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37 minute read
Festival showcases richness of Davao Sur town’s caves
By Che Palicte
MATANAO, Davao del Sur –
Advertisement
To showcase this town’s natural resources, the local government opened the Cave Festival 2023 here Thursday.
In an interview, Mayor Vincent Fernandez said the three-day festival, which runs until May 20, includes such activities as cave and photo exhibits, mural painting, tree planting, and cave exploration.
“We want the public to know that we have these beautiful caves. We have around 60 to 70 caves that are still unexplored,” he said.
Currently, two caves,
Evolution of Cybersecurity and Online Privacy
BY: GLADYS S. AYUNAR
IT Faculty, College of Information Sciences and
the Su’bon and Asbang Fak Sol, both located in Barangay Asbang, are open to the public.
Fernandez expressed optimism that more jobs in the locality would be generated if the Mines and Geosciences Bureau and the Department of Environment and Natural Resources (DENR) would approve the opening of more caves to the public.
“More jobs will be made available since we will be opening inns, boutiques, restaurants, shops, and others,” he said.
Meanwhile, the mayor also urged the residents of the mountainous areas to stop cutting trees to prevent erosion.
“We will assess and provide them their livelihood,” he said.
Cave country
Clover Jane Sabornido, Matanao tourism office head, said they are poised to become the “cave country” in the province, based on the DENR assessment.
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She said they are relying on the DENR approval since the agency is the only authorized body to assess and provide the cave management plan.
“If the DENR approves, that’s the time the Department of Tourism would come in. Every cave has three years of preparation before it will be open to the public,” she said. (PNA)
Relax and dine in while waiting for your car cleaned at 1980 Café and Brown’s Auto Spa
By MARK FRANCISCO
Computing
Central Mindanao
Universiry CYBERSECURITY developed as a distinct field throughout the 1960s and 1970s and exploded into the public consciousness in the late 1980s after a series of events that highlighted just how dangerous a lack of security can be. Continuing to grow throughout the 1990s, cybersecurity is now a core part of modern life.
When Eniac – the first modern computer – was brought online in 1945, cybersecurity wasn’t a word you can find in the dictionary. The only way to interact with the building-sized computers of the era was to be physically present so virtual threats weren’t a risk and access control was a matter of physical security.
When you hear the word hacker, you probably think of a mysterious individual sitting alone in a dark room, watching information scroll by on multiple windows as they conduct nefarious needs. The media often takes creative liberties when depicting hackers. It may surprise to hear you to learn that the origin of the modern hacker was a counterculture of people tinkering with technology or finding new ways of sharing information.
Hacking is not innately tied to breaking into computers. In fact, an early instance of hacking in 1963 involved hacking a phone system to make long distance calls for free. Hacking is the act of working within the confines of a system to produce unintended behavior. That behavior ranges from cracking passwords to saving a spaceship’s air system using spare parts.
Notice To The Public
WHEREAS other car wash shops in Cagayan de Oro only offer you a lounge while waiting for an hour for your car to get cleaned, 1980 Café and Brown’s Auto Spa has upped the notion.
The car wash and detailing shop has a fully functional airconditioned café that serves not just cold and hot drinks but snacks…and yes, heavy meals too and hard drinks, too.
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Located right near the en-
Republic of the Philippines SUPREME COURT
4th Shari’a Circuit Court
4th Shari’a Judicial District Iligan City
IN THE MATTER OF JOINT PETITION CIVIL CASE NO#2023-059
TO APPROVE AND REGISTER THE DIVORCE BETWEEN SPOUSES RICHARD U. TUTANES AND MIRA FE LOVE R. ARBOLEDA, RICHARD U. TUTANES AND MIRA FE LOVE R. ARBOLEDA, Petitioners.
ORDER
Before this Court verified joint petition for the approval and registration of the Divorce filed by petitioners and alleging among others. That petitioners are husband and wife respectively in a marriage performed under Civil rite on April 7, 2006 at Iligan City, both petitioner’s had been converted to Muslim and thereby embraced Islam Religion as their new found faith, by virtue of their respective intellectual choices which were duly registered with this Court, both of them can be served with summons and other legal processes relative to this case at their residents at Steel Town, Iligan City and Zone Roadside, Suarez, Iligan City, respectively;
That said marriage did not last long due to lack of love and affection until the relationship manifested incompatibility and sustained misunderstanding between petitioners and reached the point of irreconcilability and they separated for more than five (5) years now, they decided to separate live physically in bed and board, thereby, executed Memorandum of Agreement in order to formalize their separation. Since their separation, they had never been communicating or supporting either financially or emotionally to each other, neither minding each other affair’s; Petitioner’s seek judicial decree of divorce, thereby, severing their marriage bond on April 7, 2006 so that they will have free hand to do what a single man or woman could do without marital burdens. Reconciliation between them had already been diligently employed but all proved futile.
WHEREFORE, finding this petition to be sufficient in form and substance, set the initial hearing of this case on May 31, 2023 at 9:00 a.m. at which time, date and place. Any interested party may appear and show why the petition should not be granted. Let copy of this Order be published in a newspaper of General Circulation in the City of Iligan once a week for three (3) consecutive weeks at the expense of the petitioners.
SO ORDRED. Iligan City, Philippines, this 2nd day of May, 2023.
MDN: May 9, 16 & 23, 2023
This is to inform the public that MS. JOY C. ERENO, whose picture appears above, is NO LONGER CONNECTED with Ecossential Foods Corporation as of November 11, 2022.
Any transaction made and offered by Ms. Ereno on behalf of the company after the above-mentioned date will no longer be honored or authorized by the company.
Please report any unauthorized activity to Ecossential Foods Corporation:
(SGD) Hon. OSOP MANGOTARA ALI Presiding Judge
Republic of the Philippines SUPREME COURT 4th Shari’a Circuit Court 4th Shari’a Judicial District Iligan City
IN RE: JOINT PETITION TO APPROVE CIVIL CASE NO.2023-061 trance of Apovel Subdivision in Bulua this city adjacent to a Phoenix gas pump station, 1980 Café serves Brown’s chicken wings, buffalo wings, salt & pepper wings, garlic parmesan wings, beef rending, beef salpicao, chicken curry, chicken burger with fries, grilled cheese sandwich with fries, tuna sandwich with fries, Brown’s special pancake, big daddy pancake, shrimp olio, penne con pesto, creamy beef & mushroom, chicken Cajun, beef tapsilog, tocilog, corned beef siolog, Brown’s wing meal, buffalo wing meal, calamari, fries, chicken fingers and beef nachos.
Or drinks, they serve brewed coffee, cold brew coffee, iced latte, iced mocha, caramel macchiato, matcha latte, chocolate and shakes. They also serve drinks to chill and offers hard drinks at the same time.
At any time during the day or night, 1980 Café’s wine bar is open. That means that even at
Republic of the Philippines SUPREME COURT 4th Shari’a Circuit Court 4th Shari’a Judicial District Iligan City x
IN RE: JOINT PETITION TO APPROVE CIVIL CASE NO.2023-067 AND REGISTER THE DIVORCE OF SPOUSES CARLOS U. BAGUIO JR. AND FRANCES ANTHONETTE L. DEJOS, CARLOS U. BAGUIO JR. AND FRANCES ANTHONETTE L. DEJOS, Petitioners.
ORDER
Before this Court verified joint petition for the approval and registration of the Divorce filed by petitioners and alledging among others. That petitioners are husband and wife respectively in a marriage performed under Civil rite on May 18, 2008 at Bacolod, Lanao del Norte, both petitioners had been converted to Muslim and thereby embraced Islam Religion as their new found faith, by virtue of their respective intellectual choices which were duly registered with this Court, both of them can be served summons and other legal processes relative to this case at their resident at Brgy. Manguiles, Mahayag, Zamboanga del Sur and Purok 2, Lianga East, Bacolod, Lanao del Norte, respectively; That said marriage did not last long due to lack of love and affection until the relationship manifested incompatibility and sustained misunderstanding between petitioners and reached the point of irreconcilability and they separated for each other for some reason of which both petitioner finally decided to legally break or severe their marriage bond for eleven (11) years, they decided to separate live physically in bed and board, thereby, executed Memorandum of Agreement in order to formalize their separation. Since their separation, they had never been communicating or supporting either financially or emotionally to each other, neither minding each other affair’s; petitioner seek judicial decree of divorce, thereby, severing their marriage bond on May 18, 2008 so that they will have free hand to do what a single man or woman could do without marital burdens. Reconciliation between them had already been diligently employed but all proved futile.
WHEREFORE, finding this petition to be sufficient in form and substance, set the initial hearing of this case on June 2, 2023 at 9:00 a.m. at which time, date and place. Any interested party may appear and show why the petition should not be granted. Let copy of this Order be published in newspaper of General Circulation in the City of Iligan once a week for three (3) consecutive weeks at the expense of the petitioners.
SO ORDERED.
Iligan City, Philippines, this 11th of May, 2023.
MDN: May 16, 23 & 30, 2023
(SGD) HON. OSOP M. ALI Presiding Judge
Before this Court verified joint petition for the approval and registration of the Divorce filed by petitioners and alleging among others. That petitioners are husband and wife respectively in a marriage performed under Civil rite on September 10, 2008 at Floridablanca, Pampanga, both petitioner’s had been converted to Muslim and thereby embraced Islam Religion as their new found faith, by virtue of their respective intellectual choices which were duly registered with this Court, both of them can be served with summons and other legal processes relative to this case at their residents at San Nicolas, Floridablanca, Pampanga, respectively; That said marriage did not last long due to lack of love and affection until the relationship manifested incompatibility and sustained misunderstanding between petitioners and reached the point of irreconcilability and they separated for more than eight (8) years now, they decided to separate live physically in bed and board, thereby, executed Memorandum of Agreement in order to formalize their separation. Since their separation, they had never been communicating or supporting either financially or emotionally to each other, neither minding each other affair’s; Petitioner’s seek judicial decree of divorce, thereby, severing their marriage bond on September 10, 2008 so that they will have free hand to do what a single man or woman could do without marital burdens. Reconciliation between them had already been diligently employed but all proved futile.
WHEREFORE, finding this petition to be sufficient in form and substance, set the initial hearing of this case on May 31, 2023 at 9:00 a.m. at which time, date and place. Any interested party may appear and show why the petition should not be granted. Let copy of this Order be published in a newspaper of General Circulation in the City of Iligan once a week for three (3) consecutive weeks at the expense of the petitioners.
SO ORDRED.
Iligan City, Philippines, this 2nd day of May, 2023.
(SGD)
Before this Court verified joint petition for the approval and registration of the Divorce filed by petitioners and alleging among others. That petitioners are husband and wife respectively in a marriage performed under Civil rite on May 22, 2002 at Cagayan de Oro City, both petitioner’s had been converted to Muslim and thereby embraced Islam Religion as their new found faith, by virtue of their respective intellectual choices which were duly registered with this Court, both of them can be served with summons and other legal processes relative to this case at their residents at Pobalcion, Gingoog City, Misamis Oriental and Corrales Ave., Cagayan de Oro City, Misamis Oriental, respectively;
That said marriage did not last long due to lack of love and affection until the relationship manifested incompatibility and sustained misunderstanding between petitioners and reached the point of irreconcilability and they separated for more than sixteen (16) years now, they decided to separate live physically in bed and board, thereby, executed Memorandum of Agreement in order to formalize their separation. Since their separation, they had never been communicating or supporting either financially or emotionally to each other, neither minding each other affair’s; Petitioner’s seek judicial decree of divorce, thereby, severing their marriage bond on May 22, 2002 so that they will have free hand to do what a single man or woman could do without marital burdens. Reconciliation between them had already been diligently employed but all proved futile.
WHEREFORE, finding this petition to be sufficient in form and substance, set the initial hearing of this case on May 31, 2023 at 9:00 a.m. at which time, date and place. Any interested party may appear and show why the petition should not be granted. Let copy of this Order be published in a newspaper of General Circulation in the City of Iligan once a week for three (3) consecutive weeks at the expense of the petitioners. SO ORDRED. Iligan City, Philippines, this 2nd day of May, 2023.
NATIONAL
HEIR OF SPOUSES JAIME G. ESTAVAS AND CLARITA ABADIANO, Namely:
Emmanuel A. Estavas, Esmeraldo A. Estavas, Ma. Ione A. Estavas-Longcob, Jossie Fe A. Estavas-Tionko, and Albien A .Estavas, Defendants.
TO:
JOSSIE FE A. ESTAVAS-TIONKO
ALBIEN A. ESTAVAS
Address cannot be ascertained
G R E E T I N G S!
WHEREAS, on April 12, 2023, the Court issued an order granting the plaintiff’s Motion for Leave of Court to Effect Summons by Publication, which reads:
“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 defendant Jossie Fe A. Estavas-Tionko and Albien A. Estavas’ whereabouts, cannot by diligent inquiry be ascertained, as prayed for in the Plaintiff’s aforesaid motion, let summons by publication be served upon defendants JOSSIE FE A. ESTAVAS-TIONKO AND ALBIEN A. ESTAVAS 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 address.
Meanwhile, the defendants are given sixty (60) days after the completion of the last publication of summons to file with this court their Answer to the complaint filed against them in the above-captioned case..
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 JAIME G. ESTAVAS, namely: Emmanuel A. Estavas, Esmeraldo A. Estavas, Ma. Ione A. EstavasLongcob, Jossie Fe A. Estavas-Tionko, and Albien A. Estavas, are all of legal age and Filipinos. They may be served with summons and other processes of this Honorable Court at their respective address indicated below opposite their names, viz:
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Considering that the whereabouts and specific addresses of defendants Jossie Fe A. Estavas-Tionko and Albien A. Estavas cannot be ascertained despite diligent inquiry, plaintiff undertakes to cause the service of summons to her 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. 1943-A-1, PSD-10-057960 situated in Brgy. Pange, Baroy, Lanao del Norte. The said property is registered and declared in the name of the late Jaime G. Estavas married to Clarita Abadiano, per Transfer Certifcate of Title (TCT) No. T-25,944 and Tax Declaration (TD) No. H-130191 (03), respectively. It is more particularly described below together with the affected area sought to be expropriated consisting of 275 square meters, as shown in the attached Sketch Plan and Technical Descriptions, as follows: with the filing of the instant Complaint, a Notice to Take Possession (attached as 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 improvements, in the total amount of TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY PESOS (Php21,450.00) , 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 . Thus, as cited in the said circular:
“Municipality of Cordova v. Pathfinder Development Corporation emphazises 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 i mmediate 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) Winsor 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 “K” ) are attached as Annexes B, C, and D and made an integral part hereof. Plaintiff intends to present additional witnesses if necessary.
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 275-square meters , more or less, as described in paragraph 8 hereof; 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 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 Jossie Fe A. Estavas-Tionko, Albien A. Estavas 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 9 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. 1943-A-1, PSD-10-057960, 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 the unidentified lot consisting of a total area of 275 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 register and annotate the Order of Expropriation and Judgment on the TCT No. T-25,944 or any certificate of title that may hereafter be issued covering 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-130191 (03) and issue new and separate tax declaration in the name of plaintiff covering the portion of the subject property sought to be expropriated herein.
Iligan City for Tubod, Lanao del Norte, April 27, 2021
NATIONAL GRID CORPORATION OF THE PHILIPPINES
Power Center, Quezon Avenue cor. BIR Road Diliman, Quezon City
By: WFH
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
WFH
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
WFH
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
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 the 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. 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
By:
NATIONAL GRID CORPORATION OF THE PHILIPPINES
Maria Cristina, Iligan City
SIGNED
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
SIGNED
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 petition within sixty (60) days from publication of the summons and to serve copy of the said answer upon plaintiff’s counsel at their 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, May 11, 2023.
NATIONAL
UNKNOWN HEIRS OF TIMOTEA
PASANTING; MARIETTA ABALOS and HEIRS OF FRANCISCO ABALOS, namely: Marietta Florenz Galleto, Cecille Abalos, Lucio Jesus Abalos, Frank Martin Abalos, and Maria Josefa Tan; HEIRS OF PEDRO COMONSAD, namely: Luis M. Comonsad, Anaclita C. Oblienda, Amor C. Villamor, Enrique M. Comonsad, Jacky L. Yvanez, Alfredo F. Comonsad, Jr., Alice C. Mantos, and Heirs of Pedro Comonsad, Jr., Luis M. Comonsad, and Frizell M. Comonsad, Defendants.
TO:
Summons By Publication
UNKNOWN HEIRS OF TIMOTEA PASANTING
HEIRS OF PEDRO COMONSAD
ALFREDO F. COMONSAD
ENRIQUE M. COMONSAD
ALFREDO F. COMONSAD, JR.
Address cannot be ascertained
G R E E T I N G S!
WHEREAS, on April 12, 2023, the Court issued an order granting the plaintiff’s Motion for Leave of Court to Effect Summons by Publication, which reads:
“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 defendant Unknown Heirs of Timotea Pasanting and some of the Heirs of Pedro Comonsad who cannot be personally served with summons, cannot by diligent inquiry be ascertained, as prayed for in the Plaintiff’s aforesaid motion, let summons by publication be served upon defendants UNKNOWN HEIRS OF TIMOTEA PASANTING AND SOME OF THE HEIRS OF PEDRO COMONSAD WHO CANNOT BE PERSONALLY SERVED WITH SUMMONS 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 address.
Meanwhile, the defendants are given sixty (60) days after the completion of the last publication of summons to file with this court their Answer to the complaint filed against them in the above-captioned case..
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. It is targeted to be energized by December 2020.
7. The identities and whereabouts of Defendants UNKNOWN HEIRS OF TIMOTEA PASANTING cannot be ascertained despite diligent inquiry. Hence, plaintiff undertakes to cause service of summons to them by publication pursuant to sections 16 and 17, Rule 14 of the Rules of Court. They are impleaded as defendants in this case since the late Timotea Pasanting is the alleged claimant of the property sought to be expropriated in this case.
8. Defendants MARIETTA ABALOS and HEIRS OF FRANCISCO ABALOS, namely: Marietta Florenz Galleto, Cecille Abalos, Lucio Jesus Abalos, Frank Martin Abalos, Maria Josefa Tan are all of legal age and Filipinos. They may be served with summons and other processes of this Honorable Court at their respective address indicated below opposite their names, viz:
Considering that the specific addresses of defendants Lucio Jesus Abalos, Frank Martin Abalos, and Maria Josefa Tan cannot be ascertained despite diligent inquiry, and defendants Marietta Florenz Galleto and Cecille Abalos 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 Rules of Court. They are impleaded herein as defendants pursuant to Section 1, Rule 67 of the Revised Rules of Civil Procedure, being the alleged claimants of the subject property.
9. Defendants HEIRS OF PEDRO COMONSAD, namely: Luis M. Comonsad, Anaclita C. Oblienda, Amor C. Villamor, Enrique M. Comonsad, Jacky L. Yvanez, Alfredo F. Comonsad, Jr., Alice C. Mantos, and Heirs of Pedro Comonsad, Jr. namely: Luis M. Comonsad, and Fritzell M. Comonsad , are all of legal age and Filipinos. They may be served with summons and other processes of this Honorable Court at their respective address indicated below opposite their names, viz: the portion of the subject property, to ensure stability and reliability of the power supply in Mindanao and other regions of the country.
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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. However, no agreement was reached between the parties.
13. 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.
14. 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.
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 poss ession of the real property involved if he deposits with the authorized government depositary an amount equivalent to the assessed value of t he 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 Philippin es 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 (attached as 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, plus the cost of improvements, in the total amount of TWO HUNDRED TWENTY FOUR THOUSAND FOUR HUNDRED TWO PESOS (Php224,402.30) , 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.
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 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.
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 are made parties is not essentially indispensable insofar as it c oncerns 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 their property.
23. Plaintiff intends to present three (3) witnesses, namely: a) Engr. Licinio B. Capili , b) Engr. Nolito L. Notar, and c) Winsor 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.
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 2,683 square meters , more or less, as described in paragraph 10 hereof; demolish the affected improvement and/or structures standing therein; order all defendant 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. ISSUE an Order of Expropriation declaring that the plaintiff has a lawful right to take possession and acquire the affected property specified in paragraph 10 hereof;
3. 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. 1, H-189752, 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 Lot No. 1, H-189752 consisting of a total area of 2,683 square meters , more or less, described in paragraph 10 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 issue a new tax declaration in the name of plaintiff covering the portion of the subject property sought to be expropriated herein.
Iligan City for Tubod, Lanao del Norte, 26 November, 2020
NATIONAL GRID CORPORATION OF THE PHILIPPINES Power Center, Quezon Avenue cor. BIR Road Diliman, Quezon City
WFH
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
WFH
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
WFH
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
SIGNED
By:
Considering that the specific addresses of defendants Alfredo F. Comonsad, Enrique M. Comonsad, and Alfredo F. Comonsad, Jr. 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. They are impleaded herein as defendants pursuant to Section 1, Rule 67 of the Revised Rules of Civil Procedure, being the alleged claimants of the subject property.
10. Plaintiff intends to expropriate portion of a parcel of unregistered land identified as Lot No. 1, H-189752 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 2,683 square meters, as shown in the attached Sketch Plan and Technical Descriptions, as follows:
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
SIGNED
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 and maintain the Project, it is both necessary and urgent to acquire, upon payment of just compensation,
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 petition within sixty (60) days from publication of the summons and to serve copy of the said answer upon plaintiff’s counsel at their 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, May 11, 2023.
Mon-Tue, May 22-23, 2023
EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH WAIVER OF RIGHTS
KNOW ALL MEN BY THESE PRESENTS:
That we:
1. CRISTETA G. BOLIVA of legal age, Filipino, widow and a resident of Barangay 3, Malaybalay City, Bukidnon;
2. TEODOR PHILIP G. BOLIVA, of legal age, Filipino, married and a resident of Sta. Cruz Ext., Sumpong, Malaybalay City Bukidnon;
3. NESTOR DOMINIC G. BOLIVA , of legal age, Filipino, married and a resident of Barangay 3, Malaybalay City, Bukidnon;
4. MARIVIC BOLIVA-LAZAR, of legal age, Filipino, married and a resident 5. JAIME G. BOLIVA JR. of legal age, Filipino, married and a resident of 03-267, Fortich St., Barangay
3, Malaybalay City, Bukidnon; and
6. REX RAMON G. BOLIVA of legal age, Filipino, married and a resident of 03-267, Fortich St., Barangay
3, Malaybalay City, Bukidnon; WITNESSETH:
WHEREAS, late JAIME BOLIVA SR. , died intestate without living a Will or Testament on March 16, 2008 at Malaybalay City Bukidnon;
WHEREAS, at the time of the demise of the said late JAIME BOLIVA SR. , he left conjugal estate parcels of land described as follows:
“ A parcel of land identified as LOT 2, Pcs-10-002504, being a portion of Lot 1-C-15-G, (LRC) Pcd-80980 & Lot 3-A-8-H, (LRC) Psd-110686, situated in the Barrio of Poblacion, Malaybalay, Bukidnon. Containing an area of EIGHTY-TWO (82) square meters, more or less. Covered by Transfer Certificate of Title No. T-84430 with Tax Declaration No. F-005374.”
“ A parcel of land identified as Lot 1, Pcs-10-002504, being a portion of Lot 1-C-15-G, (LRC) Psd-80980 & Lot 3-A-8-H, (LRC) Psd-110686 , situated in the Barrio of Poblacion, Malaybalay, Bukidnon. Containing an area of THREE HUNDRED NINETY (390) square meters, more or less. Covered by Transfer Certificate of Title No. T-84429 with Tax Declaration No. F-005382 and Tax Declaration No. F-005383 for the improvements/ building.”
“A parcel of land identified as Lot 3-A-8-I, LRC Psd-110686, being a portion of Lot 3-A-8, LRC Psd-42305, LRC Rec. No. Free Pat., situated in the Poblacion, Malaybalay, Bukidnon. Containing an are of THREE HUNDRED EIGHTEEN (318) square meters, more or less. Covered by Transfer Certificate of Title No. T-85042 with Tax Declaration No. F-005388 and Tax Declaration No. F-005389 for the improvements/building.”
“An improvement/building situated at Fortich St., Barangay 3, Malaybalay City, Bukidnon, covered by Tax Declaration No. F-005381.”
WHEREAS, no known debt of deceased JAIME BOLIVA SR. have not been settled to date;
WHEREAS, no person have filed any claims, whether formal or informal, against the above described intestate estate;
WHEREAS, the above-named heirs are the sole and only heirs of deceased JAIME BOLIVA SR.;
NOW THEREFORE, pursuant to Sec 1, Rule 74 of the Revised Rules of Court of the Philippines, and the parties herein being all of age, they have agreed to divide as they do hereby divide and adjudicate the share of the late J AIME BOLIVA SR. in the real properties described-above, in EQUAL SHARE among the herein heirs;
That I, CRESTITA G. BOLIVA , as an act of liberality and generosity, I hereby voluntarily WAIVE, TRANSFER and RELINQUISH all my rights, shares and interest over the abovedescribed properties including all the improvements thereof, in favor to my children, namely TEODORO PHILIP
G. BOLIVA, NESTOR DOMINIC G. BOLIVA, MARIVIC BOLIVA-LAZAR, JAIME G. BOLIVA JR. and REX RAMON G. BOLIVA, in EQAUL SHARE;
That the TRANSFEREES hereby accept and receive this waiver made in their favor, and they hereby express their appreciation and gratefulness for the kindness and generosity of the TRANSFEROR ;
That they hereby affirm that they have executed the foregoing instrument out of their own voluntary free will without force, intimidation or violence upon their person and have no claim or demand against each other;
Is the subject of EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH WAIVER OF RIGHTS , under the Notarial Registry of ATTY. FLAVIANO
Extrajudicial Settlement
KNOW ALL MEN BY THESE PRES -
ENTS:
This, EXTRAJUDICIAL SETTLEMENT , made end and entered into this __________ day in the City of Malaybalay, Province of Bukidnon, by and between:
We HEIRS OF THE LATE AUREA
SERBANO-BARUEL namely: JUANITO
BARUEL (widow), TRINIDAD B. GABULE (married), SUFERINO S. BARUEL, (married), of legal ages, Filipinos and with the common residence and postal address at Poblacion, Valencia City, Bukidnon, Philippines; and PELAGIA
B. SUSUSCO (married), JUDITHA
B. MARTHEL (married), ARMANDO
S. BARUEL (married), ROSEMARIE
B. LOPEZ (married) and ROMEO S. BARUEL (married), represented by RICHIE C. BARUEL , of legal ages, Filipinos and with the common residence and postal address at Lumbo, Valencia City, Bukidnon, Philippines, herein referred to as CO-HEIRS ;
WITNESSETH, that:
WHEREAS, we are the sole heirs of the deceased AUREA SERBANOBARUEL , who died on May 19, 2018 at Cagayan de Oro City, respectively, Copy of their death certificate is hereto attached as Annex “A”;
WHEREAS, AUREA SERBANOBARUEL, died intestate, without Will or Testament, and without any outstanding debts in favor of any person or entity;
WHEREAS, AUREA SERBANOBARUEL, is the absolute and registered owner of the following parcels of land:
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ORIGINAL CERTIFICATE OF TITLE NO. P-2947
“A PARCEL OF LAND described as Lot 102, Pls-561 situated in Kalawkalaw, Municipality of Maramag, Province of Bukidnon, Island of Mindanao. Containing an area of THIRTY-EIGHT THOUSAND THREE HUNDRED TWENTY-FIVE (38,325) square meters , more or less. “
ORIGINAL CERTIFICATE OF TITLE NO. 2018000425
“A PARCEL OF LAND described as Plan RF-10-0000096, being identical to Lot 8731, CAD-791-D situated in Poblacion, Municipality of Valencia, Province of Bukidnon, Island of Mindanao. Containing an area of ONE HUNDRED FIVE (105) square meters, more or less. “
NOW THEREFORE , for and in consideration of the Provisions of Section 1, Rule 74 of the Revised Rules of Court of the Philippines, the parties hereto, do by these presents agree to an Extra-judicial Settlement.
Subject, however, to the liabilities imposed by section 4, Rule 74 of the said Rules of Court, in favor of any other possible heirs, creditors and other persons who might have been deprived of their lawful participation in the estate of the decedent for a period of two (2) years.
Is the subject of EXTRAJUDICIAL SETTLEMENT , under the Notarial Registry of ATTY. WINCERBOGNE L. PESISANO , Notary Public per Doc No. 170; Page No. 35; Book No. LXXXVIII; Series of 2023.
MDN: May 23, 30 & Jun 6, 2023
Notice
NOTICE is hereby given that the intestate estate of the late SPOUSES
AGUSTINA DOTE JUAREZ who died last December 12, 2018 at Octavio Village, Cannery Site, Polomolok, South Cotabato and CONRADO S. JUAREZ who died last June 12, 2009 at Octavio Village, Cannery Site, Polomolok, left a certain properties, particularly described as follows:
“A parcel of land (Lot 34-B-9-C, Psd-11-049912) being a portion of Lot 34-B-9, Psd-11-030719, situated in the Barrio of Dole Cannery, Municipality of Polomolok, Province of South Cotabato, Island of Mindanao, containing an area of FOUR HUNDRED THIRTEEN (413) SQUARE METERS, more or less, covered by Transfer Certificate of Title No. T-78621, together with residential building found thereon”, and
“A parcel of land Lot 265-B of the subdivision plan Psd-12-036920 being a portion of Lot 265, Pls214-D-16, situated in the Barangay of Talahik, Municipality of Surallah, Province of South Cotabato, Island of Mindanao, containing an area of THIRTY THOUSAND AND ONE (30,001) SQUARE METERS, more or less, covered by Transfer Certificate of Title No. T-17665” is the subject of Deed of ExtraJudicial Partition of the Estate of the Late Spouses with Waiver of Rights, under the notarial registry of Atty. Ermando