REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 257
PARANAQUE CITY

HEIRS OF ANGEL MABAIT,

Plaintiffs,

- versus - CIVIL CASE NO. 99-0153

BIYAHENG LANGIT CO., INC.,

Defendants.
x ---------------------------------------- x

FORMAL OFFER OF EVIDENCE

FOR PLAINTIFFS

COMES NOW, Plaintiffs by counsel and unto this Honorable Court most
respectfully submits their Formal Offer of Evidence in the above-entitled case, to
wit:
EXHIBIT NATURE PURPOSE

Exhibit “A” Certificate of Marriage of To show or prove marriage

Witness Erna Guarin Revilla by of plaintiff Generoso Revilla
the Civil Registrar of and that his parents are
Muntinlupa City thru Cristina M. Roman Revilla and Maria
Butawan Records Officer II. Mabait.

EXHIBIT “A-1” Bracketed Names of father and To show or prove that

mother (Roman Revilla and plaintiff Generoso Revilla is
Maria Mabait in Exhibit “A”. the son of Roman Revilla
and Maria Mabait.
Page 2

EXHIBIT “B” Death Certificate of Florentino To show or prove the fact of

Mabait Revilla issued by Dr. death of Florentino Mabait
Barron. Revilla.

EXHIBIT “B-1” Bracketed name of Florentino To show or prove that the

Mabait Revilla in his Death deceased Florentino’s
Certificate Exhibit “B” hereof. middle name is “Mabait”.

EXHIBIT “C” Certificate of Marriage of the To show or prove that the

parents (Roman Revilla and mother (Maria Mabait) of
Maria Mabait) of the plaintiffs the plaintiffs Heirs is the
as Heirs of Angel Mabait and daughter of Angel Mabait
Paulina Dela Cruz. and Paulina Dela Cruz.

EXHIBIT “C-1” Bracketed names of the parents Same as above.

of the plaintiffs (Roman Revilla
and Maria Mabait) in Exhibit
“C”.
EXHIBIT “C-2” Bracketed names of Paulina To show or prove that the
Dela Cruz and Angel Mabait in plaintiffs are the
Exhibit “C”. grandchildren and Heirs of
Angel Mabait and Paulina
Dela Cruz.

EXHIBIT “D” Certificate of Death of Maria To show or prove the fact of

Mabait issued by the Civil death of the mother (Maria
Registrar of Muntinlupa Rafael Mabait) of plaintiffs Heirs.
I. Burgos.

EXHIBIT “D-1” Certificate of Death of Roman To show or prove the fact of

Revilla issued by the Civil death of the father (Roman
Registrar of Muntinlupa Rafael Revilla) of the plaintiffs.
I. Burgos.

Page 3

EXHIBIT “E” Joint Affidavit of Discrepancy of To show or prove the error

Faustino A. Polintan and or discrepancy in the name
Honesto P. Mabini regarding of Roman Revilla as
the true and real name of appearing in his Certificate
Roman Revilla and not Ramon of Death as Ramon Revilla.
Revilla (Although machine copy
it is part of the testimony of
witness Erna Guarin Revilla.

EXHIBIT “F” Joint Affidavit of Birth of To show or prove the fact of

Arcadio Vivo and Aurea Dela birth of Florentino Mabait
Cruz with regards to the fact of Revilla and his parents are
birth of Florentino L. Revilla. Maria Mabait and Roman
Revilla.

EXHIBIT “G” Tax Declaration No. 2041 in the
name of Angel Mabait of the
property in dispute (white
copy).
To show or prove lawful
ownership and possession of
the property in litigation by
the plaintiffs as Heirs of
Angel Mabait up to the
present.

EXHIBIT “G-1 Tax Declaration No. 20411 in Same as above.

the name of Angel Mabait of
the property in dispute (Blue
copy).

EXHIBIT “G-2” Tax Declaration No. 20411 Same as above.

(Certified True Xerox copy on
file issued by the Municipal
Treasurer Silvestre A. De Leon)
also in the name of Angel
Mabait of the property in
dispute.
Page 4

EXHIBIT “H” Approved Survey Plan of the To indisputably show or

 property in litigation known as
Lot 4634, Paranaque Cadastre
in the name of Heirs of Angel
Mabait with an area of 30,437
Square meters prepared by
Public Land Surveyor, Guillermo
N. Pablo and approved by the
Director of Lands, Nicanor G.
Jorge dated March 30, 1962.
prove that the property in
question was lawfully
surveyed in the name of the
plaintiffs as Heirs of Angel
Mabait as well as the fact
that they were then in
lawful possession of the
same up to the present.

EXHIBIT “H-1” Bracketed “As surveyed for Same as above.

Heirs of Angel Mabait” in
Exhibit “H” (Approved Survey
Plan of Lot 4634 Paranaque
Cadastre)

EXHIBIT “I” Surveyor’s Certificate issued by To indisputably show or

Public Land Surveyor Guillermo
N. Pablo of the Bureau of Lands
and a Certified True Copy of
the same by the Chief Docket
Division of the LRA, Salvador L.
Oriel.
prove that the property in
dispute was actually and in
fact surveyed in the name
of plaintiffs as Heirs of
Angel Mabait.

EXHIBIT “I-1” Technical Descriptions of Lot Same as above and that the
4634 Paranaque Cadastre property in question
(Heirs of Angel Mabait) issued contains an area of 30,437
by the Chief, Survey Division square meters per its
Isabelo T. Del Carmen and Technical Descriptions
Supervising Surveyor II, described thereto.
Florentino C. Reyes, Jr. of the
Bureau of Lands. Also a
Certified True Copy by the
Chief, Docket Division of the
LRA.
Page 5

EXHIBIT “I-2” Encircled date of October 8, To show or prove the actual

1957 in Exhibit “I” (Survey’s and real date of survey of
Certificate). the property in dispute and
lawful possession of the
plaintiffs from said date up
to the present.

EXHIBIT “I-3” The Encircled Heirs of Angel To show or prove that the
Mabait in Exhibit “I” (Surveyor’s survey on the property (Lot
Certificate). 4634) in dispute was made
in the name of the plaintiffs
Heirs of Angel Mabait.

EXHIBIT “J” The fake or falsified Certified To show or prove that

True Copies (consisting of four
[4] pages) of the Deed of Sale
of Real Estate in favor of the
defendant Pantaleon Opena
allegedly by the plaintiffs as
Heirs of Angel Mabait issued by
plaintiffs has no knowledge
nor participation in the
execution of Exhibit “J”
(Deed of Sale of Real
Estate) and NEVER sold or
conveyed the subject
 the Chief, Docket Division of property in favor of the
the LRA which does not contain defendant Opena.
or show the respective
signatures of the plaintiffs as
Heirs of Angel Mabait.

EXHIBIT “J-1” The encircled name of Faustino To show or prove the

Revilla in Exh. “J” (Deed of Sale erroneous name of
of Real Estate) Florentino Revilla and that
he has no knowledge or
participation in Exh. “J” and
same as above.

Page 6

EXHIBIT “J-2” The encircled name of Lorna To show or prove the false
Guarin in Exh. “J” (Deed of Sale and erroneous name of Erna
of Real Estate). Guarin Revilla.

EXHIBIT “J-3” The encircled name of Faustino To show or prove the false
Revilla in Exh. “J” page 2 and erroneous name of
thereto. plaintiff Florentino L. Revilla
and same as above.

EXHIBIT “J-4” Bracketed name Faustino Same as the above purpose.

Revilla on Exh. “J” Page 3
thereto.

EXHIBIT “K” The Certified Microfilm Copy of To show or prove that on

Decree No. 109043 issued by
the Commissioner of Land
Registration for the registration
of the subject property in
litigation in favor of defendant
Pantaleon Opena (Consisting of
two [2] pages).
the basis of the afore-said
fake or falsified Deed of Sale
of Real Estate (Exhibit “J”)
the defendant Opena was
issued said Decree No. N-
109043 (Exh. “K”) by the
LRA.

EXHIBIT “K-1” Official Receipt No. 4008374
dated May 13, 1994 issued by
LRA as payment for the
issuance of the said Certified
Microfil Copy (Exhibit “K”) by
the Commissioner of the LRA.
Proof of payment for the
issuance of Exhibit “K” and
the lawful existence on file
of the original microfilm with
the “LRA”.

EXHIBIT “K-2” Notice of Hearing by the CFI of To show or prove that on

Rizal (now RTC) Pasig, Rizal for the basis of the defendant’s
Page 7

the registration of the subject Opena fake or falsified Deed

property by the defendant of Sale of Real Estate (Exh.
Opena which is a Certified True “J”) he was able to file the
Copy from the Chief Docket registration case for the
Division of the LRA. subject property absolutely

EXHIBIT “K-3” Notice of Payment of
Publication in the Land Reg.
Case No. N-4960 of the subject
property wherein the payor is
the defendant Opena which is
also a Certified True Copy
issued by the LRA.
EXHIBIT “L” The Decision of the land
registration case LRC No. N-
4960 with LRC Rec. No. N-
27140 over the subject
property in favor of the
defendant Opena issued by
then CFI Judge, Cecilia Munoz-
Palma dated April 20, 1966. It
is unfortunate that the entire
records of the said Land Reg.
Case No. N-4960 are no longer
available in the records of the
then CFI now RTC of Pasig,
Metro Manila. At any rate the
defendants does not dispute
that the origin or source of
their titles OCT No. 5297 and
and TCT No. (242743) 22089
was pursuant to such decision
(Exh. “L”). Also enclosed is the
Certification of the Clerk of
Court of the RTC of Pasig,
Metro Manila.
EXHIBIT “M” Original Certificate of Title
(OCT) No. 5297 of the subject
property in the name of the
defendant Pantaleon Opena
with notation “Cancelled” by
TCT No. 242743 on its face.
(Admitted by defendant V.C.
Ponce Co., Inc. in its Answer to
the Complaint) with an area of
30,437 square meters.
EXHIBIT “N” Final Deed of Absolute Sale
executed by the defendant
Opena in favor of the other
defendant V.C. Ponce Co., Inc.
dated October 15, 1967 and
was NEVER denied by the latter
in its Answer to the Complaint.
without the knowledge and
consent of the plaintiffs with
the then CFI of Rizal.
To show or prove that on
the basis of the said fake or
falsified Deed of Sale (Exh.
“J”) defendant Opena was
allowed to make payment
for publication by the then
CFI of Rizal without the
knowledge and consent of
the plaintiffs.
To show or prove that by
virtue of the said Decision
(Exh. “L”) of Judge Cecilia
Munoz-Palma the defendant
Opena was issued the illegal
and invalid title over the
subject property which is
Original Certificate of Title
(OCT) No. 5297 by Antonio
Noblejas Commission of
Land Registration (Exh. “M”
for plaintiffs).
Page 8
To show or prove that the
defendant Opena was
issued an invalid and illegal
title over the property of the
plaintiffs.
To show or prove that the
defendant Opena after
securing the fraudulent title
(OCT No. 5297) to the
subject property sold
substantial portion of the
same in favor of the other
defendant V.C. Ponce, Inc.
EXHIBIT “O” Transfer Certificate of Title
(TCT) No. 242743) 20089 of
the subject property in the
names of the defendants V.C.
Ponce Inc. and Pantaleon
Opena dated 25 February 1969
Pasig, Rizal which originated
and cancelled OCT No. 5297
(Exh. “M”) of the defendant
Opena. Admitted by the Ponce, Inc.
defendant V.C. Ponce in its
Answer in the case.
SUBSTITUTED Certified True Copy of Transfer Same as above purpose.
EXHIBIT “O” Certificate of Title (TCT) No.
(242743) 20089 in the names
of defendants, V.C. Ponce, Inc.
and Pantaleon Opena by the
Register of Deeds of Paranaque
City which originated and
cancelled Exh. “M” (OCT No.
5297) of the defendant Opena.
EXHIBIT “P” Xerox copy of the Certification
of the Treasurer of Paranaque
of the payment for 1984 to
1997 realty tax of the subject
property in the name of
defendant Opena as requested
by Sps. Marty and Veronica
Desphy dated 5 March 1997.
EXHIBIT “P-1” Official Receipt of Payment
made by Sps. Desphy for the
subject property in the name of
defendant Opena with O.R. No.
8221924.
EXHIBIT”Q” Official Receipt No. 1978821
dated March 29, 2001 issued
by the Treasurer of Paranaque
City as payment for Realty
Taxes over the subject property
in the name of the Heirs of
Angel Mabait as paid by Erna
Revilla.
To show or prove that on
the basis of the said Final
Deed of Sale (Exh. “N”) OCT
No. 5297 of defendant
Opena was cancelled and
the and the issuance of said
TCT No. (242743) 20089 in
the names of both
defendants Opena and V.C.
Page 9
To show or prove thast Sps.
Desphy secure said
Certification (Exh.”P”) from
the Treasurer of Paranaque
City as being the one who
paid the realty taxes in full
for the subject property in
dispute as evidenced by
Exh. “P-1” hereof.
To show or prove erroneous
payment by Sps. Desphy in
the name of defendant
Opena over the subject
property in as much as the
defendant Opena was able
to secure Tax Declaration in
his name.
Page
10
To show or prove that the
plaintiffs as Heirs of Angel
Mabait are paying the real
estate taxes over their
subject property.
EXHIBIT “Q-1” Official Receipt No. 1970543 Same as the above purpose
dated March 5, 2001 issued by and to point the error in the
the Treasurer of Paranaque as issuance of the same.
payment for realty taxes made
by Erna Revilla but erroneously
stated received from defendant
Opena in as much as he was
able to secure Tax Declaration
over the property.

EXHIBIT “R” Certificate of Birth of plaintiff, To show or prove the fact of

Generoso L. Revilla issued by birth of plaintiff Generoso
the Local Civil Registrar of Revilla.
Muntinlupa City.

EXHIBIT “R-1” Bracketed name of the father To show or prove that he is

(Roman Revilla) of the plaintiff, the son of Roman Revilla
Generoso Revilla in his said and father.
Certificate of Birth (Exh. “R”).

EXHIBIT “R-2” Bracketed name of the mother To show or prove that

(Maria Mabait) of the plaintiff plaintiff’s Generoso Revilla’s
Generoso Revilla. mother is Maria Mabait and
the daughter of Sps. Angel
Mabait and Paulina Dela
Cruz as afore-mentioned.

Page
11
EXHIBIT “S” Certificate of Ownership of
Large Cattle dated February 24, To show or prove that the
1920 issued by the Treasurer of plaintiffs grandfather Angel
Muntinlupa which was signed Mabait is the owner of large
and thumbed marked by cattle used in the cultivation
plaintiffs grandfather, Angel of the subject property.
Mabait and attested by the
Municipal Secretary. That this
document is an ancient
document under the Rules of
Evidence which requires no
further proof.

EXHIBIT “S-1” Certificate of Ownership of To show or prove that the

Large Cattle dated April 9, 1947 plaintiffs mother Maria
issued by the Treasurer of Mabait is the owner of large
Muntinlupa City in the named cattle used by the family of
of plaintiffs mother, Maria the plaintiffs in the
Mabait. Also an ancient cultivation of the subject
document. property.

EXHIBIT “S-1-a” The encircled Thumbed marked Same as above purpose.

of plaintiffs mother, Maria
Mabait on the Certificate of
Ownership of Large Cattle (Exh.
“S-1”).
EXHIBIT “T” Special Power of Attorney of To show or prove that the
the Heirs of Florentino Mabait plaintiff Heirs of Florentino
Revilla in favor of Catalina R. L. Revilla is properly
Vega in the prosecution of the represented in the instant
instant case (Civil Case No. 97- case.
0246 RTC Br. 257, Paranaque
City)
Page
12

EXHIBIT “T-1” Page 2 of said SPA (Exh. “T”) Same as the above purpose.

EXHIBIT “T-2” The encircled signature name, Same as the above purpose.
CTC No. and words Attorney-in-
Fact of Catalina R. Vega

EXHIBIT “U” Certificate of Live Birth of To show or prove the

Attorney-in-Fact Catalina R. relationship of Catalina R.
Vega indicating thereto that his Vega to the Heirs of
father is Florentino Mabait Florentino Mabait Revilla
Revilla. and to the deceased father
himself.

EXHIBIT “V” Joint Affidavit of Birth of To show or prove the fact of

Angelino L. Mabini and Ramona
Quitaneg-Moleria about the fact
of birth of plaintiff heir
Simeona Mabait Revilla on July
1, 1928 at Sucat, Muntinlupa,
Rizal.
birth of the plaintiff Simeona
Mabait Revilla and that his
parents are Maria Mabait
and Roman Revilla.

EXHIBIT “W” Marriage Contract of plaintiff To show or prove the lawful

Simeona Revilla to Emilio marriage of plaintiff
Mabait dated January 29, 1956. Simeona Revilla Mabait and
that her parents are Maria
Mabait and Roman Revilla.

EXHIBIT “W-1” Bracketed names of Roman Same as above purpose.

Revilla and Maria Mabait as the
father and mother of the
plaintiff Simeona L. Revilla in
the (Exh. “W”) marriage
contract.
Page
13
EXHIBIT “W-1” Bracketed name and thumb- Same as above purpose.
marked of the plaintiff Simeona
Mabait Revilla on the Marriage
Contract (Exh. “W”)

EXHIBIT “W-2” Bracketed name and signature Same as above purpose.

of the husband, Emilio Mabait
of the plaintiff, Simeona
Mabait.
EXHIBIT “X” Joint Affidavit of Birth of Felipa
R. Dela Cruz and Josefina R.
Dela Cruz regarding the birth of
the plaintiff, Virginia L. Revilla
who was born on June 8, 1940
at Muntinlupa City and whose
parents are Maria Mabait and
Roman Revilla.
To show or prove the fact of
birth of the plaintiff Virginia
Revilla and the daughter of
Maria Mabait and Roman
Revilla.

EXHIBIT “Y” Marriage Contract of the To show or prove plaintiff

plaintiff, Virginia Revilla to Virginia Revilla marriage and
Maximiano Tuazon dated July that her parents are Maria
10, 1958. Mabait and Roman Revilla
as stated thereto.

EXHIBIT “Y-1” Bracketed signature of plaintiff Same as above purpose.

Virginia Revilla on Exh. “Y”
(Marriage Contract)

EXHIBIT “Y-2” Bracketed signature of Same as above purpose.

husband, Maximiano Tuazon of
the plaintiff Virginia Revilla.
Page 14

EXHIBIT “Y-3” Bracketed names of Maria Same as above purpose.

Mabait and Roman Revilla as
mother and father of the
plaintiff, Virginia Revilla
Tuazon.

Makati City for Paranaque City 24 April 2019

RESPECTFULLY SUBMITTED.

ATTY. VICENTE TAGABIYAK

Counsel for Plaintiffs
11 Floor, Avengers Building II,
th

143 Del Pilar St. Quezon City

IBP No. 614589/02-14-2020/Samar
PTR No. 956393/01-05-04/Makati City
Roll No. 34567

Copy furnished :

Atty. Mike Enrique

87 Bonnie Serrano Avenue
Quezon City

EXPLANATION
 Due to time constraint and lack of messengerial personnel, copy of this
Formal Offer of Evidence for Plaintiffs was filed and served by registered mail
with return card to defendants counsel.

VICENTE TAGABIYAK