You are on page 1of 1

Synopsis

Began with the issuance of the 18 November 2016 first Indorsement, by the Honorable Supreme Court to the
Honorable Court Administrator, requesting assistance with the enforcement of the Judgment of Declaration and
Judgment of Registration of the decision therein Land Registration by Court’s Order (see G.R. No. 128122 &
128229, 18 March 2005 Decision) pertaining to the decision promulgated by the Quezon City Regional Trial Court
on Civil Case No. Q92 – 8455, 28 January 1993 (hereinafter referred to as the Judgment), copy furnished to JOSE
VICENTE N. ERICTA, (hereinafter referred to as 1st Party.)

On one hand, the reversal of defects of the current registration¹ have caused the Judgment in the state of “With the
absence of an Owner/s”, because of Prescription of Ownership and Other Real Rights (Arts 1126, 1130 & 1131, of
R. A. 386).

Writ of Execution not applicable with Land registrations under P.D. 1529, Sec. 39 (see G.R. No. 159595, 23
January 2007 Decision)

In the application of remedies, as provided by Rule 39, Sec. 1, of the Rules of Court, in accordance with Arts. 384,
381, 389, 393, 709, 960, & 1058 of R.A. 386 (Whereby Judgment is already Final and Judicial appeal is unperfected),
in addressing the following issues:

a. Establishing legal proof of ownership for the completion of the Judgment

b. Conveyance of the “Declaration of Absence”, in acquiring for the rights of the absentees.
c. Provision of the venue for the conveyance of the Declaration of Absence (in accordance with Art.,1058 of
R.A. 386, as governed by the Rules of Court),
d. Issues concerning the appointment of (Special) Administrator (Rule 80, of the Rules of Court) – applied
ONLY to properties with legally established proof of ownership.

Thus, the following had been conveyed by the 1st Party:

As provided by Rule 74, of the Rules of Court, the 15 July 2017 Affidavit of Self-adjudication submitted to the
Honorable Administrator of L.R.A., (Copy furnished the Q.C. R.T.C. Branch 88 Honorable Branch Clerk of Court),
wherein the “Declaration of Absence” was expressed and conveyed. Consequently is of the same contingency in
acquiring for the rights of absentees, and at same instance, to be informed and be certain of, about addressing issues
concerning Rule 80 of the Rules of Court. The above said affidavit was in the administration of the right to exercise
Ex-parte Ruling, invoked therein by the 1st Party.

In this connection, the conveyance as per 17 September 2018 Affidavit of Certainty (Copy furnished the Honorable
Q.C. R.T.C. – Branch 88, 2nd October 2018), on the other hand, points out that the Absolute Deeds of Sale, presented
by the Absentees, technically describes a parcel of land, on a different location, as the printed flaws may prove
(specifically with the Geodetic computations for the apparent exact technical description of the location
in the therein). In fact, that legally certain may deem for the Parcel of Land therein Land Registration by Court’s
Order, described in the Judgment is not the same Parcel of Land foregoing establishment.

Therefore, FOR & BY the above stipulated circumstance, the 1st Party stands as the true owner of the Property, in
preserving the interest of, in concluding the legal establishment of the Land Registration by Court’s Order, under
the privileged chance of upholding the integrity of the Honorable Court & Judgment.

I hereby attest to the veracity of truthfulness of the above stipulations.

JOSE VICENTE N. ERICTA


1st Party
Entrepreneur, Crystal Blue Water
T.i.n., Non-Vat Reg. 212-149-116-000

EPEB Nos. Date issued


1. 2015004191 15 Feb., 2015
2. 2015004914 23 Feb., 2015
3. a. 2016025137 10 Aug., 2016
b. 2016025146
4. a. 2016034894 21 Oct., 2016

ccv2017055225 in accordance with Arts 1130 & 1131 of R. A. 386, was copy furnished with the Q.C. RTC Branch 88

You might also like