Notices for Feb. 16, 2015

Publication Notice

R.A. 10172

NOTICE TO THE PUBLIC

CCE-0005-2015   RA 10172                                   February 11, 2o15

          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 FELY DOMINGO GALAS has filed with this Office, a petition for correction of Date of Birth from “04 MAY 1969” to “07 AUGUST 1969”, in the Certificate of Live Birth of FELY JUAN DOMINGO at Subec, Pagudpud, Ilocos Norte and whose parents are Federico Domingo Sr. and Eustaquia Juan.

          Any person adversely affected by said petition may file his written opposition with this Office not later than March 2, 2015.

(SGD) MAURO G. MALDA

Municipal Civil Registrar

Feb. 16-22, Feb. 23- March 1, 2015*IT

______________________________

REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES

 BRANCH 01

LAOAG CITY

ASUNCION C. FARIÑAS,

Plaintiff,

-versus-

CELIA AGUSTIN,

Defendant.

Civil Case No. 3508

For REVIVAL OF JUDGMENT

x- - - - - - - -x

O R D E R

          Noted for the record Manifestation filed today by the plaintiff, through counsel. Attached to the Manifestation is the Affidavit of the plaintiff – Ms. Asuncion C. Fariñas.

          Let the Manifestation and its attachment form part of the record of the case.

          The pleading is considered SUFFICIENT COMPLIANCE to the requirement specified under Sections 14 and 17 of Rule 14 of the Revised Rules of Court. Thus, the Motion for Leave of Court to Serve Summons by Publication is GRANTED.

          Let the service of summons, on the defendant – Ms. Celia Agustin be effected by:

1)      Publication in a newspaper of general circulation, in the City of Laoag and the Province of Ilocos Norte, once a week for three (3) consecutive weeks; and

2)    Deposit of a copy of the Summons and Order of Publication in the post office, with postage prepaid, directed to the defendant by registered mail to her last known address – Barangay 38-A Mangato, Laoag City, in compliance with Section 19 of the Revised Rules of Court.

Both processed of serving summons shall be at the expense of the plaintiff.

SO ORDERED.

Done in Chambers, this 28^th day of January 2015, at Laoag City, Philippines.

(SGD) MYRA SHEILA NALUPTA-BARBA

Presiding Judge

Copy Furnished:

1.       ATTY. MELVER G. TOLENTINO

Counsel for the Plaintiff

Unit V, 2^nd Floor, Isidoro Building

Quezon Avenue cor. Liberation Boulevard

Vigan City

2.     MS. ASUNCION C. FARIÑAS

Plaintiff

Barangay 55-A Barit

Laoag City

3.     MS. CELIA AGUSTIN

Defendnat

Barangay 38-A Mangato

Laoag City

REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES

BRANCH 01

LAOAG CITY

ASUNCION C. FARIÑAS,

Plaintiff,

-versus-

CELIA AGUSTIN,

Defendant.

Civil Case No. 3508

For REVIVAL OF JUDGMENT

x- - - - - - - -x

TO: MS. CELIA AGUSTIN

Defendant

Barangay 38-A Mangato

Laoag City

S U M M O N S

          You are hereby required, within fifteen (15) days after service of this summons upon you, to file with this court and serve on the plaintiff/s your answer to the complaint, copy of which is attached, together with the annexes. You are reminded of the provision in the IBP-OCA Memorandum on Policy Guidelines dated March 12, 2002 to observe restraint in filing a motion to dismiss and instead allege the grounds thereof as defenses in the Answer. If you fail to answer within the time fixed, the plaintiff/s will take judgment by default and may be granted the relief applied for in the complaint.

          If you can not afford to pay for the services of a private counsel you are advised to submit your qualifications as an indigent litigant to the Public Attorneys’ Office (PAO) – Laoag City or the Legal Aid Office of the Integrated Bar of the Philippine (IBP) Ilocos Norte – Laoag City Chapter, to determine if you can avail of the free legal services rendered by said offices.

          WITNESS my hand under the seal of the Court on the 2^nd day of February, 2015 at Laoag City, Philippines.

(SGD) LETICIA M. AGUTO

Clerk of Court III

REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES

BRANCH 01

LAOAG CITY

ASUNCION C. FARIÑAS,

Plaintiff,

-versus-

CELIA AGUSTIN,

Defendant.

Civil Case No. 3508

For REVIVAL OF JUDGMENT

x- - - - - - - -x

C O M P L A I N T

          Plaintiff ASUNCION C. FARIÑAS, by counsel, respectfully states:

1.       Plaintiff ASUNCION C. FARIÑAS is a Filipino, of legal age, married, with full capacity to sue and a resident of 55-A Barit, Laoag City, Ilocos Norte and she may be served with notices, orders, and other processes of the Honorable Court through the undersigned counsel at his law office address as indicated herein.

2.     Defendant CELIA AGUSTIN, is also a Filipino,  of legal age, widow and  a resident of Brgy. 38-A, Mangato, Laoag City, Ilocos Norte where she may be served with summons, notices, orders and other court processes of the Honorable Court.

3.     Plaintiff is the owner-proprietor of “F” Jewelry while defendant was her former customer in her business.

4.     Sometime on 2004, defendant issued three (3) Banco-Filipino-Laoag City checks as payment of the pieces of jewelry she procured from the plaintiff but when the said checks were presented for payment all were dishonored for the reason “CLOSED ACCOUNT”.

5.     Consequently, after sending defendant a formal written demand, plaintiff filed a criminal complaint for violation of BP 22 for the said three (3) checks bum checks against the defendant before the Office of the City Prosecutor of Laoag City, Ilocos Norte which after evaluation, the said Office found propbable cause for the indictment of defendant for three (3) counts of violation of said law which cases were raffled to this Honorable Court and docketed as Criminal Case Nos. 34433, 34434 and 34435.

6.     After trial on the merits, this Honorable Court then issued its Joint Decision dated 10 July 2008 finding herein defendant guilty or convicting her for committing three (3) counts of violation of said BP 22 in all said cases with the imposition of fine and subsidiary imprisonment in case of insolvency with indemnification for damages corresponding to the respective amount of the checks she issued plus 12% interest per annum from 29 March 2005 until the finality of said decision and thereafter the payment of compounded interest until fully paid. A copy of the said Joint Decision dated 10 July 2008 is attached and made as an integral part hereof as Annex A.

7.     A writ of execution was then issued for the implementation of the civil aspect of award of damages for the said cases due to the finality of the Joint Decision dated 10 July 2008 but apparently, the same was not enforced within the five (5) year period from its finality. A copy of the said Writ of Execution is attached and made as an integral part hereof as Annex B.

8.     The said Joint Decision dated 10 July 2008 became final and executory and recorded in the Entries of Judgment of the Honorable Court on 28 July 2008 but was not executed per the Entry of Judgment and Certification issued by the personnel of this Honorable Court, copies of which are attached and made as an integral parts hereof as Annexes C and C-1, respectively.

9.     Considering that the said Joint Decision dated 10 July 2008 of this Honorable Court with respect to the awards of civil liability or damages against the defendant and for the plaintiff were not implemented or executed within the five (5) year period for execution from finality, an action for the revival of such judgment therefore is warranted by Section 6, Rule 39 of the 1997 Rules of Civil Procedure which provides that after the lapse of five (5) years from entry of judgment and before it is barred by the statute of limitations, a final and executor judgment or order may be enforced by action and jurisprudence on the matter. Hence, this Complaint.

10.  Plaintiff therefore prays that this action be granted to revive the said Joint Decision dated 10 July 2008 of the Honorable Court for the enforcement of the award of civil liabilities or damages in favor of the plaintiff.

11.    Plaintiff further prays that award of moral, exemplary damages not less than P20,000 each and Attorney’s Fees in the amount of P30,000.00 and litigation expenses be also awarded in her favor considering the utter refusal and evasiveness of said defendant to pay the judgment obligation.

12.  This action is being filed before this Honorable Court in accordance with the principle in Aldeguer v. Gemelo, 68 Phil. 421 (1939) which states: “x xx an action upon a judgment must be brought either in the same court where said judgment was rendered or in the place where the plaintiff or defendant resides, or in any other place designated by the statutes which treat of the venue of actions in general.”

PRAYER

          WHEREFORE, premises considered, plaintiff respectfully prays that judgment be rendered ordering the revival of said Joint Decision dated 10 July 2008 for the implementation and execution of the award of civil damages in favor of the plaintiff and award of moral, exemplary damages and Attorney’s Fees including litigation expenses as aforementioned, be given to her favor and against the defendant.

          Other reliefs, just and equitable under the premises, are also prayed for.

          Vigan City, Ilocos Sur for Laoag City, Ilocos Norte, 27 October 2014.

(SGD) MELVER G. TOLENTINO

Counsel For The Plaintiff

ASUNCION FARIÑAS

Unit V, 2^nd Floor, Isidoro Building

Quezon Avenue cor. Liberation Bvd.

Vigan City, 2700 Ilocos Sur

Roll of Attorneys No. 49490

IBP No. 948967 – 01/08/14 – Ilocos Sur

PTR No. 1732272 – 01/08/14 – Ilocos Sur

MCLE Comp. Cert. No. IV-00005723 – 09/05/2012

Republic of the Philippines)

Province of Ilocos Norte…..)..S.S.

x---------------------------------------x

VERIFICATION AND CERTIFICATION

          I, ASUNCION C. FARIÑAS, Filipino, of legal age, married and a resident of 55-A Barit, Laoag City, Ilocos Norte, after having been sworn in accordance with law, hereby states that:

1.       I am the plaintiff in the instant case and I have read the foregoing complaint and the allegations therein are true and correct based on my own personal knowledge and/or authentic records on hand.

2.     I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency and that no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, I hereby undertake to notify this Honorable Court within five (5) days from such notice.

IN WITNESS WHEREOF, I hereby affix my signature on this October 29, 2014 in Laoag Ciy, Ilocos Norte.

(SGD) ASUNCION C. FARIÑAS

Affiant

         

SUBSCRIBED AND SWORN to before me, on the date and place mentioned above, affiant exhibited to me her LTO Driver’s License No. TIN # 110529134 issued by LTO at Laoag City, Ilocos Norte.

(SGD) ATTY. JASON BADER LL. PERERA

Notary Public

Until December 31, 2015

Roll of Attorneys No. 54820

IBP No. 868244-L.C.-12/11/13

PTR No. 0724254-L.C.-01/02/2014

Feb. 16, 23, March 2, 2015*IT

____________________________________

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION

BRANCH 14, LAOAG CITY

IN RE: PETITION FOR THE CANCELLATION OF THE ENTRIES IN THE BIRTH RECORD/CERTIFICATES OF DOMINADOR MELCHOR LORENZO IN THE NATIONAL STATISTICS OFFICE, ON HIS MIDDLE NAME FROM NONE TO MELCHOR AND ON HIS DATE OF BIRTH FROM SEPTEMBER 15, 1937 TO SEPTEMBER 15, 1957

DOMINADOR M. LORENZO,

Petitioner,

-versus-

THE LOCAL CIVIL REGISTRAR OF LAOAG CITY AND THE CIVIL REGISTRAR GENERAL, MANILA (NSO),

Respondents.

Sp. Proc. No. 16609-14

x- - - - - - - -x

O R D E R

          Filed by petitioner Dominador M. Lorenzo before this Court is a petition for the cancellation of the entries in his birth records in the Local Civil Registrar of Laoag and Civil Registrar General, Manila. The petitioner specifically prays that the entry on the column for the name of child be changed from “Dominador Lorenzo” to “Dominador Melchor Lorenzo” and the entry on the column for the date of birth from “September 15, 1937” to “September 15, 1957”.

          Finding the petition to be sufficient in form and substance, the Court hereby sets the hearing of the same on March 18, 2015, 9:00 A.M., before this Court sitting at the 2^nd floor, Marcos Hall of Justice, Laoag City, at which date and time any person who may be adversely affected may file his opposition or appear and show cause why the petition should not be granted.

          Let this Order be published once a week for three (3) consecutive weeks in any newspaper of general circulation in the Province of Ilocos Norte and Laoag City, at the expense of the petitioner.

          Let a copy of this Order together with the petition be furnished the Office of the Solicitor General, the Office of the Local Civil Registrar of Laoag City, the Civil Registrar General, and the Office of the City Prosecutor.

          SO ORDERED.

          Laoag City, February 3, 2015.

(SGD) FRANCISCO R.D. QUILALA

Presiding Judge

Feb. 16, 23, March 2, 2015*IT

_________________________________

DEED OF ADJUDICATION AND SALE

          Notice is hereby given that the intestate estate of the late GUILLERMO MARTIN and TERESITA MARTIN consisting of a parcel of land designated as Lot No. 1-A, Psd-01-086750 (Lot No. 1294 Dingras Cad.) covered by TCT No. T-6122-part containing an area of 13,832.50 sq. m. has been adjudicated by his heir and simultaneously sold to Yolanda Quebral ratified and acknowledged before Notary Public Bernie Francis B. Constantino as per Doc. No. 219; Page No. 45; Bk. No. XXXIV; S. of 2015.

Feb. 16, 23, March 2, 2015*IT

______________________________

EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH DEED OF ABSOLUTE SALE

          Notice is hereby given that the intestate estate of the late VICTORIANO GONZALES a.k.a. VICTORINO GONZALES consisting of his share of a parcel of land designated as Lot No. 4269-C covered by ARP No. 08-008-00094 containing an area of 442 sq. m. situated at San Simeon, Currimao, Ilocos Norte has been adjudicated by his heir and simultaneously sold to Natalie C. Go ratified and acknowledged before Notary Public Da Vinci M. Crisostomo as per Doc. No. 399; Page No. 81; Bk. No. CCXXXIV; S. of 2014.

Feb. 16, 23, March 2, 2015*IT

______________________________