRS OF SPS. SIMEON ALIPIO AND
HILARIA M. ALIPIO NAMELY FRANCISCO MIGUEL ALIPIO AND JULITA ALIPIO TARIGA,
Plaintiff/s,
-versus-
UNKNOWN HEIRS OF IGNACIO AGUILAR
AND ELENA AGUILAR, UNKNOWN HEIRS OF PASTOR LUCAS AND THE REGISTER OF DEED OF
LAOAG CITY,
Defendant/s.
CIVIL CASE NO. 3522
FOR: OWNERSHIP AND CANCELLATION
OF TITLE
x- - - - - - - -x
O R D E
R
The court having granted plaintiffs’ ex parte leave to serve summons via publication, pursuant to Sections 14
and 15 of Rule 14 of the Rules of Court, let copy of this order and summons
issue together with the complaint be published once in a newspaper of general
circulation in the Province of Ilocos Norte and Laoag City at the expense of
the plaintiff. Let another copy be posted in the bulletin boards at Brgy. Vira,
Laoag City where the properties subject in suit are located and at the Laoag
City Hall. Accordingly, the defendants, heirs of Ignacio Aguilar and Elena
Aguilar and heirs of Pastor Lucas, are hereby given a period of ninety (90)
days from the date of publication within which to file their Answer or
responsive pleading to the Complaint.
Further, pursuant to Section 19 of the
same rule, let summons issue and served unto the said defendants at their last
known address or addresses via registered
mail at the instance and expense of herein plaintiff.
SO ORDERED.
Laoag City, Philippines, 22 January
2016.
(SGD)
JONATHAN A. ASUNCION
Judge
Copy
furnished:
Atty.
Melchor Guillen- G/F, Old Far East Bank Bldg., Tres Martires St., Laoag City
Plaintiffs-
#25 Gov. D. Flor St., Brgy. 2, Laoag City
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES
FIRST JUDICIAL REGION
LAOAG CITY
BRANCH 02
HEIRS OF SPS. SIMEON ALIPIO AND
HILARIA M. ALIPIO NAMELY FRANCISCO MIGUEL ALIPIO AND JULITA ALIPIO TARIGA,
Plaintiff/s,
-versus-
UNKNOWN HEIRS OF IGNACIO AGUILAR
AND ELENA AGUILAR, UNKNOWN HEIRS OF PASTOR LUCAS AND THE REGISTER OF DEED OF
LAOAG CITY,
Defendant/s.
CIVIL CASE NO. 3522
FOR: OWNERSHIP AND CANCELLATION
OF TITLE
x- - - - - - - -x
S U M M
O N S
TO: HEIRS OF IGNACIO AGUILAR AND ELENA AGUILAR - Laoag
City
HEIRS OF PASTOR LUCAS - Laoag City
GREETINGS:
You are hereby required, within ninety
(90) days from publication of this Summons, to file with this Court and serve
on plaintiff, your Answer to the Complaint. If you fail to answer within the
time fixed, the plaintiff will take judgment by default and may be granted the
relief applied in the complaint.
WITNESS the Hon. Jonathan A. Asuncion,
Presiding Judge of this court, this 22nd day of January 2016.
(SGD)
TERRY A. JACINTO
Clerk of
Court III
REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
BRANCH 02, LAOAG CITY
HEIRS OF SPS. SIMEON ALIPIO and
HILARIA M. ALIPIO, Namely, FRANCISCO MIGUEL ALIPIO and JULITA ALIPIO TARIGA,
Plaintiff/s,
-versus-
UNKNOWN HEIRS OF IGNACIO AGUILAR
and ELENA AGUILAR, UNKNOWN HEIRS OF PASTOR LUCAS AND THE REGISTER OF DEEDS OF
LAOAG CITY,
Defendant/s.
CIVIL CASE NO. 3522
FOR: OWNERSHIP and CANCELLATION
OF TITLE
x- - - - - - - -x
COMPLAINT
COME NOW, the Plaintiffs, thru
counsel, unto this Honorable Court, and by way of this Complaint, most
respectfully asseverate:
1. That the plaintiffs
Heirs of Simeon Alipio and Hilaria Alipio, namely: Francisco Miguel Alipio,
married to Jacinta T. Alipio; and Julita M. Alipio-Tariga, married to Gregorio
F. Tariga, Jr.; both of legal age, Filipinos, and with residence and postal
address at No. 25 Gov. D. Flor St., Brgy. 2, Laoag City, Philippines, where
they may be served with notices and legal processes of this Honorable Court;
2. That Defendants
Unknown Heirs of Ignacio Aguilar and Elena Aguilar, and Unknown Heirs of Pastor
Lucas, shall be summoned thru a publication in the newspaper of general
circulation in Laoag City and Ilocos Norte, Philippines;
3. That Defendant
Register of Deeds of Laoag City, is a public office, with office address at LRA
Bldg., Giron St., Laoag City, Ilocos Norte, Philippines, where it may be served
with Summons and legal processes of this Honorable Court;
4. That Ignacio Aguilar
married to Elena Aguilar, is the absolute and registered owner of a parcels of
land, designated as Lot Nos. 17114-C, 17114-H, both of Psd-28839, now covered
by Transfer Certificate of Title (TCT) No. T-7999; and Lot No. 17135, now
covered by TCT No. T-9511, all are situated at Brgy. Vira, Laoag City,
Philippines, and more particularly described as follows:
“A parcel of land (Lot 17114-C of the
subdivision plan Psd-28839, being a portion of Lot 17114 of the cadastral
Survey of Laoag), situated at Brgy. Vira, Laoag City. Bounded on the E., along
line 1-2 by Lot 17112 along line 2-3 by Lot 17111, along line 3-4 by Lot 17110;
on the E., and S., along lines 4-5-6 by Lot 17109; on the S. and W., along
lines 6-7-8-9 by Lot 17115; on the SW., along line 9-10 by Lot 17129; on the
NW, along line 10-11 by Lot 17132; on the N. and E., along lines 11-12-13 by
Lot 17137, all of Laoag Cadastre; on the E., along line 13-14 by Lot 17114-D
and along line 14-15 by Lot 17114-A, both of the subdivision plan; and on the
S. and E., along lines 16-1 by Lot 17113, Laoag Cadastre. Beginning at a point
marked “1” on the plan, x x x x x; containing an area of FIVE THOUSAND SIX
HNDRED AND FIFTEEN (5,615) SQUARE METERS. Covered by TCT No. T-7999.”
“A parcel of land (Lot 17114-H of the
subdivision plan Psd-28839, being a portion of Lot 17114 of the Cadastral
Survey of Laoag), situated in the Barrio of Vira, City of Laoag. Bounded on the
SW., along line 1-2 by Lot 17140; on the W., along line 2-3 by Lot 17141; on
the NE., along line 3-4 by Lot 17205; along line 4-5 by Lot 17206 and along
line 5-6 by Lot 17207, all of the Laoag Cadastre; on the SE.,, along line 6-7
by Lot 17114-G of the subdivision plan; and on the SW., along line 7-1by Lot
17139, Laoag Cadastre. Beginning at a point marked “1” on the plan, x x x x x;
containing an area of FOUR THOUSAND NINE HUNDRED AND ELEVEN (4,911) SQUARE
METERS. Covered by TCT No. T-7999.”
“A parcel of land (Lot 17135 of the
Cadastral Survey of Laoag), with the improvements thereon, situated in the
Barrio of Vira, City of Laoag. Bounded on the NE., by Lot No. 17136; on the
SE., by Lot No. 17134; on the SW., by Lots Nos. 17134 and 17137; and on the
NW., by Lot No. 17137. Beginning at a point marked “1” on plan, x x x x x;
containing an area of ONE THOUSAND SIX HUNDRED AND THIRTY FIVE (1,635) SQUARE
METERS. Covered by TCT No. T-9511.”
Certified true copies of TCT Nos.
T-7999 and T-9511 are hereto attached and marked as ANNEXES “A” and “B”,
respectively, and both shall be made an integral part hereof;
5. That sometime on April
22, 1958, Ignacio Aguilar sold the aforesaid parcel of land in favor of Sps.
Simeon Alipio and Hilaria Alipio, by virtue of a Deed of Absolute Sale under
Doc. No. 79, Page No. 94, Book No. II, Series of 1958, of the Notarial Register
of Atty. Modesto M. Lagasca. A copy of the Deed of Absolute Sale is hereto
attached and marked as ANNEX “C” and shall be made an integral part hereof;
6. That when Ignacio
Aguilar had sold the aforesaid parcels of land, the same were still covered by
Original Certificate of Title (OCT) No. 246, as may be gleaned in the said Deed
of Absolute Sale (Annex “C” hereof). The electronic copy of OCT No. O-246 is
hereto attached and marked as ANNEX “D”, and the machine copy is hereto
attached and marked as ANNEX “E” and both shall be made an integral part
hereof;
7. That the Sps. Simeon
D. Alipio and Hilaria M. Alipio have immediately took possession of the whole
area of the aforesaid parcels of land upon the execution of the said document;
8. That Simeon D. Alipio
died sometime on November 4, 1994 at Laoag City, and Hilaria M. Alipio died
sometime on September 9, 1991 at Laoag City, leaving their children, the
plaintiffs Francisco M. Alipio and Julita Alipio-Tariga as their immediate,
legal and compulsory heirs. The authenticated copy of the Death Certificate of
Simeon D. Alipio is hereto attached and marked as ANNEX “F”, and the
authenticated copy of the Death Certificate of Hilaria M. Alipio is hereto
attached and marked as ANNEX “G”. The authenticated copy of the Certificate of
Live Birth of Francisco M. Alipio is hereto attached and marked as ANNEX “H”,
and the authenticated copy of the Certificate of Live Birth of Julita M. Alipio
is hereto attached and marked as ANNEX “I”, and all shall be made an integral
part hereof;
9. That upon the death of
Sps. Simeon D. Alipio and Hilaria M. Alipio, the possession on the said parcels
of land were continued by the plaintiffs, who were in peaceful, continued and
adverse possession, since then up to the present, and they are the ones paying
the real property taxes due thereon. Copy of the Official Receipt is hereto
attached and marked as ANNEX “J” and shall be made an integral part hereof;
10. That it may not be
amiss to point out that the Sps. Simeon D. Alipio and Hilaria M. Alipio are the
absolute and registered co-owners of Lot No. 17135, as may be gleaned in TCT
No. T-9511 (Annex “B” hereof);
11. That while Pastor
Lucas appeared to be a co-owner of one-soxth (1/6) portion of Lot No. 17135, as
may be gleaned in TCT No. T-9511, he (Pastor Lucas) has no right or interest
therein because in the partition as annotated at the back of OCT No. O-246, as
per Entry Nos. 6430, 6431, 6432, 6433, 6434 and 6435, Lot No. 17135 is the sole
property of Ignacio Aguilar. The said annotation is bracketed and marked as
ANNEX “E-1”, and shall be made an integral part hereof;
12. That after OCT No.
246, Lot No. 17135 was covered by TCT No. T-8000, with the name of Sps. Nicasio
Mariano and Aurora Gerardo-Mariano as co-owners in accordance with the
annotation made at the back of OCT No. O-246. A certified true copy of TCT No.
T-8000 is hereto attached and marked as ANNEX “K” , and shall be made an
integral part hereof;
13. That Sps. Simeon D.
Alipio and Hilaria M. Alipio had acquired a portion of Lot No. 17135 from Sps.
Nicasio Mariano and Aurora Gerardo-Mariano, and the remaining portion from
Ignacio Aguilar, to complete the whole are of Lot No. 17135. A certified true
copy of the Deed of Quitclaim is hereto attached and marked as ANNEX “L” , and
shall be made an integral part hereof;
14. That the plaintiffs
are occupying the whole area of the aforesaid parcels of land including Lot No.
17135, without any claim made by Pastor Lucas or his heir or heirs, or from any
other person or persons. Again, and with the risk of being repetitious, the
possession of the plaintiffs is continuous, peaceful, open and adverse;
15. That as a consequence
thereof, the plaintiffs most respectfully pray that they be declared the owners
of the afore-described parcels of land, and that the TCT Nos. T-7999 and T-9511
be cancelled, and Transfer Certificate of Title be issued in their names;
16. That the Assessed
Value of the aforesaid parcels of land, subject matter hereof, is P11,090.00,
which is less that P20,000.00, as may be gleaned in Tax Declaration Nos.
08-057-01030, 08-057-00997, and 08-057-01005, and therefore, within the
jurisdiction of this Honorable Court. Certified true copies of Tax Declaration
Nos. 08-057-01030, 08-057-00997, and 08-057-01005, are hereto attached and
marked as ANNEXES “M”, “N” and “O”, and all shall be made an integral part
hereof.
PRAYER
WHEREFORE, premises considered, it is
most respectfully prayed of this Honorable Court, that after due notice and
hearing, a Decision be issued declaring the plaintiffs Heirs of Sps. Simeon
Alipio and Hilaria Alipio, as the owners of the parcels of land designated as
Lot Nos. 17114-C, 17114-H, both of-Psd -28839, and 17135, all are situated at
Brgy. Vira, Laoag City, Philippines.
That defendant Register of Deeds of
Laoag City, Philippines, be directed to CANCEL Transfer Certificate of Title
(TCT) Nos. T-7999 and T-9511, and to ISSUE a Transfer Certificate of Title in
the names of FRANCISCO MIGUEL ALIPIO, married to Jacinta T. Alipio; and JULITA
ALIPIO TARIGA, married to Gregorio F. Tariga, Jr.; both of legal age,
Filipinos, and residents of No. 25 Gov. D. Flor St., Brgy. 2, Laoag City,
Ilocos Norte, Philippines, being the heirs of Sps. Simeon D. Alipio and Hilaria
M. Alipio.
Plaintiffs further pray for such other
relief and remedies that this Honorable Cort may deem just and equitable under
the premises.
Laoag City, Philippines.
November 20, 2015.
(SGD)
MELCHOR B. GUILLEN
Counsel
for the Plaintiffs
G/F Old
Far East Bank Bldg.
Tres
Martires St., Laoag City
IBP OR
No. 938189-Laoag City- 12-2-2014
PTR OR
No. 8350496-Piddig, I.N.- 1-5-2015
Roll No.
40253; MCLE Compliance V-0005288/1-8-2015
VERIFICATION
AND CERTIFICATION
I, FRANCISCO MIGUEL ALIPIO and JULITA
ALIPIO-TARIGA, under oath, do hereby depose and state:
That we are the plaintiffs in the
above-entitled Complaint;
That we personally caused the
preparation of the aforesaid Complaint;
That we have read the same and all the
contents herein are true and correct to the best of my own personal knowledge
and/or authenticated records;
That we have not commenced any other
action involving the same parties, subject matter and cause of action before
the Municipal Trial Court, Municipal Circuit Trial Court, Regional Trial Court,
Court of Appeals or Supreme Court;
That in the event that the plaintiffs
may come into their knowledge of a pending similar action before any court of
justice, plaintiff shall undertake to inform this Honorable Court withtin five
(5) days from such knowledge.
(SGD)
FRANCISCO M. ALIPIO
Plaintiff/Affiant
(SGD)
JULITA ALIPIO-TARIGA
Plaintiff/Affiant
SUBSCRIBED AND SWORN to before me this
20th day of November, 2015 at Laoag City, Philippines.
Plaintiffs/Affiants Francisco M. Alipio exhibited to me his Driver’s License
No. A03-78-008457 valid thru 2018-1-29 and Julita Alipio Tariga exhibited to me
her Passport No. EB3415839 issued on 8/17/2011 at DFA La Union.
(SGD)
MELCHOR B. GUILLEN
Notary
Public
Until
December 31, 2014
PTR
No. 8350496/1.15.15
Piddig,
Ilocos Norte
TIN
No. 901-914-071
Doc.
No. 413
Page
No. 84
Book
No. LIX
Series
of 2015
Feb.
8, 2016*IT
_______________________________________
Republic of the Philippines
Regional Trial Court
First Judicial Region
Branch 15, Laoag City
In re: Petition for the
Cancellation/Correction of Entries in the Marriage Certificate of Anselmo
Angelito Agtarap Saturnino a.k.a. Angelito Saturnino and Felicisima Fiesta
Pilar a.k.a. Felicisima Pilar in the Office of the Local Civil Registrar of
Laoag City, Ilocos Norte and the Civil Registrar General, Manila
Spouses Anselmo Angelito Agtarap
Saturnino a.k.a. Angelito Saturnino and Felicisima Fiesta Pilar-Saturnino
a.k.a. Felicisima Pilar,
Petitioners,
-versus-
The Local Civil Registrar of
Laoag City, Ilocos Norte and the 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. 16828-15
For Cancellation/Correction of
Entries
x- - - - - - - -x
ORDER
Before this Court is a verified
petition for the correction of entry in the marriage certificate of petitioners
Spouses Anselmo Angelito Agtarap Saturnino a.k.a. Angelito Saturnino and
Felicisima Fiesta Pilar-Saturnino a.k.a. Felicisima Pilar, particularly their
names as appearing in the marriage contract.
It is alleged in the petition that
petitioners were married on June 24, 1988 at Laoag City, Ilocos Norte. That
however, when petitioners secured a certified true copy of their marriage
certificate from the Local Civil Registrar of Laoag City, Ilocos Norte and the
Civil Registrar General, the name of petitioner Anselmo Angelito Agtarap
Saturnino was entered only Angelito Saturnino, and likewise the name of
Felicisima Fiesta Pilar-Saturnino was entered only as Felicisima Pilar; that in
order to straighten the record of marriage of herein petitioners, this petition
is instituted.
Finding the petition to be sufficient
in form and substance, this Court sets the same for hearing on March 09, 2016
at 2:00 o’clock in the afternoon, in the sala of Branch 15, Regional Trial
Court, Second Floor, Marcos Hall of Justice, Laoag City, at which date, time
and place, any interested person may appear and show cause why the petition
should not be granted.
Let copies of this petition and this
Order be served upon the Local Civil Registrar of Laoag City, Ilocos Norte and
the Civil Registrar General, National Statistics Office, Manila and the Office
of the City Prosecutor.
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.
So Ordered.
Given in chambers, this 15th
day of January 2016, at Laoag City.
(SGD)
BENJAMIN D. TURGANO
Judge
CC:
OCC-
Petitioner’
Atty.
JC Respicio
City
Prosecutor
Feb.
8, 15, 22, 2016*IT
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