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Notices for May 16, 2016

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 19
Bangui, Ilocos Norte

REPUBLIC OF THE PHILIPPINES
Represented by DEPARTMENT
OF ENERGY (DOE),
Plaintiff,
-versus-
THE UNKNOWN HEIR OF
BENITO CURAMMENG, and the
MUNICIPAL ASSESSOR OF
PASUQUIN, ILOCOS NORTE,
ET.AL.,
Defendants,
CIVIL CASE NO. 2820-19
X - - - - - - - - - - - - - - X
COMPLAINT
(With Urgent Prayer for the Issuance of a Writ of Possession)
(Summons by Publication)

          PLAINTIFF, by counsel, respectfully states:

1.       Plaintiff Republic of the Philippines, represented by the Department of Energy (DOE), is a sovereign political entity with the inherent power to expropriate private property for public use upon payment of just compensation. It may be served with court processes through its statutory counsel, the Office of the Solicitor General (OSG), at 134 Amorsolo Street, Legaspi Village, Makati City.
2.     Private defendant is the unknown surviving heir, if any, of Benito Curammeng, who was the claimant of the property that is the subject matter of this expropriation. His/her true name and address is unknown, and despite diligent inquiry, cannot be ascertained. He/she is being impleaded in accordance with Section 1, Rule 67, in relation to Section 14, Rule 3, of the 1997 Rules of Civil Procedure.
3.      Section 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 each defendant. If the title to any property sought to be expropriated appears to be in the Republic of the Philippines, although occupied by private individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners, averment to that effect shall be made in the complaint.
4.     Corollarily, Section 14, Rule 3, of the 1997 Rules of Civil Procedure states:
Section 14. Unknown identity 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, inter alia, of maintaining a system for real property identification and accounting 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 judicial processes.
6.     The 1987 constitution recognizes the State’s paramount interest in improving the quality of life for all, which may be done by promoting industrialization that utilizes full and efficient use of human and natural resources. If achieved, industrialization will significantly improve the delivery of goods and services produced by the nation. Towards this end, the policy of the State is to give all sectors of the economy, including the private sector, optimum opportunity to develop the country’s natural resources;
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. 9136 declares is 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 the DOE is required to formulate 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 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. In this regard, the DOE has partnered with the 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.  The deceased Benito Curammeng claimed and interest, based on Tax Declaration No. 08-0008-00329 over Lot No. 180248-B, with an area of 2,457 square meters (sq.m.) situated in Barangay 9, Sulongan, Pasuquin, Ilocos Norte. Private defendant, if any, succeeded such interest under the Philippine laws of succession.
17.  Plaintiff seeks to expropriate a portion of the subject property or the aggregate area of 265 sq.m. which will be affected by the installation and maintenance of transmission lines.
18.  There is no permanent improvement constructed on the subject portion per the Certification issued by the Municipal Assessor of Pasuquin.

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., 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 the 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 “imme-
diate payment” in cases involving national
government infrastructure projects.

x x x

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 the 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 tiral 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 the possession of respondent’s property to petitioner pursuant to the writ.

22. The subject property’s current zonal value is pegged by the BIR Revenue District Office (RDO) No. 1, Laoag City at PHP 40.00 per sq.m.
23. In accordance with Section 9, Rule 67 of the 1997 Rules of Civil Procedure, plaintiff will deposit with the Honorable Court the total amount of Php. 10,600.00 which is equivalent to one hundred (100%) of the subject portion’s value based on the current relevant zonal valuation for the benefit of the person entitled thereto as may be adjudged by the Honorable Court in the same proceeding.
24.Upon compliance with the requirements particularly upon the deposit of the payment with Honorable Court, plaintiff is entitled to the issuance of a writ of possession as a matter of right.

RELIEF
          Wherefore, premises considered it is respectfully prayed that the Honorable Court shall:
i.                   ALLOW summons on private defendant to be served by publication in a newspaper of general circulation and in such places and for such time as the Honorable Court may order in accordance with Section 14 of the 1997 rules of Civil Procedure.
ii.                 Upon deposit with the Honorable Court of the payment in the amount equivalent of one hundred percent (100%) of the subject portion’s value based on the 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 declaring the plaintiff has a lawful and exclusive right to occupy, possess, use and enjoy the subject portion for the public purpose described above, upon payment of just compensation.
iv.               Upon issuance of an order of expropriation, APPOINT three (3) competent and disinterested persons as commissioners to ascertain and report to the Honorable Court the just compensation to be paid for the subject portion; and
v.                 After judgment of expropriation has been rendered, DIRECT public defendant to register the order of expropriation upon presentment and annotate a memorandum thereof on the pertinent tax declaration as a lien or encumbrance.

Such further or other forms of relief as may be deemed just and equitable under the premises are likewise prayed for.

Makati City for Bangui, Ilocos Norte, November 13, 2015.

FLORIN T. HILBAY
Acting Solicitor General
Roll No. 44957
IBP Lifetime No. 08505, 0/2/09
MCLE Exemption No. IV-001068, 5-14-13

(SGD) THOMAS M. LARAGAN
Assitant State Solicitor
Roll No. 38842
IBP Lifetime No. 09144, 04/29/10
MCLE Exemption No. IV-000051, 6/24/15

(SGD) LEO ADRIAN B. MORILLO
Associate Solicitor
Roll No. 62253
IBP Lifetime No. 011870, 5/03/13
MCLE Compliance No. V-0008913, 07/01/15

OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo St., Legaspi Village
Makati City, 1229
Telephone Nos. (632) 818-6301 to 09
Fax No. 813-0086

WHEREAS this Court in its Order dated April 19, 2016 issued an Order directing the publication in a newspaper of general circulation the summons to the UNKNOWN SURVIVING HEIRS OF BENITO CURAMMENG considering that the private defendants are unknown.
          NOW THEREFORE, you UNKNOWN HEIRS OF BENITO CURAMMENG owner of Lot No. 180248-B under Tax Declaration No. 08-0008-00329 are hereby summoned through this medium of publication, and therefore required to file with the Office of the Clerk of Court, Regional Trial Court of Bangui, Ilocos Norte at Justice Hall, Bangui, Ilocos Norte, your answer to the above-entitled case within sixty (60) days from the date of the last publication hereof, serving at the same time a copy of your answer upon the plaintiff’s counsels, Atty. Thomas M. Laragan and Atty. Leo Adrian Morillo 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 12th day of May 2016 at Bangui, Ilocos Norte, Philippines.
Clerk of Court VI
Section I, Article XII (National Economy and Patrimony) of the 1987 Consitution 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 all 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 enterprise, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.
2 Also known as the “Electric Power Industry Reform Act of 2001”
3 An Act Creating the Department of Energy, Rationalizing the Organization and Functions of Government Agencies related to Energy and for the Purposes.
5. Annex “B”
6. Annex “C”
7. 585 SCRA 485 (2009).
8. Annex “E”
May 16, 23, 2016*IT

RA Form No. 10.1 (LCRO)
Republic of the Philippines
Local Civil Registry Office
Province of Ilocos Norte
Municipality of Badoc

NOTICE FOR PUBLICATION
          In compliance with Section 5 of R.A. No. 9048, a notice is hereby served to the public that JUDE ESCOBEL LUCERO has filed with this Office a petition for change of first name from JUDE BUENAJES/ JUDE BUENEJES (OCRG/MCRO Copies) to JUDE and correction of the child’s middle name (OCRG Copy) from ECOBEL to ESCOBEL in the birth certificate of JUDE BUENAJES/JUDE BUENEJES (OCRG/MCRO Copies), who was born on September 14, 1967 at Badoc, Ilocos Norte and whose parents are AMOR A. LUCERO and NENA G. ESCOBEL.
          Any person adversely affected by said petition may file his written opposition with this office not later than May 30, 2016.
(SGD) PABLO M. REYES
Municipal Civil Registrar
May 16-22, 23-29, 2016*IT
______________________________________________________

Publication Notice
R.A. 10172
NOTICE TO THE PUBLIC
CCE-42-2016 R.A. 10172                                                                  April 28, 2016

          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 MELVA BUTAC TACANG has filed with this Office, a petition for correction of entry in sex from MALE to FEMALE in the certificate of live birth of MIA ANGELA BUTAC TACANG at Vintar, Ilocos Norte and whose parents are ELIZER A. TACANG and MELBA B. BUTAC.
          Any person adversely affected by said petition may file his written opposition with this Office not later than May 30, 2016.
(SGD) MENELEO JOEY J. LEAÑO
Municipal Civil Registrar
May 16-22, 23-29, 2016*IT
______________________________________________________

RA Form No. 10.1 (LCRO)
Republic of the Philippines
Local Civil Registry Office
Province: Ilocos Norte
City/Municipality :Vintar

NOTICE FOR PUBLICATION
           In compliance with Section 5 of R.A Act No. 9048, a notice is hereby served to the public that ALMYRA BILANGO CUMLAT has filed with this Office a petition for change of first name from EVELYN ALMIRA to ALMYRA in the birth certificate of ALMYRA BILANGO CUMLAT who was born on July 19, 1959 at Vintar, Ilocos Norte and whose parents are LOPE BILANGO and TRINIDAD AGPALZA.
          Any person adversely affected by said petition may file his written opposition with this Office not later than May 30, 2016.
(SGD) MENELEO JOEY J. LEAÑO
Municipal Civil Registrar

May 16-22, 23-29, 2016*IT
______________________________________________________

RA Form No. 10.1 (LCRO)
Republic of the Philippines
Local Civil Registry Office
Province: Ilocos Norte
City/Municipality :Vintar

NOTICE FOR PUBLICATION
           In compliance with Section 5 of R.A Act No. 9048, a notice is hereby served to the public that REMY MACAPULAY AGBAYANI has filed with this Office a petition for change of first name from LORENZO RENIE to REMY in the birth certificate of REMY MACAPULAY AGBAYANI who was born on January 16, 1957 at Vintar, Ilocos Norte and whose parents are MANUEL AGBAYANI and JOSEFINA MACAPULAY.
          Any person adversely affected by said petition may file his written opposition with this Office not later than May 30, 2016.
(SGD) MENELEO JOEY J. LEAÑO
Municipal Civil Registrar

May 16-22, 23-29, 2016*IT
______________________________________________________
Publication Notice
R.A. 10172
Republic of the Philippines
Province of Ilocos Norte
MUNICIPALITY OF BANGUI

OFFICE OF THE MUNICIPAL CIVIL REGISTRAR
CCE-0023-2016 RA 10172                                                                   May 12, 2016.

          In compliance with the publication requirement and pursuant to OCRG Memorandum Circular No. 2013-1 Guidelines in the Implementation of Administrative Order No. 1 series of 2012 (IRR on R.A. 10172) notice is hereby served to the public that EFRAIM P. LABRADOR has filed with this Office, a petition for correction of the date of birth from October 15, 1956 to October 16, 1956 in the Certificate of Live Birth of EFREIN PADRE LABRADOR at Bangui, Ilocos Norte and whose parents are LEONARDO B. LABRADOR and ANA G. PADRE
          Any person adversely affected by said petition may file his/her written opposition with this Office not later than June 8, 2016.
(SGD) GLORIA B. AMUDO
Municipal Civil Registrar
May 16-22, 23-29, 2016*IT
______________________________________________________

Publication Notice
R.A. 10172
NOTICE TO THE PUBLIC
May 13, 2016                                                                                     CFN-0009-2016
CCE-0039-2016 R.A. 10172

          In Compliance with the publication requirement and pursuant to OCRG Memorandum Circlar 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 LEONORA P. SALISIPAN has filed with this Office, a petition for Change of First Name from RUFINA to LEONORA and Correction of Entry in the child’s date of birth from July 27, 1946 to July 26, 1946 in the Certificate of Live Birth of RUFINA PALACAY at Pasuquin, Ilocos Norte whose parents are ISABELO PALACAY and ALEJA ADAON.
          Any person adversely affected by said petition may file his/her written opposition with this Office not later than May 30, 2016.
(SGD) FELIZA C. RATUITA
Municipal Civil Registrar
May 16-22, 23-29, 2016*IT
______________________________________________________

DEED OF EXTRA-JUDICIAL SETTLEMENT
          Notice is hereby given that the intestate estate of the late DOMINADOR P. LIGOT consisting of a bank deposit at BANCO DE ORO-BALINTAWAK BRANCH, Laoag City under Savings Account No. 005190162606 has been adjudicated by his heirs extrajudicially ratified and acknowledged before Notary Public JASON BADER LL. PERERA as per Doc. No. 200; Page No. 40; Bk. No. 179; S. of 2016.
______________________________________________________

DEED OF EXTRAJUDICIAL SETTLEMENT WITH EXCHANGE
          Notice is hereby given that the intestate estate of the late FRANCISCO PASCUAL consisting of a parcel of land designated as Lot No. 2890 of the Nueva Era Cadastre covered by OCT No. P-61688 containing an area of 3,069 sq.m. with improvements thereon situated at Brgy. Cabittauran, Nueva Era, Ilocos Norte has been adjudicated by his heirs extrajudicially and simultaneously exchange to Lot No. 2765 covered by OCT No. P-49074 containing an area of 5,844 sq.m. with improvements thereon situated at Brgy. Cabittauran, Nueva Era, Ilocos Norte ratified and acknowledged before Notary Public ULCISIMO G. HINANAY JR. as per Doc. No. 185; Page No. 37; Bk. No. XII; S. of 2013.
May 16, 23, 30, 2016*IT
______________________________________________________

AFFIDAVIT OF SELF-ADJUDICATION
          Notice is hereby given that the intestate estate of the late FILOMENA VELASCO DACANAY consisting of a bank deposit with PHILIPPINE NATIONAL BANK, BATAC BRANCH, Batac City, Ilocos Norte under Savings Account No. 1452834400000019 has been adjudicated by her heirs ratified and acknowledged before Notary Public DA VINCI M. CRISOSTOMO as per Doc. No. 456; Page No. 93; Bk. No. CCCXII; S. of 2016.
May 16, 23, 30, 2016*IT
______________________________________________________

DEED OF ADJUDICATION
Notice is hereby given that the intestate estate of the late JAIME F. CU consisting of four (4) parcels of land designated as Lot Nos. 5, 15, 17656-C and 17656-K, Ccs-012818-00913 (AR) VLT, being a portion of Lot 34383 and 34384, Cad. 657-D and Csd-1-008269 (AR) VLT, identical to Lot 38235 and 38243, Cad. 657-D covered by OCT Nos. C-9499, C-9500, C-11064 and C-11063 containing an area of 12,084 sq.m., 4,445 sq.m., 9,103 sq.m and 1,519 sq.m. situated at Brgy Abucay and Brgy Maruaya both of Municipality of Piddig, Province of Ilocos Norte has been adjudicated by his heir ratified and acknowledged before Notary Public FRANCISCO A. MUSNI as per Doc. No. 162; Page No. 33; Bk. No. LXXIX; S. of 2016.
May 16, 23, 30, 2016*IT
______________________________________________________

DEED OF ADJUDICATION OF ESTATE WITH SALE
Notice is hereby given that the intestate estate of the late GLICERIA C. RACPAN consisting of a parcel of land designated as Lot No. 968-B, PSD-012805-027367, being a portion of Lot 968, Cad-398, Batac Cadastre covered by TCT No. T-19793 containing an area of 960 sq.m. situated in the Barrio of Caunayan, Municipality of Batac, Province of Ilocos Norte has been adjudicated by her heirs and simultaneously sold the southern portion of the above-described parcel of land containing an area of 100 sq.m. to ROMMEL R. AQUINO ratified and acknowledged before Notary Public WINDELL D. CHUA as per Doc. No. 102; Page No. 22; Bk. No. XXXVI; S. of 2015.
May 16, 23, 30, 2016*IT
______________________________________________________


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