Form 30 40
Form 30 40
Form 30 40
JOSE DE LA CRUZ,
Plaintiff,
PEDRO MENDOZA,
Defendant
x------------------------------------x
The undersigned counsel for plaintiff, hereby gives notice that JOSE
DE LA CRUZ died on February 16, 2019, his death certificate being
attached hereto as Annex “A”.
Copy furnished:
Atty. Marilen Saniel
Counsel for defendant
Bgy. San Pedro, Mindoro
PROOF OF SERVICE
SPEEDY GONZALES
COMPLAINT ALLEGING DIFFERENT CAUSES OF ACTION
Delfin Padilla,
-versus-
Defendant
x------------------------------------------------x
COMPLAINT
PRAYER
DELFIN PADILLA
Affiant
NATALIA C. SANTOS,
Plaintiff,
-versus-
Mandatory Injunction
Defendant.
x--------------------------x
ANSWER
(with Counterclaim)
COMES NOW the Defendant JUAN RICARDO G. TORRES,
represented by the undersigned counsels, before the Honorable Court, most
respectfully submits this Answer with counterclaim, averring that:
2. Paragraph 2 is admitted;
3. Paragraphs 3, 3.1, 3.2, 3.3, 3.4 are denied. As regards the ownership
of the Plaintiff of the subject parcel of land situated at a residential
area in Barangay Pakigne, Minglanilla, Cebu, the Transfer Certificate
of Title attached as Annex A in the complaint is specifically denied
for want of genuineness and authenticity. The Transfer Certificate
Title is just a certified true copy and did not contain the succeeding 3
pages of the title, the original owner’s duplicate copy of such is in the
possession of the defendant;
13.Save for the legal provisions quoted in paragraph 10, 10.1,10.2, the
rest of the allegations are denied, the truth being that stated in the
affirmative and special defenses hereunder;
14.Save for the legal provisions quoted in paragraph 11,12,13,14, the rest
are denied, the truth being that stated in the affirmative and special
defenses hereunder. As regards the receipt attached as Annex J in the
complaint, it is specifically denied for want of genuineness and
authenticity for it is not even the official receipt of the concern
Barangay;
Therefore there was no right that was violated on the part of the
plaintiff to speak of since the absolute and registered owner is the defendant
and not the plaintiff.
18.No cloud of Title exists nor is there a need for a quieting of title
that affects the lot mentioned by the Plaintiff in the Complaint.
In order that an action for quieting of title may prosper, two
requisites must concur: (1) the plaintiff or complainant has a
legal or equitable title or interest in the real property subject of
the action; and (2) the deed, claim, encumbrance, or
proceeding claimed to be casting cloud on his title must be
shown to be in fact invalid or inoperative despite is prima facie
appearance of validity or legal efficacy.
COUNTERCLAIMS
In the rare event that the Honorable Court shall resolve to proceed
with the trial of the case despite the above special and affirmative
defenses, the Defendant submit the following compulsory
counterclaims and for this purpose, hereby restate and repleads all the
allegations in the preceding paragraphs by way of reference and
incorporation:
Other reliefs just and equitable under the premises are likewise
prayed for.
By:
Affiant
SUBSCRIBED AND SWORN TO before me, by the above named affiant, this
December 13, 2018 who is personally known to me and to me know personally to be
the same person who signed this VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING in Province of Naga, Cebu, Philippines.
Atty.Rachel E. Bonita
Atty.Richelle Jane Bayona
Atty.Angela Joann G. Canares
Atty.Jose Neil D. Lumongsod
Counsels for the Plaintiff
Suite 205, Silver Tower Bldg.,
Lahug,Cebu City
XIAN LAO,
Plaintiff,
MATEO GO,
Defendant.
x---------------------------------------------------x
SPECIAL/AFFIRMATIVE DEFENSES
MATEO GO
Affiant
JOLO TREVOR
Defendant
123 Singalong St.
Manila
EXPLANATION
Copy of the ANSWER was server by registered mail due to time and
distance constraints and for luck of the undersigned’s staff who can serve
the same in person.
ZEUS MORALES
MOTION TO DECLARE DEFENDANT IN DEFAULT
x-------------------------------x
which defendant failed to file his answer to the complaint within rhe 15-
before the clerk of court on such date as may be fixed, , after which
NOTICE OF HEARING
HON.CLERK OF COURT
BR.8
Greetings.
Please be notified that the foregoing motion will be set for hearing this
10th day of May 2005, 8:30 AM.
COPY FURNISHED:
RECIEVED BY:
ATTY.DAVE B. CONSEBIT
Counsel for the Respondent
MOTION TO CANCEL LIS PENDENS
ALEX BERMEJ
Plantiff, Civil Case No.323232
-versus- For:
2. Defendant caused the recording of the lis pendens for the purpose
of molesting plaintiff, and the recordal thereof is not necessary to
protect his rights to the property, his right thereto, if any, is only
indirect and contingent.
NOTICE OF HEARING
Sir:
I, Juan Dela Cruz, of legal age and with residence at 23 Jump St.
Mabolo Cebu City, having been duly sworn, depose and say:
1. I am the Plaintiff;
2. I believe that the information contained in the affidavit is true; and
3. I request this Honorable Court to make the orders sought in the
notice of motion.
x--------------------------------------------------x
admitted.
Plaintiff prays for such other reliefs as may be just and equitable in
the premises.
ATTY.ERIKA JUDI LOMOCSO
Counsel for Plaintiff
Commission Expires on December 31,2019
IBP No. 1234512-13-2019
PTR No. 3445454512-3-2019
MCLE Compliance No.V-923445.December 4,2019
Roll.no. 656452
NOTICE OF HEARING
HON.CLERK OF COURT
BR.9
Greetings.
Please be notified that the foregoing motion will be set for hearing this
10th day of May 2019, 8:30 AM.
COPY FURNISHED:
RECIEVED BY:
ATTY.DAVE B. CONSEBIT
Counsel for the Respondent
EXPLANATION
Copy of the MOTION was server by registered mail due to time and
distance constraints and for luck of the undersigned’s staff who can serve
the same in person.
ZEUS MORALES
MOTION FOR DISMISSAL OF COMPLAINT
x----------------------------------------------x
Greetings.
Please be notified that the foregoing motion will be set for hearing this
10th day of May 2019, 8:30 AM.
COPY FURNISHED:
RECIEVED BY:
ATTY.DAVE B. CONSEBIT
Counsel for the Respondent
EXPLANATION
Copy of the MOTION was server by registered mail due to time and
distance constraints and for luck of the undersigned’s staff who can serve
the same in person.
ZEUS MORALES
PRETRIAL BRIEF
NATALIA C. SANTOS,
Plaintiff,
Defendant.
X-------------------------------------------------------x
PRE-TRIAL BRIEF
Whether or not plaintiff has the legal or equitable title to the parcel of
land in question
The defendants grounds its answer on the provision of the New Civil
Code and 1997 Rules of Procedure.
IX. RESERVATION
It is respectfully requested that the trial dates be set during the pre-trial
conference to dates most convenient to this Honorable Court and to all the
parties.
RESPECTFULLY SUBMITTED.
By:
AIA MARIE COMEDIDO
IBP O.R. NO.3454/12-30-2018/CEBU CITY
PTR O.R.NO.12345/12-30-2018/CEBU CITY
MCLE COMPLIANCE NO.111-12345/December 1,2018
ROLL NO:4565
Atty.Rachel E. Bonita
Counsels for the Plaintiff
Suite 205, Silver Tower Bldg.,
Lahug,Cebu City
Republic of the Philippines}
Province of Cebu } S. S
PRIMITIVO SANTOS
Affiant
SSS ID NO: 06-1234567-03