Everyone has a vocation
us to be with him, to correspond to the reality that God is already with us and wants us to actively participate in his plan for each one of us, which can assume an infinite variety of forms andSinceways.God lives in eternity, his call to us, though discovered and carried out in time, springs also in eternity. In short, if we cooperate with him, we can say that what he starts with us will also be completed by So,him. there’s really nothing to worry about. Our sense of vocation actually puts us in the best condition in our life here on earth.
KIM'S DREAM
ORLAN R. RAVANERA
THINK A MINUTE
JHAN TIAFAU HURST
HINTS AND TRACES
ROY CIMAGALA
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DANTE M. SUDARIA President/CEO BUSINESSWEEK MINDANAO CORPORATION Publisher ALLAN MARIO MEDIANTE Vice President for Corporate Affairs JOE FELICILDA Vice President for Administration RUFINO T. MAGBANUA Vice President for Business Development VICENTE C. DELA VICTORIA Vice President for Operations JOE PALABAO Vice President for Marketing ROSE MARY D. SUDARIA, P h D Vice President for Finance MIKE BAÑOS Vice President for Digital DANNYCAROSE SUDARIA-HALASAN Marketing Manager 09360462356 Social Injustice Committed Against 13 Million MC0s
OLIGARCHS/PAGE 11
NATIONAL GRID CORPORATION
Republic of the Philippines
REGIONAL TRIAL COURT OF LANAO DEL NORTE 12th Judicial Region BRANCH 07 Tubod, Lanao del Norte
SPL. CIVIL ACTION NO. 106-07-2021 OF THE PHILIPPINES, Plaintiff,
HEIRS OF SPOUSES IGNACIO CAÑIZARES GENARA LACARON- CAÑIZARES,Defendants.
SUMMONS BY PUBLICATION
Expropriation
15. To comply with the deposit requirement, plaintiff, notwithstanding that R.A. 10752 does not specifically apply to it, shall deposit with the Honorable Court an amount equivalent to the 100% of the BIR zonal value of the land sought to be expropriated in the total amount of TWO THOUSAND TWO HUNDRED THIRTY FIVE PESOS (Php2,235.00), consistent with the purpose of the said law and OCA Circular No. 113-2019 to simplify the deposit requirement in expropriation cases for the benefit of the defendants and in the interest of immediate implementation of the Project intended to benefit the public.
16. Upon deposit of the provisional amount, plaintiff would have fully complied with the requirements for the issuance of a writ of possession as mandated by law.
17. In a long line of cases and OCA Circular No. 113-2019, once the above requirements are complied with it, it becomes the ministerial duty of the trial court to issue the writ of possession in favor of the plaintiff, without need of any further hearing. Therefore, the Honorable Court can already immediately issue to the plaintiff an order to take possession of the portion of the property and start the implementation of the project.
18. Moreover, it must be emphasized that an expropriation proceeding is an action quasi in rem, wherein the fact that the owners of the property are made parties is not essentially indispensable insofar as it concerns the immediate taking of possession of the property and the preliminary determination of its value, including the amount to be deposited.
19. An action quasi in rem names a person as defendant, but its object is to subject that person’s interest in a property to a corresponding lien or obligation. In a proceeding quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res.
TO: ROEL CARUMBA Unknown Address
RODEL CARUMBA
GManilaRE E T I N G S!
WHEREAS, on June 9, 2022, the Court issued an order granting the plaintiff’s Motion for Leave of Court to Effect Summons by Publication, which reads among others: “On record is a Motion for Leave of Court to Effect Service of Summons by Publication filed by the plaintiff and it appears from the Sheriff’s Return of Summons that defendants Roel Carumba and Rodel Carumba whereabouts, cannot by diligent inquiry be ascertained, as prayed for in the Plaintiff’s aforesaid motion, let summons by publication be served to defendants Roel Carumba and Rodel Carumba in a newspaper of general circulation, once a week for three (3) consecutive weeks in a local newspaper and plaintiff is directed likewise to send copy of this order, summons, and complaint to the defendants to their last known addresses.
xxx SO ORDERED.”
WHEREAS, Complaint reads:
“C O M P L A I N T (With Urgent Prayer for Issuance of Writ of Possession)
Plaintiff, National Grid Corporation of the Philippines (NGCP), by counsel, respectfully states that:
1. Plaintiff is a private corporation created and existing under Philippine laws, with principal office address at NGCP Building, Quezon Avenue corner BIR Road, Diliman, Quezon City. It may be served with notices and other court processes through its Right-of-Way Department (ROWD) – Mindanao Division, Maria Cristina, Iligan City, copy furnished the aforementioned principal office.
2. Pursuant to Republic Act (R.A.) No. 9511, plaintiff was granted a franchise to operate, manage and maintain, and in connection therewith, to engage in the business of conveying or transmitting electricity through a high-voltage back-bone system of interconnected transmission lines, substations and related facilities, systems operations, and other activities that are necessary to support the safe and reliable operation of a transmission system and to construct, install, finance, manage, improve, expand, operate, maintain, rehabilitate, repair and refurbish the present nationwide transmission system of the Republic of the Philippines.
3. Under Section 4 of the same law, plaintiff was granted the power of eminent domain, subject to the requirements of the Constitution and existing laws.
4. Plaintiff is engaged in the business of transmitting electric power from the generating plants of power producers to distributors. As such, plaintiff’s business is imbued with public interest.
5. To address the country’s growing power demand and ensure continuous, reliable and efficient power supply, there is a need to interconnect the three (3) major power grids of Luzon, Visayas, and Mindanao into a single national grid. Aside from the sharing of systems reserve, the interconnection will also help optimize utilization of indigenous energy resources such as natural gas in Luzon, geothermal in the Visayas and hydro in Mindanao. Owing to this necessity, plaintiff must immediately construct the transmission lines that will transmit power to distributors of electricity not only in Mindanao but also in Luzon and Visayas. This undertaking is for the use and benefit of the public and part of it is known as the MINDANAO-VISAYAS INTERCONNECTION PROJECT (MVIP), integral part of which is the KAUSWAGAN-LALA 230kV TRANSMISSION LINE PROJECT (Project).
6. The said MVIP of NGCP is the first project certified by the Department of Energy (DOE) as an Energy Project of National Significance (EPNS) pursuant to R.A. 7638 of DOE Act of 1992, as amended, entitled to all the rights and privileges provided under Executive Order No. 30, series of 2017, as evidenced by the Certification dated 8 May 2018 issued by the Energy Investment Coordinating Council. Hence, the immediate completion and energization of the said project is critically important.
7. Defendants HEIRS OF SPOUSES IGNACIO CAÑIZARES AND GENARA LACARON – CAÑIZARES, namely: Ignacio L. Cañizares, Jr., Roberto L. Cañizares, Gerenodes L. Cañizares, Rosalinda C. Delantar, Felix L. Cañizares, Josephine C. Artajo, Carmelita C. Fabrigar, Maria Janeth C. Susulan, and Heirs of Rosalia C. Carumba, namely: Jinky Carumba, Roel Carumba, and Rodel Carumba, are all of legal age and Filipinos. They may be served summons, notices, and other processes of this Honorable Court through their Attorney-in-Fact, Ignacio L. Cañizares, Jr., at Purok 2, Brgy. Princesa, Baroy, Lanao del Norte. Moreover, summons and other processes of this Honorable Court may be served to the Heirs of Rosalia C. Carumba at their respective addresses indicated below opposite their names, viz:
20. The purpose of summons in actions quasi in rem is not the acquisition of jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process. Since the issuance of writ of possession is ex-parte, ministerial, and non-litigious in nature, the issuance thereof, even prior to the service of summons, will not violate defendants’ right to due process as the same can be done even without defendants’ participation. Besides, the issuance of a writ of possession does not prevent defendants from raising objections to and defenses against the expropriation of their property.
21. Plaintiff intends to present three (3) witnesses, namely: a) Engr. Licinio B. Capili, b) Engr. Nolito L. Notar, and c) Windsor C. Abaga, Sr., to establish, among others, NGCP’s authority to exercise the power of eminent domain, the propriety of its exercise in this case, and the bases for the determination of the just compensation. Copies of their Judicial Affidavits (with attached Exhibits “A” to “N”) are attached as Annexes C, D, and E and made an integral part hereof. Plaintiff intends to present additional witnesses if necessary.
P R A Y E R
WHEREFORE, premises considered, plaintiff most respectfully prays of this Honorable Court to:
1. ISSUE a Writ of Possession in plaintiff’s favor; authorizing plaintiff to enter and take possession of the property subject of this complaint that will be affected by the construction and implementation of the Project, consisting of a total area of 149 square meters, more or less, as described in paragraph 8 hereof; demolish the affected improvement and/or structures standing therein; order all defendants to vacate the same; directing the Philippine National Police (PNP) to assist plaintiff in the implementation of the said writ of possession so that project construction can immediately commence even during the pendency of the case; direct the Registry of Deeds for the Province of Lanao del Norte to enter the Writ of Possession in the Primary Entry Book and annotate the same in the Registration Book pursuant to Section 69 of Presidential Decree No. 1529;
2. After issuance of Writ of Possession, ISSUE an Order of Publication allowing plaintiff to effect service of summons to defendants Roel Carumba and Rodel Carumba and other defendants, if applicable, by publication, pursuant to Sections 16 and 17, Rule 14 of the Revised Rules of Civil Procedure;
3. ISSUE an Order of Expropriation declaring that the plaintiff has a lawful right to take possession and acquire the affected property specified in paragraph 8 hereof;
4. After the determination of just compensation, to authorize the payment thereof by plaintiff to defendants after deducting the capital gains and documentary stamp taxes for the transfer of the affected portion of Lot No. B-1, PSD-12032223, in the name of plaintiff, all other outstanding taxes under the National Internal Revenue Code, and all outstanding realty taxes and dues under the Local Government Code, which plaintiff shall remit to the Government;
5. ISSUE a judgment after determination of just compensation, declaring plaintiff as the lawful owner of the affected portion of Lot No. B-1, PSD-12-032223 consisting of a total area of 149 square meters, more or less, described in paragraph 8 hereof;
5. a.DIRECT: The Registry of Deeds for the Province of Lanao del Norte to register and annotate the Order of Expropriation and Judgment on TCT No. T-23,500 or any certificate of title that may hereafter be issued covering the portion of the property subject of this case pursuant to Section 85 of Presidential Decree No. 1529;
b. The Municipal Assessor of Baroy and/or Provincial Assessor of Lanao del Norte to cancel Tax Declaration No. H-150152 (03) and issue new and separate tax declaration in the name of plaintiff covering the portion of the subject property sought to be expropriated.
Iligan City for Tubod, Lanao del Norte, 11 January, 2020.
NATIONAL GRID CORPORATION OF THE PHILIPPINES Power Center, Quezon Avenue cor. BIR Road Diliman, Quezon CityBy:
LUIS MANUEL U. BUGAYONG
PTR No. 0599223 – 01/04/2021 – Quezon City
IBP Lifetime No. 010191/Rizal Chapter MCLE Compliance No. VI-0012003
Roll of Attorneys No. 38002
GORDON S. MONTOJO
PTR No. 0599215 – 01/04/2021 – Quezon City
IBP Lifetime No. 010193/Quezon City MCLE Compliance No. VI-0012024 Roll of Attorneys No. 44910
Considering that the specific addresses of defendants Roel Carumba and Rodel Carumba cannot be ascertained despite diligent inquiry, plaintiff undertakes to cause service of summons to them by publication pursuant to Sections 16 and 17, Rule 14 of the Rules of Court.
8. Plaintiff intends to expropriate portion of a parcel of registered land identified as Lot No. B-1, PSD-12-032223 situated in Brgy. Princesa, Baroy, Lanao del Norte. The said property is registered and declared in the name of the late Ignacio Cañizares, per Transfer Certificate of Title (TCT) No. T-23,500 and Tax Declaration No. H-150152 (03), respectively. It is more particularly described below together with the affected area sought to be expropriated consisting of 149 square meters, as shown in the attached Sketch Plan and Technical Descriptions, to wit:
Copies of the BIR Zonal Valuation applicable to the subject property, Report on Counts of Improvements, Sworn Statement of Ownership/Undertaking with Waiver of Rights/Quitclaim with Acknowledgment Receipt, Right-of-Way Grant, as proof of payment of affected improvements and easement fee for the 84-square meter portion of the subject property, amounting to Php3,204.00, are attached and made an integral part of this complaint.
9. To enable plaintiff to construct and maintain the Project, it is both necessary and urgent to acquire, upon payment of just compensation, the portion of the subject property, to ensure stability and reliability of the power supply in Mindanao and other regions of the country.
10. Plaintiff negotiated with defendants for the acquisition of the affected portion of the subject property and to pay the cost of improvements therein that may be damaged by the construction of the transmission line project. Defendants received the payment of the improvements, as well as the easement fee for the 84-square meter portion of the subject property. However, no agreement was reached between the parties as to the portion of the subject property affected by plaintiff’s tower site.
11. Considering the urgent need for plaintiff to enter the subject property to implement and commence the necessary construction activities for its Project, plaintiff has no other recourse but to file the instant complaint.
12. Pursuant to Section 13 of R.A. 11361, Rule 67 of the Revised Rules of Civil Procedure governs plaintiff’s expropriation cases. Under Section 2 of Rule 67 of the Revised Rules of Civil Procedure, plaintiff may already enter and possess the portion of the subject property during the pendency of the expropriation case.
13. Section 2 of Rule 67 of the Revised Rules of Civil Procedure states that: “SEC. 2. Entry of plaintiff upon depositing value with authorized government depositary. – Upon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the right to take or enter upon the possession of the real property involved if he deposits with the authorized government depositary an amount equivalent to the assessed value of the property for purposes of taxation to be held by such bank subject to the orders of the court. Such deposit shall be in money, unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of the Philippines payable on demand to the authorized government depositary.” [Emphasis supplied]
14. In compliance with the notice requirement, plaintiff notified defendants through a Letter Offer of its intention to file an expropriation case if the possession over the subject property cannot be timely secured and/or issues regarding compensation for the subject property cannot be resolved except through judicial intervention. Plaintiff further serves, simultaneous with the filing of the instant Complaint, a Notice to Take Possession (attached as Annex “B”) upon the defendants.
JULES BOY R. VALDEZ
PTR No. 0599221 – 01/04/2021 - Quezon City
IBP Lifetime No. 012616/ Quezon City MCLE Compliance No. VI-0012045
Roll of Attorney’s No. 63350
RIGHT-OF-WAY DEPARTMENT – MINDANAO DIVISION
NATIONAL GRID CORPORATION OF THE PHILIPPINES Maria Cristina, Iligan City By:
KERTH JOSSEF M. ABLANQUE
PTR No. 9890045 – 01/06/2021 – Iligan City
IBP Lifetime No. 012019
MCLE Compliance No. VI-0011641
Roll of Attorneys No. 60170
JUNELLA G. LIMPANGOG-ABARQUEZ
PTR No. 9890044 – 01/06/`2021 – Iligan City
IBP No. 128123 – 01/04/21 – Iligan City
MCLE Compliance No. V-0022527
Roll of Attorneys No. 58980”
NOW THEREFORE , the above mentioned defendants are hereby summoned and required to file with the Clerk of Court, Regional Trial Court, Branch 07, Tubod, Lanao del Norte, Philippines, their ANSWER to the above-quoted complaint within Sixty (60) days from publication of the summons and to serve copy of the said answer upon plaintiff’s counsel at his given address indicated in the complaint. Defendants are further 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.
Tubod, Lanao del Norte, September 7, 2022.
(SGD) ATTY. AISA B. MUSA-BARRAT Clerk
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- for –- versus –
AND
x - - - - - - - - - - - - - - - - - - - - - /
of Court VI BWM: Sept. 9, 16. & 23, 2022
NATIONAL GRID CORPORATION
Republic of the Philippines
REGIONAL TRIAL COURT OF LANAO DEL NORTE 12th Judicial Region BRANCH 07 Tubod, Lanao del Norte
SPL. CIVIL ACTION NO. 136-07-2021 OF THE PHILIPPINES, Plaintiff, for
HEIRS OF TAGO
SUMMONS BY PUBLICATION
Expropriation
ROBERTO S. RUFINO Address
RAYNER S. RUFINO Australia
PINKY R. PALLER Argao, Cebu
VIDA GRACE R. NAVARRO Hongkong
G R E E T I N G S!
WHEREAS, on July 5, 2022, the Court issued an order granting the plaintiff’s Motion for Leave of Court to Effect Summons by Publication, which reads among others:
“In today’s hearing on the Motion for Leave of Court to Effect Summons by Publication, only Plaintiff and counsel, Atty. Palad, are in court who reminded the Court of its said Motion for Leave of Court to Effect Summons by Publication. After judicious examination of the records of this case relative to the said motion, the Court finds the same to be proper and in order. Henceforth, the Motion for Leave of Court to Effect Summons by Publication is hereby granted. Let Summons by way of Publication be made by the Plaintiff in accordance with the rules.
xxx SO ORDERED.”
WHEREAS, Complaint reads:
“C O M P L A I N T (With Urgent Prayer for Issuance of Writ of Possession)
Plaintiff, National Grid Corporation of the Philippines (NGCP), by counsel, respectfully states that:
1. Plaintiff is a private corporation created and existing under Philippine laws, with principal office address at NGCP Building, Quezon Avenue corner BIR Road, Diliman, Quezon City. It may be served with notices and other court processes through its Right-of-Way Department (ROWD) – Mindanao Division, Maria Cristina, Iligan City, copy furnished the aforementioned principal office.
2. Pursuant to Republic Act (R.A.) No. 9511, plaintiff was granted a franchise to operate, manage and maintain, and in connection therewith, to engage in the business of conveying or transmitting electricity through a high-voltage back-bone system of interconnected transmission lines, substations and related facilities, systems operations, and other activities that are necessary to support the safe and reliable operation of a transmission system and to construct, install, finance, manage, improve, expand, operate, maintain, rehabilitate, repair and refurbish the present nationwide transmission system of the Republic of the Philippines.
3. Under Section 4 of the same law, plaintiff was granted the power of eminent domain, subject to the requirements of the Constitution and existing laws.
4. Plaintiff is engaged in the business of transmitting electric power from the generating plants of power producers to distributors. As such, plaintiff’s business is imbued with public interest.
5. To address the country’s growing power demand and ensure continuous, reliable and efficient power supply, there is a need to interconnect the three (3) major power grids of Luzon, Visayas, and Mindanao into a single national grid. Aside from the sharing of systems reserve, the interconnection will also help optimize utilization of indigenous energy resources such as natural gas in Luzon, geothermal in the Visayas and hydro in Mindanao. Owing to this necessity, plaintiff must immediately construct the transmission lines that will transmit power to distributors of electricity not only in Mindanao but also in Luzon and Visayas. This undertaking is for the use and benefit of the public and part of it is known as the MINDANAO-VISAYAS INTERCONNECTION PROJECT (MVIP), integral part of which is the KOLAMBUGAN-LALA 20kV TRANSMISSION LINE PROJECT (Project).
6. The said MVIP of NGCP is the first project certified by the Department of Energy (DOE) as an Energy Project of National Significance (EPNS) pursuant to R.A. 7638 of DOE Act of 1992, as amended, entitled to all the rights and privileges provided under Executive Order No. 30, series of 2017, as evidenced by the Certification dated 8 May 2018 issued by the Energy Investment Coordinating Council. Hence, the immediate completion and energization of the said project is critically important.7. Defendants HEIRS OF TAGO RUFINO, namely: 1) Heirs of Lilibeth S. Rufino, namely: Aisah Sherryl R. Labis and Whirl Faisal R. Labis, 2) Roberto S. Rufino, 3) Arlene R. Lupena, 4) Haidee R. Gacang, 5) Rayner S. Rufino, 6) Sarah S. Rufino, 7) Pinky R. Paller, and 8) Vida Grace R. Navarro, are all of legal age and Filipinos. They may be served with notices, summonses and other processes of this Honorable Court at their respective addresses, viz:
Considering that the specific addresses of defendants Roberto S. Rufino and Pinky Paller cannot be ascertained despite diligent inquiry and that defendants Rayner S. Rufino and Vida Grace R. Navarro are residing outside the Philippines, plaintiff undertakes to cause service of summons to them by publication pursuant to Sections 16 and 17, Rule 14 of the Revised Rules of Court.
8. Plaintiff intends to expropriate portion of a parcel of unregistered land identified as Lot No. 6473, PLS-89 situated in Brgy. Muntay, Kolambugan, Lanao del Norte. The said property is declared in the name of the late Tago Rufino, per Tax Declaration (TD) No. H-130203 (07). It is more particularly described below together with the affected area sought to be expropriated consisting of 64 square meters, as shown in the attached Sketch Plan and Technical Description, as follow:
Copies of the BIR Zonal Valuation applicable to the subject property and Reports on the Counts of Improvements are attached and made integral parts of this complaint.
9. To enable plaintiff to construct and maintain the Project, it is both necessary and urgent to acquire, upon payment of just compensation, the portion of the subject property, to ensure stability and reliability of the power supply in Mindanao and other regions of the country.
10. Plaintiff negotiated with defendants for the acquisition of the affected portion of the subject property and to pay the cost of improvements therein that may be damaged by the construction of the transmission line project. However, no agreement was reached between the parties
11. Considering the urgent need for plaintiff to enter the subject property to implement and commence the necessary construction activities for its Project, plaintiff has no other recourse but to file the instant complaint.
12. Pursuant to Section 13 of R.A. 11361, Rule 67 of the Revised Rules of Civil Procedure governs plaintiff’s expropriation cases. Under Section 2 of Rule 67 of the Revised Rules of Civil Procedure, plaintiff may already enter and possess the portion of the subject property during the pendency of the expropriation case.
13. Section 2 of Rule 67 of the Revised Rules of Civil Procedure states that:
“SEC. 2. Entry of plaintiff upon depositing value with authorized government depositary. – Upon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the right to take or enter upon the possession of the real property involved if he deposits with the authorized government depositary an amount equivalent to the assessed value of the property for purposes of taxation to be held by such bank subject to the orders of the court. Such deposit shall be in money, unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of the Philippines payable on demand to the authorized government depositary.” (Emphasis supplied)
14. In compliance with the notice requirement, plaintiff notified defendants through a Letter Offer of its intention to file an expropriation case if the possession over the subject property cannot be timely secured and/or issues regarding compensation for the subject property cannot be resolved except through judicial intervention. Plaintiff further serves, simultaneous with the filing of the instant Complaint, a Notice to Take Possession (attached as Annex “A”) upon the defendants.
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15. To comply with the deposit requirement, plaintiff, notwithstanding that R.A. 10752 does not specifically apply to it, shall deposit with the Honorable Court an amount equivalent to the 100% of the BIR zonal value of the land sought to be expropriated, including the cost of improvements therein, in the total amount of SEVENTEEN THOUSAND EIGHT HUNDRED SIXTY-SIX PESOS (Php17,866.00), consistent with the purpose of the said law and OCA Circular No. 113-2019 to simplify the deposit requirement in expropriation cases for the benefit of the defendants and in the interest of immediate implementation of the Project intended to benefit the public.
16. Upon deposit of the provisional amount, plaintiff would have fully complied with the requirements for the issuance of a writ of possession as mandated by law.
17. In a long line of cases and OCA Circular No. 113-2019, once the above requirements are complied with, it becomes the ministerial duty of the trial court to issue the writ of possession in favor of plaintiff, without need of any further hearing. Thus, as cited in the said OCA Circular: “Municipality of Cordova v. Pathfinder Development Corporation cases emphasizes the mandatory issuance of the writ of possession upon the receipt of the required deposit. “No hearing is actually required for the issuance of a writ of possession, which demands only two (2) requirements: (a) the sufficiency in form and substance of the complaint; and, (b) the required provisional deposit x x x x Upon compliance with these requirements, the petitioner in an expropriation case is entitled to a writ of possession as a matter of right and the issuance of the writ becomes ministerial.” (Emphasis supplied)
18. Moreover, it must be emphasized that an expropriation proceeding is an action quasi in rem, wherein the fact that the owners of the property are made parties is not essentially indispensable insofar as it concerns the immediate taking of possession of the property and the preliminary determination of its value, including the amount to be deposited.
19. An action quasi in rem names a person as defendant, but its object is to subject that person’s interest in a property to a corresponding lien or obligation. In a proceeding quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res.
20. The purpose of summons in actions quasi in rem is not the acquisition of jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process. Since the issuance of writ of possession is ex-parte, ministerial, and non-litigious in nature, the issuance thereof, even prior to the service of summons, will not violate defendants’ right to due process as the same can be done even without defendants’ participation. Besides, the issuance of a writ of possession does not prevent defendants from raising objections to and defenses against the expropriation of their property.
21. Plaintiff intends to present three (3) witnesses, namely: a) Engr. Licinio B. Capili, b) Engr. Nolito L. Notar, and c) Michael E. Encarnado to establish, among others, NGCP’s authority to exercise the power of eminent domain, the propriety of its exercise in this case, and the bases for the determination of the just compensation. Copies of their Judicial Affidavits (with attached Exhibits “A” to “J”) are attached as Annexes B, C, and D and made an integral part hereof. Plaintiff intends to present additional witnesses if necessary.
P R A Y E R
WHEREFORE , premises considered, plaintiff most respectfully prays of this Honorable Court to:
1. ISSUE a Writ of Possession in plaintiff’s favor; authorizing plaintiff to enter and take possession of the property subject of this complaint that will be affected by the construction and implementation of the Project, consisting of a total area of 64 square meters, more or less, as described in paragraph 8 hereof; demolish the affected structures standing therein; order all defendants to vacate the same; directing the Philippine National Police (PNP) to assist plaintiff in the implementation of the said writ of possession so that project construction can immediately commence even during the pendency of the case; direct the Registry of Deeds for the Province of Lanao del Norte to enter the Writ of Possession in the Primary Entry Book and annotate the same in the Registration Book pursuant to Section 69 of Presidential Decree No. 1529;
2. After issuance of Writ of Possession, ISSUE an Order of Publication allowing plaintiff to effect service of summons to defendants Roberto S. Rufino, Pinky Paller, Rayner S. Rufino, and Vida Grace R. Navarro, by publication, pursuant to Sections 16 and 17, Rule 14 of the Revised Rules of Civil Procedure;
3. ISSUE an Order of Expropriation declaring that the plaintiff has a lawful right to take possession and acquire the affected portion of the property specified in paragraph 8 hereof;
4. After the determination of just compensation, to authorize the payment thereof by plaintiff to defendants after deducting the capital gains and documentary stamp taxes for the transfer of the affected portion of Lot No. 6473, PLS 89 (unregistered land), in the name of plaintiff, all other outstanding taxes under the National Internal Revenue Code, and all outstanding realty taxes and dues under the Local Government Code, which plaintiff shall remit to the Government;
5. ISSUE a judgment after determination of just compensation, declaring plaintiff as the lawful owner of the affected portion of Lot No. 6473, PLS 89 (unregistered land) consisting of a total area of 64 square meters, more or less, described in paragraph 8 hereof;
6. DIRECT:
a. The Registry of Deeds for the Province of Lanao del Norte to record in its Registry Daybook (Primary Entry Book) and Registration Book the Order of Expropriation and Judgment rendered by this Honorable Court in this case with respect to the portion of the subject property sought to be expropriated herein, pursuant to Section 113 of Presidential Decree No. 1529.
b. The Municipal Assessor of Kolambugan and/or Provincial Assessor of Lanao del Norte to cancel Tax Declaration No. H-130203 (07) and issue new and separate tax declaration in the name of plaintiff covering the portion of the subject property sought to be expropriated herein.
Plaintiff prays for other relief as just and equitable under the premises. Iligan City for Tubod, Lanao del Norte, May 06, 2021.
NATIONAL GRID CORPORATION OF THE PHILIPPINES Power Center, Quezon Avenue cor. BIR Road Diliman, Quezon CityBy:
LUIS MANUEL U. BUGAYONG
PTR No. 0599223 – 01/04/2021 – Quezon City
IBP Lifetime No. 010191/Rizal Chapter MCLE Compliance No. VI-0012003
Roll of Attorneys No. 38002
GORDON S. MONTOJO
PTR No. 0599215 – 01/04/2021 – Quezon City
IBP Lifetime No. 010193/Quezon City MCLE Compliance No. VI-0012024
Roll of Attorneys No. 44910
JULES BOY R. VALDEZ
PTR No. 0599221 – 01/04/2021 - Quezon City
IBP Lifetime No. 012616/ Quezon City MCLE Compliance No. VI-0012045
Roll of Attorney’s No. 63350
RIGHT-OF-WAY DEPARTMENT – MINDANAO DIVISION NATIONAL GRID CORPORATION OF THE PHILIPPINES Maria Cristina, Iligan City By:
KERTH JOSSEF M. ABLANQUE
PTR No. 9890045 – 01/06/2021 – Iligan City
IBP Lifetime No. 012019
MCLE Compliance No. VI-0011641
Roll of Attorneys No. 60170
JUNELLA G. LIMPANGOG-ABARQUEZ
PTR No. 9890044 – 01/06/`2021 – Iligan City
IBP No. 128123 – 01/04/21 – Iligan City
MCLE Compliance No. V-0022527
Roll of Attorneys No. 58980”
NOW THEREFORE , the above mentioned defendants are hereby summoned and required to file with the Clerk of Court, Regional Trial Court, Branch 07, Tubod, Lanao del Norte, Philippines, their ANSWER to the above-quoted complaint within Sixty (60) days from publication of the summons and to serve copy of the said answer upon plaintiff’s counsel at his given address indicated in the complaint. Defendants are further 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.
Tubod, Lanao del Norte, September 7, 2022.
(SGD) ATTY. AISA MUSA-BARRAT
Advertising and Editorial
6 FRI-SAT | SEPTEMBER 23-24, 2022
-
–- versus –
Defendants.RUFINO, x - - - - - - - - - - - - - - - - - - - - - /
TO:
Unknown
B.
Clerk of Court VI BWM: Sept. 9, 16. & 23, 2022
NATIONAL GRID CORPORATION
Republic of the Philippines
REGIONAL TRIAL COURT OF LANAO DEL NORTE 12th Judicial Region BRANCH 07 Tubod, Lanao del Norte
SPL. CIVIL ACTION NO. 160-07-2021 OF THE PHILIPPINES, Plaintiff, - for –
- versus –
HEIRS OF ELEUTERIA ACURAM PAQUIT, Namely: Charleo C. Paquit, Trinidad P. Isidro, Rosemar P. Basnillo; TERESITA B. DIEZ; AND PETER P. ISIDRO, JR., Defendants.
x - - - - - - - - - - - - - - - - - - - - /
TO:
SUMMONS BY PUBLICATION
Expropriation
“Municipality of Cordova v. Pathfinder Development Corporation cases emphasizes the mandatory issuance of the writ of possession upon the receipt of the required deposit. “No hearing is actually required for the issuance of a writ of possession, which demands only two (2) requirements: (a) the sufficiency in form and substance of the complaint; and, (b) the required provisional deposit x x x x Upon compliance with these requirements, the petitioner in an expropriation case is entitled to a writ of possession as a matter of right and the issuance of the writ becomes ministerial” (Emphasis supplied)
20. Moreover, it must be emphasized that an expropriation proceeding is an action quasi in rem, wherein the fact that the owners of the property is made parties is not essentially indispensable insofar as it concerns the immediate taking of possession of the property and the preliminary determination of its value, including the amount to be deposited.
21. An action quasi in rem names a person as defendant, but its object is to subject that person’s interest in a property to a corresponding lien or obligation. In a proceeding quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res.
22. The purpose of summons in actions quasi in rem is not the acquisition of jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process. Since the issuance of writ of possession is ex-parte, ministerial, and non-litigious in nature, the issuance thereof, even prior to the service of summons, will not violate defendants’ right to due process as the same can be done even without defendants’ participation. Besides, the issuance of a writ of possession does not prevent defendants from raising objections to and defenses against the expropriation of his property.
23. Plaintiff intends to present three (3) witnesses, namely: a) Engr. Licinio B. Capili, b) Mr. Nolito L. Notar, and c) Mr. Michael E. Encarnado, to establish, among others, NGCP’s authority to exercise the power of eminent domain, the propriety of its exercise in this case, and the bases for the determination of the just compensation. Copies of their Judicial Affidavits (with attached Exhibits “A” to “J-1”) are attached as Annexes B, C, and D and made an integral part hereof. Plaintiff intends to present additional witnesses if necessary.
P R A Y E R
TRINIDAD P. ISIDRO Purok 6, Palao, Iligan City
PETER P. ISIDRO
Cogon Norte, Loon, Bohol
G R E E T I N G S!
WHEREAS, on August 25, 2022, the Court issued an order granting the plaintiff’s Motion for Leave of Court to Effect Summons by Publication, which reads among others:
“On record is a Motion for Leave of Court to Effect Service of Summons by Publication filed by the plaintiff and it appears from the Sheriff’s Return of Summons that defendants Trinidad P. Isidro and Peter P. Isidro whereabouts, cannot by diligent inquiry be ascertained, as prayed for in the Plaintiff’s aforesaid motion, let summons by publication be served upon defendants TRINIDAD P. ISIDRO and PETER P. ISIDRO in a newspaper of general circulation, once a week for three (3) consecutive weeks in a local newspaper and plaintiff is directed likewise to send copy of this order, summons, and complaint to the defendants to their last known addresses.
xxx SO ORDERED.”
WHEREAS , Complaint reads: “C O M P L A I N T (With Urgent Prayer for Issuance of Writ of Possession)
Plaintiff, National Grid Corporation of the Philippines (NGCP), by counsel, respectfully states that:
1. Plaintiff is a private corporation created and existing under Philippine laws, with principal office address at NGCP Building, Quezon Avenue corner BIR Road, Diliman, Quezon City. It may be served with notices and other court processes through its Right-of-Way Department (ROWD) – Mindanao Division, Maria Cristina, Iligan City, copy furnished the aforementioned principal office.
2. Pursuant to Republic Act (R.A.) No. 9511, plaintiff was granted a franchise to operate, manage and maintain, and in connection therewith, to engage in the business of conveying or transmitting electricity through a high-voltage back-bone system of interconnected transmission lines, substations and related facilities, systems operations, and other activities that are necessary to support the safe and reliable operation of a transmission system and to construct, install, finance, manage, improve, expand, operate, maintain, rehabilitate, repair and refurbish the present nationwide transmission system of the Republic of the Philippines.
3. Under Section 4 of the same law, plaintiff was granted the power of eminent domain, subject to the requirements of the Constitution and existing laws.
4. Plaintiff is engaged in the business of transmitting electric power from the generating plants of power producers to distributors. As such, plaintiff’s business is imbued with public interest.
5. To address the country’s growing power demand and ensure continuous, reliable and efficient power supply, there is a need to interconnect the three (3) major power grids of Luzon, Visayas, and Mindanao into a single national grid. Aside from the sharing of systems reserve, the interconnection will also help optimize utilization of indigenous energy resources such as natural gas in Luzon, geothermal in the Visayas and hydro in Mindanao. Owing to this necessity, plaintiff must immediately construct the transmission lines that will transmit power to distributors of electricity not only in Mindanao but also in Luzon and Visayas. This undertaking is for the use and benefit of the public and part of it is known as the MINDANAO-VISAYAS INTERCONNECTION PROJECT (MVIP), integral part of which is the KAUSWAGAN-LALA 230kV TRANSMISSION LINE PROJECT (Project).
6. The said MVIP of NGCP is the first project certified by the Department of Energy (DOE) as an Energy Project of National Significance (EPNS) pursuant to R.A. 7638 of DOE Act of 1992, as amended, entitled to all the rights and privileges provided under Executive Order No. 30, series of 2017, as evidenced by the Certification dated 8 May 2018 issued by the Energy Investment Coordinating Council. Hence, the immediate completion and energization of the said project is critically important.7. Defendants HEIRS OF ELEUTERIA ACURAM PAQUIT, namely: Charleo C. Paquit, Trinidad P. Isidro, and Rosemar P. Basnillo, are all of legal age, Filipinos, and residents of Purok 6, Palao, Iligan City, where they may be served with notices, summons and other processes of this Honorable Court. They are impleaded herein in accordance with Section 1, Rule 67 of the Revised Rules of Civil Procedure, being the alleged claimants of the property sought to be expropriated.
8. Defendant Teresita B. Diez is of legal age, Filipino, and a resident of Brgy. Manga, Kolambugan, Lanao del Norte, where she may be served with summons, notices and other processes of this Honorable Court. She is impleaded herein in accordance with Section 1, Rule 67 of the Revised Rules of Civil Procedure, being the alleged claimant of the subject property and improvements therein.
9. Defendant Peter P. Isidro, Jr. is of legal age, Filipino, and a resident of Cogon Norte, Loon, Bohol, where he may be served with summons, notices and other processes of this Honorable Court. He is impleaded herein pursuant to Section 1, Rule 67 of the Revised Rules of Civil Procedure, being the alleged claimant of the improvements found in the subject property.
10. Plaintiff intends to expropriate portion of a parcel of unregistered land situated in Brgy. Manga, Kolambugan, Lanao del Norte. It is more particularly described below together with the affected area sought to be expropriated consisting of 1,828 square meters, as shown in the attached Sketch Plan and Technical Description, as follow:
WHEREFORE , premises considered, plaintiff most respectfully prays of this Honorable Court to:
1. ISSUE a Writ of Possession in plaintiff’s favor; authorizing plaintiff to enter and take possession of the property subject of this complaint that will be affected by the construction and implementation of the Project, consisting of a total area of 1,828 square meters, more or less, as described in paragraph 10 hereof; clear the affected improvements, order all defendants to vacate the subject property; and direct the Philippine National Police (PNP) to assist plaintiff in the implementation of the said writ of possession so that project construction can immediately commence even during the pendency of the case; direct the Registry of Deeds for the Province of Lanao del Norte to enter the Writ of Possession in the Primary Entry Book and annotate the same in the Registration Book pursuant to Section 113(d) of Presidential Decree No. 1529;
2. ISSUE an Order of Expropriation declaring that plaintiff has a lawful right to take possession and acquire the affected portion of the property specified in paragraph 10 hereof;
3. After the determination of just compensation, to authorize the payment thereof by plaintiff to the defendants after deducting the capital gains and documentary stamp taxes for the transfer of the affected portion of unregistered lot, in the name of plaintiff, all other outstanding taxes under the National Internal Revenue Code, and all outstanding realty taxes and dues under the Local Government Code, which plaintiff shall remit to the Government;
4. ISSUE a judgment after determination of just compensation, declaring plaintiff as the lawful owner of the affected portion of unregistered lot consisting of a total area of 1,828 square meters, more or less, described in paragraph 10 hereof;
5. DIRECT a. The Registry of Deeds for the Province of Lanao del Norte to enter the Judgment in its Registry Daybook (Primary Entry Book) and Registration Book the Order of Expropriation and Judgment rendered by this Honorable Court in this case with respect to the portion of the subject property sought to be expropriated herein, pursuant to Section 113 of Presidential Decree No. 1529.
b. The Municipal Assessor of Kolambugan and/or Provincial Assessor of Lanao del Norte to issue a new separate tax declaration in the name of plaintiff covering the portion of the subject property sought to be expropriated herein. Plaintiff prays for other relief as just and equitable under the premises.
Iligan City for Tubod, Lanao del Norte, August 2, 2020.
NATIONAL GRID CORPORATION OF THE PHILIPPINES Power Center, Quezon Avenue cor. BIR Road Diliman, Quezon CityBy:
LUIS MANUEL U. BUGAYONG
PTR No. 0599223 – 01/04/2021 – Quezon City
IBP Lifetime No. 010191/Rizal Chapter MCLE Compliance No. VI-0012003
Roll of Attorneys No. 38002
GORDON S. MONTOJO
PTR No. 0599215 – 01/04/2021 – Quezon City
IBP Lifetime No. 010193/Quezon City MCLE Compliance No. VI-0012024
Roll of Attorneys No. 44910
JULES BOY R. VALDEZ
PTR No. 0599221 – 01/04/2021 - Quezon City IBP Lifetime No. 012616/ Quezon City MCLE Compliance No. VI-0012045 Roll of Attorney’s No. 63350
RIGHT-OF-WAY DEPARTMENT – MINDANAO DIVISION
NATIONAL GRID CORPORATION OF THE PHILIPPINES Maria Cristina, Iligan City By:
KERTH JOSSEF M. ABLANQUE
Copies of the BIR Zonal Valuation applicable to the subject property and Reports on the Counts of Improvements, and Sworn Statement of Ownership/Undertaking with Waiver of Rights/Quitclaim are attached and made as integral parts of this complaint.11. To enable plaintiff to construct and maintain the Project, it is both necessary and urgent to acquire, upon payment of just compensation, the portion of the subject property, to ensure stability and reliability of the power supply in Mindanao and other regions of the country.
12. Plaintiff negotiated with defendants for the acquisition of the affected portion of the subject property and to pay the cost of improvements therein that may be damaged by the construction of the transmission line project. Defendants Peter P. Isidro, Jr. and Teresita B. Diez accepted the cost of improvements, however, no agreement was reached between the parties as to the compensation for the portion of the subject property.
13. Considering the urgent need for plaintiff to enter the subject property to implement and commence the necessary construction activities therein for its Project, plaintiff has no other recourse but to file the instant complaint.
14. Section 13 of R.A. 11361 provides that Rule 67 of the Revised Rules of Civil Procedure governs plaintiff’s expropriation cases. Under Section 2 of Rule 67 of the Revised Rules of Civil Procedure, plaintiff may already enter and possess the portion of the subject property during the pendency of the expropriation case.
15. Section 2 of Rule 67 of the Revised Rules of Civil Procedure states that:
“SEC. 2. Entry of plaintiff upon depositing value with authorized government depositary. – Upon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the right to take or enter upon the possession of the real property involved if he deposits with the authorized government depositary an amount equivalent to the assessed value of the property for purposes of taxation to be held by such bank subject to the orders of the court. Such deposit shall be in money, unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of the Philippines payable on demand to the authorized government depositary.” [Emphasis supplied]
16. In compliance with the notice requirement, plaintiff notified defendants through a Letter Offer of its intention to file an expropriation case if the possession over the subject property cannot be timely secured and/or issues regarding compensation for the subject property cannot be resolved except through judicial intervention. Plaintiff further serves, simultaneous with the filing of the instant Complaint, a Notice to Take Possession (Annex “A”) upon the defendants.
17. To comply with the deposit requirement, plaintiff, notwithstanding that R.A. 10752 does not specifically apply to it, shall deposit with the Honorable Court an amount equivalent to the 100% of the BIR zonal value of the land sought to be expropriated in the total amount of EIGHTY TWO THOUSAND TWO HUNDRED SIXTY PESOS (Php82,260.00) consistent with the purpose of the said law and OCA Circular No. 113-2019 to simplify the deposit requirement in expropriation cases for the benefit of the defendants and in the interest of immediate implementation of projects intended to benefit the public.
18. Upon deposit of the provisional amount, plaintiff would have fully complied with the requirements for the issuance of a writ of possession as mandated by law.
19. In a long line of cases and in line with the objective of OCA Circular No. 113-2019, once the above requirements are complied with it, it becomes the ministerial duty of the trial court to issue the writ of possession in favor of the plaintiff, without need of any further hearing. Thus, as cited in the said OCA Circular:
PTR No. 9890045 – 01/06/2021 – Iligan City IBP Lifetime No. 012019 MCLE Compliance No. VI-0011641
Roll of Attorneys No. 60170
JUNELLA G. LIMPANGOG-ABARQUEZ
PTR No. 9890044 – 01/06/`2021 – Iligan City
IBP No. 128123 – 01/04/21 – Iligan City
MCLE Compliance No. V-0022527
Roll of Attorneys No. 58980”
NOW THEREFORE , the above mentioned defendants are hereby summoned and required to file with the Clerk of Court, Regional Trial Court, Branch 07, Tubod, Lanao del Norte, Philippines, their ANSWER to the above-quoted complaint within Sixty (60) days from publication of the summons and to serve copy of the said answer upon plaintiff’s counsel at his given address indicated in the complaint. Defendants are further 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.
Tubod, Lanao del Norte, September 7, 2022.
(SGD) ATTY. AISA B. MUSA-BARRAT Clerk of Court VI
FRI-SAT | SEPTEMBER 23-24, 2022 Advertising and Editorial E-mail : businessweekmindanao@gmail.com Contact nos. : 0917-7121424 • 0947-8935776 7
BWM: Sept. 9, 16. & 23, 2022
Republic of the Philippines
REGIONAL TRIAL COURT OF LANAO DEL NORTE 12th Judicial Region BRANCH 07 Tubod, Lanao del Norte
NATIONAL GRID CORPORATION SPL. CIVIL ACTION NO. 124-07-2021 OF THE PHILIPPINES, Plaintiff, –- versus –
HEIRS OF CATALINO HERNANDO,Defendants.ET.AL.
TO: HEIRS OF CATALINO HERNANDO, NAMELY:
CHARLIE V. HERNANDO Manila City
EDWIN V. HERNANDO Ozamiz City
HIS UNKNOWN OTHER HEIRS Unknown Address
SUMMONS BY PUBLICATION
Expropriation
HEIRS OF CRESENCIA HERNANDO, NAMELY: JESUS H. GORDILLO Tacloban City
HEIRS OF FRANCISCO H. GORDILLO, NAMELY: ROSVIC E. GORDILLO Manila City
FRANCISCO H. GORDILLO Bañadero, Ozamiz City
JERIC E. GORDILLO MARK ANTHONY E. GORDILLO Manila City
HEIRS OF CHERYL H. SEFUENTES, NAMELY: JHON LARRY G. SEFUENTES Manila City
JANE SEFUENTES UNKNOWN HEIRS OF FERNANDO H. GORDILLO Unknown Address
G R E E T I N G S!
WHEREAS , on June 9, 2022, the Court issued an order granting the plaintiff’s Motion for Leave of Court to Effect Summons by Publication, which reads as follows: “On record is a Motion for Leave of Court to Effect Summons by Publication filed by the plaintiff and it appears from the Sheriff’s Return of Summons that defendants Heirs of Catalino Hernando, namely: Charlie V. Hernando, Edwin V. Hernando, and His Unknown Other Heirs; Heirs of Cresencia Hernando, namely: Jesus H. Gordillo; Heirs of Francisco H. Gordillo, namely: Rosvic E. Gordillo, Francisco H. Go, Jeric E. Gordillo, and Mark Anthony E. Gordillo; Heirs of Cheryl H. Sefuentes, namely: Jhon Larry G. Sefuentes and Jane Sefuentes; and Unknown Heirs of Fernando H. Gordillo whereabouts, cannot by diligent inquiry be ascertained, as prayed for in the Plaintiff’s aforesaid motion, let summons by publication be served upon defendants Heirs of Catalino Hernando, namely: Charlie V. Hernando, Edwin V. Hernando, and His Unknown Other Heirs; Heirs of Cresencia Hernando, namely: Jesus H. Gordillo; Heirs of Francisco H. Gordillo, namely: Rosvic E. Gordillo, Francisco H. Go, Jeric E. Gordillo, and Mark Anthony E. Gordillo; Heirs of Cheryl H. Sefuentes, namely: Jhon Larry G. Sefuentes and Jane Sefuentes; and Unknown Heirs of Fernando H. Gordillo in a newspaper of general circulation, once a week for three (3) consecutive weeks in a local newspaper and plaintiff is directed likewise to send copy of this order, summons, and complaint to the defendants to their last known addresses.
XXX SO ORDERED.”
WHEREAS, Complaint reads:
“C O M P L A I N T (With Urgent Prayer for Issuance of Writ of Possession)
Plaintiff, National Grid Corporation of the Philippines (NGCP), by counsel, respectfully states that:
1. Plaintiff is a private corporation created and existing under Philippine laws, with principal office address at NGCP Building, Quezon Avenue corner BIR Road, Diliman, Quezon City. It may be served with notices and other court processes through its Right-of-Way Department (ROWD) – Mindanao Division, Maria Cristina, Iligan City, copy furnished the afore-mentioned principal office.2. Pursuant to Republic Act (R.A.) No. 9511, plaintiff was granted a franchise to operate, manage and maintain, and in connection therewith, to engage in the business of conveying or transmitting electricity through a high-voltage back-bone system of interconnected transmission lines, substations and related facilities, systems operations, and other activities that are necessary to support the safe and reliable operation of a transmission system and to construct, install, finance, manage, improve, expand, operate, maintain, rehabilitate, repair and refurbish the present nationwide transmission system of the Republic of the Philippines.
3. Under Section 4 of the same law, plaintiff was granted the power of eminent domain, subject to the requirements of the Constitution and existing laws.
4. Plaintiff is engaged in the business of transmitting electric power from the generating plants of power producers to distributors. As such, plaintiff’s business is imbued with public interest.
5. To address the country’s growing power demand and ensure continuous, reliable and efficient power supply, there is a need to interconnect the three (3) major power grids of Luzon, Visayas, and Mindanao into a single national grid. Aside from the sharing of systems reserve, the interconnection will also help optimize utilization of indigenous energy resources such as natural gas in Luzon, geothermal in the Visayas and hydro in Mindanao. Owing to this necessity, plaintiff must immediately construct the transmission lines that will transmit power to distributors of electricity not only in Mindanao but also in Luzon and Visayas. This undertaking is for the use and benefit of the public and part of it is known as the MINDANAO-VISAYAS INTERCONNECTION PROJECT (MVIP), integral part of which is the KAUSWAGAN-LALA 230kV TRANSMISSION LINE PROJECT (Project).
6. The said MVIP of NGCP is the first project certified by the Department of Energy (DOE) as an Energy Project of National Significance (EPNS) pursuant to R.A. 7638 of DOE Act of 1992, as amended, entitled to all the rights and privileges provided under Executive Order No. 30, series of 2017, as evidenced by the Certification dated 8 May 2018 issued by the Energy Investment Coordinating Council. Hence, the immediate completion and energization of the said project is critically important.
7. Defendants HEIRS OF CATALINO HERNANDO, namely: Charlie V. Hernando, Edwin Hernando, and Unknown Heirs of Luigi Niño V. Hernando; and HEIRS OF CRESENCIA HERNANDO, namely: Arcelito H. Gordillo, Valentina H. Hernandez, Jesus H. Gordillo, Heirs of Francisco H. Gordillo, namely: Jasmine E. Gordillo, Rosvic E. Gordillo, Roger E. Gordillo, Francisco H. Go, Melody E. Gordillo, Winlove E. Gordillo, Richard E. Gordillo, Jeric E. Gordillo, and Mark Anthony E. Gordillo, Heirs of Cheryl H. Sefuentes, namely: Jhon Larry G. Sefuentes and Jane Sefuentes, and Unknown Heirs of Fernando H. Gordillo, are all of legal age and Filipinos. They may be served with notices, summons and other processes of this Honorable Court at their respective addresses, viz:
Considering that: a) the identities, whereabouts, and specific address of the Heirs of Luigi Niño V. Hernando and Fernando H. Gordillo cannot be ascertained despite diligent inquiry; b) the specific addresses of defendants, Charlie V. Hernando, Edwin Hernando, Jesus H. Gordillo, Rosvic E. Gordillo, Jeric E. Gordillo, Mark Anthony E. Gordillo, Jhon Larry G. Sefuentes likewise cannot be ascertained; and c) Jane Sefuentes is residing in Japan, plaintiff undertakes to cause service of summons to them by publication pursuant to Sections 16 and 17, Rule 14 of the Revised Rules of Civil Procedure.
8. Plaintiff intends to expropriate portion of a parcel of unregistered land identified as Lot No. 5, situated in Brgy. Manga, Kolambugan, Lanao del Norte. The said property is declared in the name of the late Catalino and Cresencia Hernando, per Tax Declaration (TD) No. H-100327 (07). It is more particularly described below together with the affected area sought to be expropriated consisting of 1,409-square meters, as shown in the attached Sketch Plan and Technical Description,as follow:
E-mail : businessweekmindanao@gmail.com
Contact nos. : 0917-7121424 • 0947-8935776
Machine copies of the BIR Zonal Valuation applicable to the subject property, the Report on the Counts of Improvements, and Sworn Statement of Ownership/Undertaking with Waiver of Rights/Quitclaim with Acknowledgment Receipt, as proof of payment of affected improvements amounting to Php154,434.15, are attached and made as integral parts of this complaint.
9. To enable plaintiff to construct and maintain the Project, it is both necessary and urgent to acquire, upon payment of just compensation, the portion of the subject property, to ensure stability and reliability of the power supply in Mindanao and other regions of the country.
10. Plaintiff negotiated with defendants through Arcelito Gordillo, Valentina H. Hernandez, Melody Gordillo, and Winlove Gordillo, for the acquisition of the affected portion of the subject property and to pay the cost of improvements therein that may be damaged by the construction of the transmission line project. Defendants received the payment for the improvements; however, no agreement was reached between the parties as to the portion of the subject property affected by plaintiff’s tower site.
11. Considering the urgent need for plaintiff to enter the subject property to implement and commence the necessary construction activities for its Project, plaintiff has no other recourse but to file the instant complaint.
12. Pursuant to Section 13 of R.A. 11361, Rule 67 of the Revised Rules of Civil Procedure governs plaintiff’s expropriation cases. Under Section 2 of Rule 67 of the Revised Rules of Civil Procedure, plaintiff may already enter and possess the portion of the subject property during the pendency of the expropriation case.
13. Section 2 of Rule 67 of the Revised Rules of Civil Procedure states that:
“SEC. 2. Entry of plaintiff upon depositing value with authorized government depositary. – Upon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the right to take or enter upon the possession of the real property involved if he deposits with the authorized government depositary an amount equivalent to the assessed value of the property for purposes of taxation to be held by such bank subject to the orders of the court. Such deposit shall be in money, unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of the Philippines payable on demand to the authorized government depositary.” [Emphasis supplied]
14. In a long line of cases and OCA Circular No. 113-2019, once the above requirements are complied with it, it becomes the ministerial duty of the trial court to issue the writ of possession in favor of plaintiff, without need of any further hearing. Thus, as cited in the said OCA Circular: “Municipality of Cordova v. Pathfinder Development Corporation cases emphasizes the mandatory issuance of the writ of possession upon the receipt of the required deposit. “No hearing is actually required for the issuance of a writ of possession, which demands only two (2) requirements: (a) the sufficiency in form and substance of the complaint; and, (b) the required provisional deposit x x x x Upon compliance with these requirements, the petitioner in an expropriation case is entitled to a writ of possession as a matter of right and the issuance of the writ becomes ministerial.” (Emphasis supplied)
15. In compliance with the notice requirement, plaintiff notified defendant through a Letter Offer of its intention to file an expropriation case if the possession over the subject property cannot be timely secured and/or issues regarding compensation for the subject property cannot be resolved except through judicial intervention. Plaintiff further serves, simultaneous with the filing of the instant Complaint, a Notice to Take Possession (attached as Annex “B”) upon the defendants.
16. To comply with the deposit requirement, plaintiff, notwithstanding that R.A. 10752 does not specifically apply to it, shall deposit with the Honorable Court an amount equivalent to the 100% of the BIR zonal value of the land sought to be expropriated in the total amount of SIXTY THREE THOUSAND FOUR HUNDRED FIVE PESOS (Php63,405.00), consistent with the purpose of the said law and OCA Circular No. 113-2019 to simplify the deposit requirement in expropriation cases for the benefit of the defendants and in the interest of immediate implementation of the Project intended to benefit the public.
17. Upon deposit of the provisional amount, plaintiff would have fully complied with the requirements for the issuance of a writ of possession as mandated by law.
18. In a long line of cases and OCA Circular No. 113-2019, once the above requirements are complied with it, it becomes the ministerial duty of the trial court to issue the writ of possession in favor of the plaintiff, without need of any further hearing. Therefore, the Honorable Court can already immediately issue to the plaintiff an order to take possession of the portions of the property and start the implementation of the project.
19. Moreover, it must be emphasized that an expropriation proceeding is an action quasi in rem, wherein the fact that the owners of the property are made parties is not essentially indispensable insofar as it concerns the immediate taking of possession of the property and the preliminary determination of its value, including the amount to be deposited.
20. An action quasi in rem names a person as defendant, but its object is to subject that person’s interest in a property to a corresponding lien or obligation. In a proceeding quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res.
21. The purpose of summons in actions quasi in rem is not the acquisition of jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process. Since the issuance of writ of possession is ex-parte, ministerial, and non-litigious in nature, the issuance thereof, even prior to the service of summons, will not violate defendants’ right to due process as the same can be done even without defendants’ participation. Besides, the issuance of a writ of possession does not prevent defendants from raising objections to and defenses against the expropriation of their property.
22. Plaintiff intends to present three (3) witnesses, namely: a) Engr. Licinio B. Capili, b) Engr. Nolito L. Notar, and c) Windsor C. Abaga, Sr., to establish, among others, NGCP’s authority to exercise the power of eminent domain, the propriety of its exercise in this case, and the bases for the determination of the just compensation. Copies of their Judicial Affidavits (with attached Exhibits “A” to “M”) are attached as Annexes B, C, and D and made an integral part hereof. Plaintiff intends to present additional witnesses if necessary.
P R A Y E R
WHEREFORE , premises considered, plaintiff most respectfully prays of this Honorable Court to:
1. ISSUE a Writ of Possession in plaintiff’s favor; authorizing plaintiff to enter and take possession of the property subject of this complaint that will be affected by the construction and implementation of the Project, consisting of a total area of 1,409 square meters, more or less, as described in paragraph 8 hereof; demolish the affected improvement and/or structures standing therein; order all defendants to vacate the same; directing the Philippine National Police (PNP) to assist plaintiff in the implementation of the said writ of possession so that project construction can immediately commence even during the pendency of the case; direct the Registry of Deeds for the Province of Lanao del Norte to enter the Writ of Possession in the Primary Entry Book and annotate the same in the Registration Book pursuant to Section 69 of Presidential Decree No. 1529;
2. After issuance of Writ of Possession, ISSUE an Order of Publication allowing plaintiff to effect service of summons to Defendant Unknown Heirs of Luigi Niño V. Hernando and Fernando H. Gordillo, Charlie V. Hernando, Edwin Hernando, Jesus H. Gordillo, Rosvic E. Gordillo, Jeric E. Gordillo, Mark Anthony E. Gordillo, Jhon Larry G. Sefuentes, and Jane Sefuentes and other defendants, if applicable, by publication, pursuant to Sections 16 and 17, Rule 14 of the Revised Rules of Civil Procedures;
3. ISSUE an Order of Expropriation declaring that the plaintiff has a lawful right to take possession and acquire the affected property specified in paragraph 8 hereof;
4. After the determination of just compensation, to authorize the payment thereof by plaintiff to defendants after deducting the capital gains and documentary stamp taxes for the transfer of the affected portion of Lot No. 5, in the name of plaintiff, all other outstanding taxes under the National Internal Revenue Code, and all outstanding realty taxes and dues under the Local Government Code, which plaintiff shall remit to the Government;
5. ISSUE a judgment after determination of just compensation, declaring plaintiff as the lawful owner of the affected portion of Lot No. 5 consisting of a total area of 1,409 square meters, more or less, described in paragraph 8 hereof;
6. DIRECT:
a. The Registry of Deeds for the Province of Lanao del Norte to record in its Registry Daybook (Primary Entry Book) and Registration Book the Order of Expropriation and Judgment rendered by this Honorable Court in this case with respect to the portion of the subject property sought to be expropriated herein, pursuant to Section 113 of Presidential Decree No. 1529.
b. The Municipal Assessor of Kolambugan and/or Provincial Assessor of Lanao del Norte to cancel TD No. H-100327 (07) and issue new and separate tax declaration in the name of plaintiff covering the portion of the subject property sought to be expropriated herein.
Plaintiff prays for other relief as just and equitable under the premises.
Iligan City for Tubod, Lanao del Norte, 17 March, 2021.
NATIONAL GRID CORPORATION OF THE PHILIPPINES Power Center, Quezon Avenue cor. BIR Road Diliman, Quezon City
By:
LUIS MANUEL U. BUGAYONG
PTR No. 0599223 – 01/04/2021 – Quezon City
IBP Lifetime No. 010191/Rizal Chapter
MCLE Compliance No. VI-0012003
Roll of Attorneys No. 38002
GORDON S. MONTOJO
PTR No. 0599215 – 01/04/2021 – Quezon City
IBP Lifetime No. 010193/Quezon City
MCLE Compliance No. VI-0012024
Roll of Attorneys No. 44910
JULES BOY R. VALDEZ
PTR No. 0599221 – 01/04/2021 - Quezon City
IBP Lifetime No. 012616/Quezon City MCLE Compliance No. VI-0012045
Roll of Attorney’s No. 63350
RIGHT-OF-WAY DEPARTMENT – MINDANAO DIVISION NATIONAL GRID CORPORATION OF THE PHILIPPINES Maria Cristina, Iligan City
By:
KERTH JOSSEF M. ABLANQUE
PTR No. 9890045 – 01/06/2021 – Iligan City
IBP Lifetime No. 012019
MCLE Compliance No. VI-0011641
Roll of Attorneys No. 60170
JUNELLA G. LIMPANGOG-ABARQUEZ
PTR No. 9890044 – 01/06/2021 – Iligan City
IBP No. 128123 – 01/04/21 – Iligan City MCLE Compliance No. V-0022527
Roll of Attorneys No. 58980”
NOW THEREFORE , the abovementioned Defendants are hereby summoned and required to file with the Clerk of Court, Regional Trial Court, Branch 07, Tubod, Lanao del Norte, Philippines, their ANSWER to the above-quoted petition within sixty (60) days from publication of the summons and to serve copy of the said answer upon plaintiff’s counsel at his given address indicated in the complaint. Defendants are further 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.Tubod, Lanao del Norte, September 7, 2022.
Advertising and Editorial
FRI-SAT | SEPTEMBER 23-24, 20228
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(SGD) ATTY. AISA B. MUSA-BARRAT Clerk of Court VI BWM: Sept. 9, 16. & 23, 2022
NATIONAL GRID CORPORATION
Republic of the Philippines
REGIONAL TRIAL COURT OF LANAO DEL NORTE 12th Judicial Region BRANCH 07 Tubod, Lanao del Norte
SPL. CIVIL ACTION NO. 089-07-2020 OF THE PHILIPPINES, Plaintiff, - for –versus –
Expropriation
19. The purpose of summons in actions quasi in rem is not the acquisition of jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process. Since the issuance of writ of possession is ex-parte, ministerial, and non-litigious in nature, the issuance thereof, even prior to the service of summons, will not violate defendants’ right to due process as the same can be done even without defendants’ participation. Besides, the issuance of a writ of possession does not prevent defendants from raising objections to and defenses against the expropriation of his property.
20. Plaintiff intends to present three (3) witnesses, namely: a) Engr. Herminigildo D. Itoc, b) Engr. Nolito L. Notar, and c) Windsor C. Abaga, Sr., to establish, among others, NGCP’s authority to exercise the power of eminent domain, the propriety of its exercise in this case, and the bases for the determination of the just compensation. Copies of their Judicial Affidavits (with attached Exhibits “A” to “I”) are attached as Annexes B, C, and D and made an integral part hereof. Plaintiff intends to present additional witnesses if necessary.
HEIRS OF ELEUTERIA ACURAM PAQUIT, Namely: Charleo C. Paquit, Trinidad P. Isidro, Rosemar P. Basnillo, and Unknown Other Heirs, Defendants.
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TO: TRINIDAD P. ISIDRO Purok 6, Palao, Iligan City
SUMMONS BY PUBLICATION
OTHER UNKNOWN HEIRS OF ELEUTERIA ACURAM PAQUIT Unknown address
G R E E T I N G S!
WHEREAS , on February 22, 2022, the Court issued an order granting the plaintiff’s Motion for Leave of Court to Effect Summons by Publication, which reads among others:
“On record is a Motion for Leave of Court to Effect Service of Summons by Publication filed by the plaintiff and it appears from the Sheriff’s Return of Summons that defendants Trinidad P. Isidro and Other Unknown Heirs of Eleuteria Acuram Paquit whereabouts, cannot by diligent inquiry be ascertained, as prayed for in the Plaintiff’s aforesaid motion, let summons by publication be served upon defendants Trinidad P. Isidro and Other Unknown Heirs of Eleuteria Acuram Paquit in a newspaper of general circulation, once a week for three (3) consecutive weeks in a local newspaper and plaintiff is directed likewise to send copy of this order, summons, and complaint to the defendants to their last known addresses.
xxx SO ORDERED.”
WHEREAS, Complaint reads:
“C O M P L A I N T
(With Urgent Prayer for Issuance of Writ of Possession)
Plaintiff, National Grid Corporation of the Philippines (NGCP), by counsel, respectfully states that:
1. Plaintiff is a private corporation created and existing under Philippine laws, with principal office address at NGCP Building, Quezon Avenue corner BIR Road, Diliman, Quezon City. It may be served with notices and other court processes through its Right-of-Way Department (ROWD) – Mindanao Division, Maria Cristina, Iligan City, copy furnished the aforementioned principal office.
2. Pursuant to Republic Act (R.A.) No. 9511, plaintiff was granted a franchise to operate, manage and maintain, and in connection therewith, to engage in the business of conveying or transmitting electricity through a high-voltage back-bone system of interconnected transmission lines, substations and related facilities, systems operations, and other activities that are necessary to support the safe and reliable operation of a transmission system and to construct, install, finance, manage, improve, expand, operate, maintain, rehabilitate, repair and refurbish the present nationwide transmission system of the Republic of the Philippines.
3. Under Section 4 of the same law, plaintiff was granted the power of eminent domain, subject to the requirements of the Constitution and existing laws.
4. Plaintiff is engaged in the business of transmitting electric power from the generating plants of power producers to distributors. As such, plaintiff’s business is imbued with public interest.
5. To address the country’s growing power demand and ensure continuous, reliable and efficient power supply, there is a need to interconnect the three (3) major power grids of Luzon, Visayas, and Mindanao into a single national grid. Aside from the sharing of systems reserve, the interconnection will also help optimize utilization of indigenous energy resources such as natural gas in Luzon, geothermal in the Visayas and hydro in Mindanao. Owing to this necessity, plaintiff must immediately construct the transmission lines that will transmit power to distributors of electricity not only in Mindanao but also in Luzon and Visayas. This undertaking is for the use and benefit of the public and part of it is known as the MINDANAO-VISAYAS INTERCONNECTION PROJECT (MVIP), integral part of which is the KAUSWAGAN-LALA 230kV TRANSMISSION LINE PROJECT (Project).
6. The said MVIP of NGCP is the first project certified by the Department of Energy (DOE) as an Energy Project of National Significance (EPNS) pursuant to R.A. 7638 of DOE Act of 1992, as amended, entitled to all the rights and privileges provided under Executive Order No. 30, series of 2017, as evidenced by the Certification dated 8 May 2018 issued by the Energy Investment Coordinating Council. It is targeted to be energized by December 2020.
7. Defendant HEIRS OF ELEUTERIA ACURAM PAQUIT, namely: Charleo C. Paquit, Trinidad P. Isidro, and Rosemar P. Basnillo, are all of legal age, Filipinos, and residents of Purok 6, Palao, Iligan City, where they may be served with notices, summons and other processes of this Honorable Court. Considering that there are unknown other heirs of Eleuteria Acuram Paquit and their identities and specific addresses cannot be ascertained despite diligent inquiry, plaintiff undertakes to cause service of summons to them by publication pursuant to Sections 16 and 17, Rule 14 of the Rules of Court.
8. Plaintiff intends to expropriate portion of a parcel of unregistered land situated in Brgy. Manga, Kolambugan, Lanao del Norte. The said property is allegedly claimed by the heirs of the late Eleuteria Acuram Paquit. It is more particularly described below together with the affected area sought to be expropriated consisting of 3,553 square meters, as shown in the attached Sketch Plan and Technical Description, as follow:
Machine copies of the BIR Zonal Valuation applicable to the subject property and Reports on the Counts of Improvements are attached and made as integral parts of this complaint.
9. To enable plaintiff to construct and maintain the Project, it is both necessary and urgent to acquire, upon payment of just compensation, the portion of the defendants’ property, to ensure stability and reliability of the power supply in Mindanao and other regions of the country.
10. Plaintiff negotiated with defendants, through Charleo Paquit, for the acquisition of the affected portion of the subject property and to pay the cost of improvements therein that may be damaged by the construction of the transmission line project. However, no agreement was reached between the parties.
11. Considering the urgent need for plaintiff to enter the subject property to implement and commence the necessary construction activities therein for its Project, plaintiff has no other recourse but to file the instant complaint.
12. Section 13 of R.A. 11361 provides that Rule 67 of the Revised Rules of Civil Procedure governs plaintiff’s expropriation cases. Under Section 2 of Rule 67 of the Revised Rules of Civil Procedure, plaintiff may already enter and possess the portion of the subject property during the pendency of the expropriation case.
13. Section 2 of Rule 67 of the Revised Rules of Civil Procedure states that:
“SEC. 2. Entry of plaintiff upon depositing value with authorized government depositary. – Upon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the right to take or enter upon the possession of the real property involved if he deposits with the authorized government depositary an amount equivalent to the assessed value of the property for purposes of taxation to be held by such bank subject to the orders of the court. Such deposit shall be in money, unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of the Philippines payable on demand to the authorized government depositary.” [Emphasis supplied]
14. In compliance with the notice requirement, plaintiff notified defendants through a Letter Offer of its intention to file an expropriation case if the possession over the subject property cannot be timely secured and/or issues regarding compensation for the subject property cannot be resolved except through judicial intervention. Plaintiff further serves, simultaneous with the filing of the instant Complaint, a Notice to Take Possession (Annex “A”) upon the defendants.
15. To comply with the deposit requirement, plaintiff, notwithstanding that R.A. 10752 does not specifically apply to it, shall deposit with the Honorable Court an amount equivalent to the 100% of the BIR zonal value of the land sought to be expropriated plus the cost of the affected improvements, in the total amount of TWO HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED EIGHTY-FIVE PESOS (Php218,885.00) consistent with the purpose of the said law and OCA Circular No. 113-2019 to simplify the deposit requirement in expropriation cases for the benefit of the defendants and in the interest of immediate implementation of projects intended to benefit the public.
16. Upon deposit of the provisional amount, plaintiff would have fully complied with the requirements for the issuance of a writ of possession as mandated by law.
17. In a long line of cases and in line with the objective of OCA Circular No. 113-2019, once the above requirements are complied with it, it becomes the ministerial duty of the trial court to issue the writ of possession in favor of the plaintiff, without need of any further hearing. Therefore, the Honorable Court can already immediately issue to the plaintiff an order to take possession of the portion of the property and start the implementation of the project.
18. Moreover, it must be emphasized that an expropriation proceeding is an action quasi in rem, wherein the fact that the owner of the property is made a party is not essentially indispensable insofar as it concerns the immediate taking of possession of the property and the preliminary determination of its value, including the amount to be deposited.
19. An action quasi in rem names a person as defendant, but its object is to subject that person’s interest in a property to a corresponding lien or obligation. In a proceeding quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res.
P R A Y E R
WHEREFORE , premises considered, plaintiff most respectfully prays of this Honorable Court to:
1. ISSUE a Writ of Possession in plaintiff’s favor; authorizing plaintiff to enter and take possession of the property subject of this complaint that will be affected by the construction and implementation of the Project, consisting of a total area of 3,553 square meters, more or less, as described in paragraph 8 hereof; demolish the affected structures standing therein; order all defendants to vacate the same; direct the Philippine National Police (PNP) to assist plaintiff in the implementation of the said writ of possession so that project construction can immediately commence even during the pendency of the case and/or for the conduct of the counting of affected improvements, if necessary; direct the Registry of Deeds for the Province of Lanao del Norte to enter the Writ of Possession in the Primary Entry Book and annotate the same in the Registration Book pursuant to Section 113(d) of Presidential Decree No. 1529;
2. After issuance of Writ of Possession, ISSUE an Order of Publication allowing plaintiff to effect service of summons to Defendants Unknown Other Heirs of Eleuteria Acuram Paquit, by publication, pursuant to Sections 16 and 17, Rule 14 of the Revised Rules of Civil Procedures;
3. ISSUE an Order of Expropriation declaring that plaintiff has a lawful right to take possession and acquire the affected property specified in paragraph 8 hereof;
4. After the determination of just compensation, to authorize the payment thereof by plaintiff to the defendants after deducting the capital gains and documentary stamp taxes for the transfer of the affected portion of unregistered lot, in the name of plaintiff, all other outstanding taxes under the National Internal Revenue Code, and all outstanding realty taxes and dues under the Local Government Code, which plaintiff shall remit to the Government;
5. ISSUE a judgment after determination of just compensation, declaring plaintiff as the lawful owner of the affected portion of unregistered lot consisting of a total area of 3,553 square meters, more or less, described in paragraph 8 hereof;
6. DIRECT the Registry of Deeds for the Province of Lanao del Norte to enter the Judgment in the Primary Entry Book and annotate the same in the Registration Book pursuant to Section 113(d) of Presidential Decree No. 1529.
Plaintiff prays for other relief as just and equitable under the premises.
Iligan City for Tubod, Lanao del Norte, 4 November, 2020.
NATIONAL GRID CORPORATION OF THE PHILIPPINES Power Center, Quezon Avenue cor. BIR Road Diliman, Quezon CityBy:
LUIS MANUEL U. BUGAYONG
PTR No. 0599223 – 01/04/2021 – Quezon City
IBP Lifetime No. 010191/Rizal Chapter MCLE Compliance No. VI-0012003
Roll of Attorneys No. 38002
GORDON S. MONTOJO
PTR No. 0599215 – 01/04/2021 – Quezon City
IBP Lifetime No. 010193/Quezon City MCLE Compliance No. VI-0012024
Roll of Attorneys No. 44910
JULES BOY R. VALDEZ
PTR No. 0599221 – 01/04/2021 - Quezon City
IBP Lifetime No. 012616/ Quezon City MCLE Compliance No. VI-0012045 Roll of Attorney’s No. 63350
RIGHT-OF-WAY DEPARTMENT – MINDANAO DIVISION NATIONAL GRID CORPORATION OF THE PHILIPPINES Maria Cristina, Iligan City By:
KERTH JOSSEF M. ABLANQUE
PTR No. 9890045 – 01/06/2021 – Iligan City
IBP Lifetime No. 012019 MCLE Compliance No. VI-0011641
Roll of Attorneys No. 60170
JUNELLA G. LIMPANGOG-ABARQUEZ
PTR No. 9890044 – 01/06/`2021 – Iligan City
IBP No. 128123 – 01/04/21 – Iligan City MCLE Compliance No. V-0022527
Roll of Attorneys No. 58980”
NOW THEREFORE , the above mentioned defendants are hereby summoned and required to file with the Clerk of Court, Regional Trial Court, Branch 07, Tubod, Lanao del Norte, Philippines, their ANSWER to the above-quoted complaint within Sixty (60) days from publication of the summons and to serve copy of the said answer upon plaintiff’s counsel at his given address indicated in the complaint. Defendants are further 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.
Tubod, Lanao del Norte, September 7, 2022.
FRI-SAT | SEPTEMBER 23-24, 2022 Advertising and Editorial E-mail : businessweekmindanao@gmail.com Contact nos. : 0917-7121424 • 0947-8935776 9
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(SGD) ATTY. AISA B. MUSA-BARRAT Clerk of Court VI BWM: Sept. 9, 16. & 23, 2022
By: RISA MAE P. QUE-E Master Teacher I BINITINAN ELEMENTARY SCHOOL
