Kimberly Urbiztondo

EH 501- Pelaez Moot Court

COURT OBSERVATION DURING COURT VISIT ON INITIAL

HEARING OF A SPECIAL PROCEEDING CASE

Our group was able to observe the continuation of the initial hearing
for jurisdictional facts of CASE NO. R-CEB-1080522-LR entitled IN
RE: ISSUANCE OF NEW OWNER’S COPY OF TITLE - JOSEPH M.
CORTES REPRESENTED BY MAREVIC G. BABOR last March 28, 2019,
at the Regional Trial Court Branch 5, Cebu City.Attached herein is
the Certificate of Appearance signed by the Regional Trial Court -
Branch 5 Clerk of Court, Atty. Manuel Nollora, certifying that I
appeared before the court last March 28, 2019.

When the case was called in the court at around 8:50am, the
counsel for the petitioner manifested his appearance and started
presenting the documents to prove the jurisdictional facts like the
copy of the petition, the proof of service to the City Prosecutor’s
office, the Registry of Deeds of Cebu City, the Land Registration
Authority, and the Office of the Solicitor General, a certificate of
Publication and a Certificate of Posting And Service. In addition to
the above mentioned documents, the petitioner’s counsel also
presented Tax Declarations covering the land, Technical Description
of the land, an Affidavit of Loss and as well as the Certification from
the Registrar of Deeds that the Original Title was still in there office.

The counsel then prayed for the court to issue an order of general
default for there were no oppositions to the petitions. When the
documents were properly offered and marked in court, the judge
then ordered the court interpreted to read in open court for three
times the title of the petition and ask whether there were any
oppositions in the room. There were no oppositions raised, thus, the
judge declared in open court that the court has acquired jurisdiction
over the petition and ordered the issuance of general default to
the whole world, excluding the State. The next hearing for the
petition was then subsequently set by the judge.