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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


7TH JUDICIAL REGION
BRANCH I, MANDAUE CITY

ADELAIDA CUIZON CAPIROL


Plaintiff,

CIVIL CASE NO. 6593

FOR: UNLAWFUL DETANINER


WITH DAMAGES
-versus-

SPS. JUAN CUIZON AND


ROSALINA CUIZON,
Defendants.

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

MANIFESTATION WITH MOTION FOR ISSUANCE OF


DEMOLITION ORDER

NOW COMES the Plaintiff, thru the undersigned counsel


and to this Honorable Court hereby states that:

1. The interest of the land subject of the Civil Case No. 6593
has been sold, conveyed and transferred by the plaintif
Adelaida Cuizon to spouses Constantino C. Arevalo Jr.
and Jocelyn Arevalo on August 23, 2010, as evidenced by
the Deed of Absolute Sale, hereto attached as Annex A.

2. Furthermore, spouses Constantino C. Arevalo Jr. and


Jocelyn Arevalo sold, conveyed and transferred the same
parcel of land to Filomeno I. Lumapas and Gabriela F.
Lumapas on May 25, 2015, as evidenced by the Deed of
Absolute Sale, hereto attached as Annex B. As such,
being the transferees-in-interest of the plaintif, they have
the authority to appoint appropriate lawyers to
adjudicate their interest and has all the right to pursue
the case, as provided under Rule 3, Section 19 of the
Rules of Court which stated that in any case of any
transfer of interest, the action may be continued by or
against the original party, unless the court upon motion
directs the person to whom the interest is transferred to
be substituted in the action or joined with the original
party.

3. That the same parcel of land has been the subject of an


Unlawful Detainer Case with Damages and judgment for
lawful possession and damages was hereby rendered in
favor of the Plaintif, in the judgment of this Court dated
October 2, 2013.

4. That a Notice to Vacate and a Writ of Execution has been


issued in favor of the Plaintif which remains unserved as
of this date, as shown in the Sherifs Report hereto
attached as Annex C.

5. As such, being the transferees-in-interest of the plaintif,


spouses Filomeno I. Lumapas and Gabriela F. Lumapas,

thru the undersigned counsel, respectfully prays the


issuance of a writ of demolition to enforce the judgment
against defendants in the Civil Case No. 6593 and to
compel the removal of the improvements to the subject
parcel of land so as to put transferees-in-interest in
lawful and rightful possession.

WHEREFORE, premises considered, it is most


respectfully prayed of the Municipal Trial Court of Mandaue
that this manifestation be noted.

Other relief, just and equitable under the premises is


likewise prayed for.

Mandaue City, Philippines. October 28, 2015.

RESPECTFULLY SUBMITTED.

GIOVANNI Y. TIANERO.
Counsel for the Plaintiff
Notarial Commission No. 2014-26
Notary Public
Until December 31, 2015
Roll No. 49832
PTR No. 0404612 Mandaue City 01-02-14
IBP No. 9343540 Cebu 12-12-13
MCLE Compliance No. IV-0003536