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 HEIRS OF FELIPE
RANJO, and the MUNICIPAL ASSESSOR OF PASUQUIN, ILOCOS NORTE, ET.AL.,
Defendants,
CIVIL CASE NO. 2404-19
X - - - - - - - - - - - - - - -
- - - X
AMENDED 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 defendants are the unknown surviving heirs, if any, of
Felipe Ranjo, who was the claimant of the property that is the subject matter
of this case. Their true names and addresses are unknown, and despite diligent
inquiry, cannot be ascertained. They are being impleaded in accordance with
Section 1, Rule 67, in relation to Section 14, Rule 3, of the 1997 Rules of
Civil Procedure.
3.
Section 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 nations. 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. […]
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 project 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 ndertake 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 with the City of Laoag and
the Municipalities of Bacarra, Pasuquin, and Burgos Ilocos Norte.
16. The deceased Felipe Ranjo
claimed and interest, based on Tax Declaration No. 08-0009-00788 over Lot No.
160833, with an area of 1,330 square meters (sq.m.) more or less, and situated
in Susugaen, Pasuquin, Ilocos Norte. Private defendants, if any, inherited such
interest under the Philippine laws of succession.
17. Plaintiff seeks to expropriate
a portion of the subject property or the aggregate area of 268 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 FO 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. […]
The 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 porpert 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 50.00 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. 13,400.00 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 defendants to be served by publication
in a newspaper of general circulation and in such places and for such time as
the Honorable Court may order in accordance with Section 14 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, posses, 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 9, 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. MURILLO
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 18, 2016 issued an Order directing the publication in a newspaper
of general circulation the summons to the UNKNOWN SURVIVING HEIRS OF FELIPE
RANJO considering that the private defendants are unknown.
NOW THEREFORE,
you UNKNOWN HEIRS OF RELIPE RANJO owner of Lot No. 160833 under Tax Declaration
No. 08-0009-00788 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 6th
day of May 2016 at Bangui, Ilocos Norte, Philippines.
(SGD) MARGIE GINES-LAROYA
Clerk of Court VI
1 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 the people;
and an expanding productivity as the key
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 9, 16, 2016*IT
Publication Notice
R.A. 10172
NOTICE TO THE PUBLIC
May 6, 2016
CFN-005-2016
CCE-0019-2016 R.A. 10172
In Compliance
with the publication requirement and pursuant to the 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 here served to the pubic that
MARILYN ABENOJAR RIGONAN has filed with this Office, a petition for change of
first name from HERMINIGILDA ROSEMARIE to ROSEMARIE and corrections of entries
in date of birth from April 30, 1960 (MCRO Copy)/ April 3, 1960 (OCRG Copy) to
April 13, 1960, the child’s middle name from BALILING to ABENOJAR and the
mother’s full name from ESTERLINA A. BALILING to ESTERLINA BALILING ABENOJAR in
the certificate of live birth of HERMINIGILDA ROSEMARIE B. RIGONAN who was born
on April 30, 1960 (MCRO Copy)/April 3, 1960 (OCRG Copy) at Badoc, Ilocos Norte
and whose parents are FELIX G. RIGONAN and ESTERLINA A. BALILING.
Any person
adversely affected by said petition may file his written opposition with this
Office not later than May 23, 2016.
(SGD) PABLO M. REYES
Municipal Civil Registrar
May 9-15, 16-22, 2016*IT
_______________________________________________
R.A. 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 herby
served to the public that JIMMIE CHAN DAMIAN has filed with this Office a
petition of change of first name from JIMMIE JULIO to JIMMIE in the birth
certificate of JIMMIE JULIO CHAN DAMIAN who was born on July 15, 1956 at Badoc,
Ilocos Norte and whose parents are PATERNO V. DAMIAN and CARIDAD CHAN.
Any personal adversely affected by said petition may file his
written opposition with this office not later than May 23, 2016.
(SGD) PABLO M. REYES
Municipal Civil Registrar
May 9-15, 16-22, 2016*IT
_______________________________________
Republic of the Philippines
Regional Trial Court
First Judicial Region
Branch 15, Laoag City
In re: Petition for the
Correction of
Entries in the Birth
Certificate of
Erlinda Yoro Maximo,
Erlinda Yoro Maximo-Kimpson,
Petitioner,
-versus-
THE CITY CIVIL REGISTRAR of
Laoag City, Ilocos Norte, CIVIL REGISTRAR GENERAL, Philippine Statistics
Authority, Manila and any and/or all person/s whose interest maybe affected
thereby.
Respondents,
Sp. Proc. No. 16887-15
For Correction of Entries
x-----------------------------------------x
ORDER
Before this Court
is a verified version for the correction of entry in the Birth Certificate of
petitioner Erlinda Yoro Maximo-Kimpson, particularly the alleged erroneous
entries in her date of birth and the name of her mother.
It is alleged in
the petition that the petitioner is of legal age, married, natural-born
Filipino citizen and a resident of Brgy. 57, Pila, Laoag City. Petitioner alleges
that she was born on May 9 1951 at Brgy. 57, Laoag City of the spouses Juan
Maximo and Rosalina Yoro. However her date of birth in her Local and PSA-NSO
Certificates of Live Birth were erroneously entered as “May 9, 1952” and the
name of her mother was likewise erroneously entered as “Roselina Yoro”; that
petitioner has filed this instant petition in order to avoid any confusion that
may arise from her Certificate of Live Birth.
Finding the
petition to be sufficient in form and substance, this Court sets the same for
hearing on June 9, 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, the Civil Registrar General, National Statistics Office,
Manila, the Office of the Solicitor General 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 20th day of April 2016, at Laoag City.
(SGD) BENJAMIN D. TURGANO
Judge
May 9, 16, 23, 2016*IT
_____________________________________________
Republic of the Philippines
Regional Trial Court
First Judicial Region
Branch 15, Laoag City
EMELYN B. TIBURCIO-LEANO AND
IMELDA P. BONILLA-
TIBURCIO.
PETITIONERS,
-VERSUS-
THE LOCAL CIVIL REGISTRAR OF
LAOAG CITY, THE CIVIL REGISTRAR
GENERAL, PHILIPPINE STATISTICS
AUTHORITY, MANILA, AND ALL OTHER INTERESTED PERSONS.
Respondents,
Sp. Proc. No. 16872-15
For Change of Name
x----------------------------------------------x
ORDER
Before this Court
is a verified petition for the change of name in the Birth Certificate of
Petitioner Emelyn B. Tiburcio-Leano, particularly the alleged erroneous entries
in the name of her mother and her middle name.
It is alleged in
the petition that petitioners are residents of Brgy. 40, Balatong, Laoag Ctiy
and that the surname “de Gala” of petitioner Imelda Tiburcio in Emelyn’s birth
records is erroneous as it was the surname of Imelda’s step-father Ernesto de
Gala. As a result, the middle name of petitioner Emelyn Tiburcio has been
erroneously indicated as “G” wich stand for de Gala. Thus petitioner has filed
this instant petition in order to straighten her civil records and thus avoid
any confusion on her paternity/filiation, identity and status.
Finding the
petition to be sufficient in form and substance, this Court sets the same for
hearing on September 28, 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, the Civil Registrar General, National Statistics Office, Manila,
the Office of the Solicitor General 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 20th day of April 2016, at Laoag City.
(SGD) BENJAMIN D. TURGANO
Judge
May 9, 16, 23, 2016*IT
__________________________________________
AFFIDAVIT OF EXTRA-JUDICIAL
SETTLEMENT OF ESTATE
Notice is hereby
given that the intestate estate of the late BERNARDO MABBAYAD TARUN consisting
of his deposits in his account with PUBLIC SAFETY SAVINGS AND LOAN ASSOCIATION,
INC. (PSSLAI) under Account No. 01-00772929 has been adjudicated by his heir
ratified and acknowledged before Notary Public JOSEPHUS B. NEREZ as per Doc.
No. 300; Page No. 30; Bk. No. XVI; S. of 2016.
May 9, 16, 23, 2016*IT
DEED OF ADJUDICATION WITH
QUITCLAIM
Notice is hereby
given that the intestate estate of the late FLORENCIO A. VISITACION, JR. consisting
of a bank deposit with the BANK OF THE PHILIPPINE ISLAND (BPI), LAOAG BRANCH
under his Joint Peso Savings Account No. 5193206265 with ADELINA A. VISITACION
and AILEEN A. VISITACION has been the subject of Deed of Adjudication with
Quitclaim executed by his heirs in favor of ADELINA A. VISITACION ratified and
acknowledged before Notary Public JOSEPHUS R. NEREZ as per Doc. No. 492; Page
No. 50; Bk. No. XV; S. of 2016.
May 9, 16, 23, 2016*IT
_______________________________________
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