Notices for May 23, 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 HEIRS OF FELIPE RANJO, and the MUNICIPAL ASSESSOR OF PASUQUIN, ILOCOS NORTE, ET.AL.,

Defendants,

CIVIL CASE NO. 2391-19

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 defendant is 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 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.  Private defendants claimed and interest, based on Tax Declaration No. 08-0010-00514 over Lot No. 170110, with an area of 1,000 square meters (sq.m.) situated in Barangay 10, Estancia, Pasuquin, Ilocos Norte.

17.  Plaintiff seeks to expropriate a portion of the subject property or the aggregate area of 15.00 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 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 20.00 per sq.m.

23. During the hearing, plaintiff will tender payment to private defendants in the total amount of PHP 300.00, which is equivalent to one hundred percent (100%) of the subject portion’s value based on the current relevant zonal evaluation.

24.Upon compliance with the requirements particularly the tender of payment to private defendants or, in case of their absence or refusal to accept, upon its deposit with the 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 tender of payment to private defendants or upon deposit with the Honorable Court- I ncase of their absence or refusal to accept – in an  amount equivalent to 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 May 17, 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 FELIPE RANJO owner of Lot No. 170110 under Tax Declaration No. 08-0010-00514 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 20th^th day of May 2016 at Bangui, Ilocos Norte, Philippines.

(SGD) MARGIE GINES-LAROYA

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 enterprises, 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 23, 30, 2016*IT

___________________________________________

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ILOCOS NORTE

FIRST JUDICIAL REGION

BRANCH 12, LAOAG CITY

IN RE: PETITION FOR CANCELLATION AND/OR CORRECTION OF ENTRIES IN THE BIRTH RECORDS OF KYLE DRYDHEN DULDULAO EUGENIO, PARTICULARLY ON THE FIRST NAME OF FATHER COLUMN

FROM “CARLITO” TO “CARLITO JR.”, LAST NAME OF FATHER COLUMN FROM “EUGENIO, JR.”   TO “EUGENIO”, THE ENTRIES ON THE DATE AND PLACE OF MARRIAGE OF PARENTS WHICH SHOULD BE CANCELLED THE SPELLING OF “BRGY. CARIBCIB” AS RESIDENCE OF THE MOTHER AND ADDRESS OF THE INFORMANT BE CORRECTED TO “BRGY.  CARIBQUIB” AND NAME OF THE AFFIANT IN THE AFFIDAVIT FOR DELAYED REGISTRATION OF BIRTH FROM “AILEEN D. EUGENIO” TO “AILEEN S. DULDULAO”;

CARLITO G. EUGENIO, JR. and AILEEN S. DULDULAO

Petitioners,

-versus-

THE LOCAL CIVL REGISTRAR OF LAOAG CITY, THE NATIONAL STATISTICIAN AND CIVIL REGISTRAR GENERAL, PHILIPPINE

STATISTICS AUTHORITY, AND ALL PERSONS THAT MAY BE AFFECTED THEREBY,

Respondents,

SP. PROC. No. 16896

X ---------------------------------------------------- X

ORDER

This is a verified petition filed with this Court for the cancellation and/or correction of entries in the birth records of Kyle Drydhen Duldulao Eugenio, particularly on the first name of father column from “Carlito” to “Carlito Jr.”, last name of father column from “Eugenio, Jr.”, to “Eugenio”, the entries in on the date and place of marriage of parents which should be cancelled, the spelling of “Brgy. Caribcib” as residence of the mother and address of the informant be corrected to “Brgy. Caribquib”, and name of the affiant in the affidavit for delayed registration of birth from “Aileen D. Eugenio” to “Aileen S. Duldulao”, filed by herein petitioners through counsel.

Finding the petition to be sufficient in form and substance, notice is hereby given that this petition is set for hearing on June 15, 2016 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 offices of the Local Civil Registrar of Laoag City, the City Prosecutor of Laoag City, the National Statistician, and Civil Registrar General, Manila, Philippine Statistics Authority, Manila and the Solicitor General, Manila.

SO ORDERED.

May 6, 2016, Laoag City Ilocos Norte.

(SGD) NIDA B. ALEJANDRO

Presiding Judge

May 23, 30, June 6, 2016*IT

_________________________________________________________

R.A. 9048 Form No. 10.1 (LCRO)

Republic of the Philippines

Local Civil Registry Office

Province: Ilocos Norte

Municipality: Pasuquin

NOTICE FOR PUBLICATION

          In compliance with Section 5 of R.A. Act No. 9048, a notice is hereby served to the public that CARLINO B. MADRID has filed with this office a petition for change of first name from CAROLINO to CARLINO in the birth certificate of CAROLINO MADRID who was born on March 28, 1956 at Pasuquin, Ilocos Norte and whose parents are SANTOS MADRID and MECEDES BULOSAN.

          Any person adversely affected by said petition may file his written opposition with this office not later than June 6, 2016.

(SGD) FELIZA C. RATUITA

Municipal Civil Registrar

May 23-29, May 30-June 5, 2016*IT

________________________________________________________

DEED OF ADJUDICATION WITH ABSOLUTE SALE

          Notice is hereby given that the intestate estate of the late EFREN CARANOG PASCUA consisting of a motor vehicle which is more particularly described as follows: Make-Honda; Type of Body-Motorcycle; Chassis No. KB509424393; MV File No. 0124-00000103773; Series-TMX 1559; Plate No. AO19995; Motor No. KB509E424379 and Year Model-2013 has been adjudicated by his heir and simultaneously sold to SIDNEY JERSON CALZADA AGPAOA ratified and acknowledged before Notary Public ROXANNE LEE I. CASTRO as per Doc. 373; Page No. 75; Bk. No. XXII; S. of 2016.

May 23, 30, June 6, 2016*IT

___________________________________________

DEED OF ADJUDICATION WITH ABSOLUTE SALE

          Notice is hereby given that the intestate estate of the late ALIPIO PASION and EDUARDA GUIEG-PASION consisting of  their undivided one-half (1/2) share of a parcel of land designated as Lot No. 3492-B, of the subdivision plan (LRC) Psd-183941 being a portion of Lot No. 3492, Laoag Cadastre, L.R.C. Cad. No. 1151 covered by TCT No. 021-T-10342 containing an area of 4,026 sq.m. situated in Barrio of Balacad, City of Laoag has been adjudicated by their heir and simultaneously sold a portion of the undivided share of the above-described parcel of land with an area of 1,933 sq.m. designated as Lot  No. 3492-B-2, Psd-01-084922 to Sps. VICENTE MARK ANTHONY P. BLANCO and LYRA E. BLANCO ratified and acknowledged before Notary Public ELENA MAYE S. QUITOLA as per Doc. No. 199; Page No. 39; Bk. No. V; S. of 2013.

May 23, 30, June 6, 2016*IT

___________________________________________

DEED OF EXTRAJUDICIAL SETTLEMENT WITH ABSOLUTE SALE

          Notice is hereby given that the intestate estate of the late TEOFILO CONSTANTINO consisting of two (2) parcels of land designated as Lot Nos. 5442 and 5438 both of Cad-398 covered by OCT Nos. P-34152 and P-34151 containing an area of 9,903 sq.m. and 3,814 sq.m. both situated at Brgy. Dariwdiw, Batac, Ilocos Norte has been adjudicated by his heirs extrajudicially and simultaneously sold to MARK JOSHUA SANTOS ratified and acknowledged before Notary Public YVETTE N. CONENTO-LEYNES as per Doc. No. 221; Page No. 23; Bk. No. 97; S. of 2015.

May 23, 30, June 6, 2016*IT

___________________________________________

DEED OF ADJUDICATION

          Notice is hereby given that the intestate estate of the late EDGAR L. PARAISO consisting of a motorcycle, and more particularly described hereunder, to wit: Make/Series-Honda/TMX1559; Body Type-MC w/ Sidecar; Plate No. 3921ZN; Motor No. KB509E262032; Serial/Chassis No. KB509262033; MV File No. 0124-00000093811 and Cert. of Reg. No. 13217327-4 has been adjudicated by his heir ratified and acknowledged before Notary Public JOSEPHUS R. NEREZ as per Doc. No. 196; Page No. 20; Bk. No. XVII; S. of 2016.

May 23, 30, June 6, 2016*IT

___________________________________________

DEED OF EXTRAJUDICIAL SETTLEMENT WITH ABSOLUTE SALE

          Notice is hereby given that the intestate estate of the late JULIO R. SALLACUP consisting of undivided one-third (1/3) share of a parcel of land designated as Lot No. 15759-A, PSD-01-081202 (AR) being a portion of Lot 15759, CAD-738-D, Pagudpud Cadastre covered by TCT No. 022-2012000261 containing an area of 25,300 sq.m. situated at Brgy. Balaoi, Municipality of Pagudpud, Province of Ilocos Norte has been adjudicated by his heirs and simultaneously sold the 1/3 undivided portion of the above-described parcel of land to NARCISCO DULDULAO, JR. ratified and acknowledged before Notary Public DAVID C. FREZ as per Doc. No. 67; Page No. 51; Bk. No. III; S. of 2016.

May 23, 30, June 6, 2016*IT

___________________________________________

DEED OF ADJUDICATION WITH SALE

Notice is hereby given that the intestate estate of FERMIN ATCHAZO who resided in Brgy 14, Paoay, IN., consisting of Lot No. 9506, Cad. 445-D with O.C.T. No. P-42512 has been adjudicated by his surviving wife AURELIA C. ATCHAZO and daughter, REBECCA ATCHAZO ALVIAR, a.k.a REVILLA ATCHAZO, pursuant to Sec. 1, Rule 74, of the Rules of Court, subject to Sec. 4, thereof, and simultaneously sold it to the Sps. VIOLETO F. DUMAYAS and MARTA D. DUMAYAS, per that Deed of Adjudication with Sale, dated Nov. 6, 2015, bearing Doc. No. 361; Page No. 74; Book No. CCC; Series of 2015, notarized by Notary Public DA VINCI M. CRISOSTOMO, with Supplemental Description of the Properties Subject of the Deed of Adjudication with Sale (For Adjudication only) namely: Lots Nos. 14561; 13919; 25142 and 13988, covered respectively by TD Nos. 14-006-00494; 14-006-00172; 14-007-00518 and 14-017-00654, and all situated at Brgy. Laoag, Paoay, I. Norte.

May 23, 30, June 6, 2016*IT

___________________________________________

Notice to all Legal Heirs of the property with Original Certificate Title No. 11784 (Bantay Bimmukel) locatd at Barrio Vira (along Vintar road), Laoag City.

Please attend meeting at the residence of Francis Brenner Pasion with address at #27 Tomas Pasion St. Brgy. 17, Laoag City on April 25, 2016 at 2:00 pm. Important matter regarding the above property will be discussed. Please be ready with necessary documents evidencing inheritance clan. (Family tree, death certificate and special power of attorney) designating you as the legal representative of the original owner.

Furthermore there will be a meeting of all heirs with the City Assessor Engr. Ruben Domingo on April 27, 2016 at City Hall Conference Room at 2:30pm to discuss sale of above mention property and to negotiate selling price.

For further details please contact Francis Brenner Pasion at this no. 09177713134.

May 23, 30 2016*IT BOX 3”x4”