Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
BRANCH 6
Tacloban City

XYZ DEMARKETING, INC. Civil Case No. 2020-3344

Plaintiff,

GV ASADON, ET. AL,

Defendants,
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FABIO L. PONCE
Plaintiff-Intervenor.
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OPPOSITION/COMMENT
To the Manifestation with Motion for Reconsideration
And Comments/Opposition to Defendants’ Motion for
Issuance of Status Quo Ante Order
WITH MOTION TO STRIKE OUT PLEADING

PLAINTIFF-INTERVENOR, by counsel, unto this Honorable Court

most respectfully alleges that:

1. THE PLEADING IS A MERE SCRAP OF PAPER SANS NO

NOTICE OF HEARING PURSUANT TO SEC. 5, RULE 15 OF THE
RULES OF COURT.--Plaintiff-Intervenor received the Plaintiff’s pleading
on 2 January 2020. She finds that it is not a mere manifestation, but a
‘litigated” MOTION FOR RECONSIDERATION. However, this pleading
violates the Notice of Hearing pursuant to Section 5, Rule 15 of the Revised
Rules of Court, which provides that there should be a notice of hearing
addressed to all parties concerned, and shall specify the time and date of the
hearing which must not be later than ten (10) days after the filing of the
motion. A motion that does not contain a notice of hearing is but a mere
scrap of paper. It presents no question which merits the attention and
consideration of the Court.

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 2. MOTION FOR RECONSIDERATION OF COURT ORDER
DATED 5 MAY 2018 IS FILED OUT OF TIME. During the hearing of
the case on 5 May 2019 before presiding Judge Juan Felipe, the court
dictated and issued the order in OPEN COURT that “finding the arguments
of counsel for plaintiff-intervenor impressed with merits, the complaint in
intervention is hereby admitted.” Plaintiff’s counsel, Atty. NELLYLOPE
B. MORFE appeared vice Atty. JO SANCHEZ, who had been appointed as
Judge of the said Court. Atty. MORFE never sought for the reconsideration
of the ruling in open court. It was also unlikely for Judge SANCHEZ, who
inhibited himself from handling this case at RTC Branch 6 for being the
former counsel of plaintiff – not be able to notice the last order issued by the
acting Judge Felipe dated 5 May 2019 immediately after he issued his Order
of Inhibition on 27 June 2019. As such, it cannot be denied that the Court
Order was furnished to the parties in the regular course of its business.
While the intervenor and the defendants have admitted to have received the
assailed order, it is surprising that the plaintiff or his client did not receive
the same. Nevertheless, counsel for plaintiff cannot deny that he was present
in court when the presiding judge ruled for the admission of the complaint-
in-intervention. Consequently, it would be now highly irregular for
plaintiff’s counsel to move for the reconsideration of the assailed order after
almost a year of existence of said Order in the records of the case.

3. THE STATUS QUO ANTE BELLUM MUST BE

PRESERVED. While plaintiff is harping that this Honorable Court would
contradict and nullify in effect the Development Permit issued to him by the
City Government in 2016, it must be noted that this Honorable Court itself
has ruled earlier in favor of the possession of the property subject of this
case to the intervenor, which was affirmed with finality by the Court of
Appeals in GR No. 98765-CV (RTC Br. 8, Tacloban City No. 1230) and
Entry of Judgment on 26 January 2015.

WHEREFORE, premises considered, it is most respectfully prayed

to this Honorable Court that plaintiff’s aforesaid pleading be DENIED
outright and be STRICKEN OFF the records for being a mere scrap of
paper, filed out of time, and for lack of merit.

Respectfully submitted.

27 May 2020. Tacloban City, Leyte.

GRACELLE MAE O. ORALLER

NOTARY PUBLIC for Tacloban City
My Commission expires December 31, 2020
IBP No. 140142, 1/2/2020, Tacloban City
PTR No. 1234567 2/2/2020, Tacloban City
2nd Floor, Dynasty Building, Zamora St., Tacloban City

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COPY FURNISHED:

ATTY. NELLYLOPE B. MORFE

Counsel for Plaintiff
2/F Old Building, Senator Enage Street,
Tacloban City

ATTY. JO SANCHEZ
Counsel for Defendants
2/F Young Building, Brgy. St. Michael,
Palo, Leyte

EXPLANATION

A copy of this pleading was sent to the adverse parties by registered mail
due to lack of messengerial service. (If served personally, please disregard
explanation.)

GRACELLE MAE O. ORALLER

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