Good morning Your Honor, I am Atty. Rafael Eloy A.

Bello from Tan

Venturanza Valdez, respectfully appearing for Plaintiff.

Your Honor, we are not presenting today the witness appraiser. However,
we beg the indulgence of this Honorable Court to allow us to set another date for
the presentation of the witness appraiser.

Also your Honor, I was supposed to present Ms. Gigi San Juan as our
today’s witness but she’s not available. Hence, I request the stipulation of fact on
her testimony regarding the Php8,000.00 expense incurred by Plaintiffs to re-verify
the subject property. So that we’ll dispense her presentation of her testimony.

Truth be told your Honor, our client is having difficulty of engaging an

appraiser who will attest the reasonable rentals for Defendant’s use and occupation
corresponding to the period when plaintiffs, were deprived possession of the
encroached area from 2001 to the present.

With all due respect your honor, I would like to manifest that if you would
not allow us to give or set another date for the presentation of our 3 rd witness
appraiser, we shall forego the other actual damages and leave to this Honorable
Court’s discretion to pray for nominal damages.

Action Report:

Dear sirs,

As previously reported, I attended last Thursday’s hearing @Branch 18,

RTC of Tagaytay City for the presentation of our 2 nd Witness (Appraiser). Atty. De
Castro, Mrs. Fulgado, and Sps. Fulgado’s counsel were present. As part of our due
diligence, I called the Court the day before the scheduled hearing and I was
informed that hearing will push through. Unfortunately, after waiting for almost an
hour from the scheduled hearing, we were informed by the court’s staff that the
Honorable Judge had to attend an unexpected lecture. The hearing is reset on 12
December 2019 (Thursday, 8:30am).

After we signed the minutes, I was approached by Defendants. They

informed me that the third party defendants (nuns) are willing to settle the matter.
They asked me if you sir ABKT, is willing to meet them to negotiate and settle this
matter. I informed them that you will not be in the country for the time being, but
they’re willing to wait upon your return to set the intended meeting. Mrs. Fulgado
mentioned that the purpose of the meeting is to let the third party complainant
shoulder the damages that the Sps. Fulgado and Sps. De Castro are liable to pay. I
respectfully replied that I’ll inform you first Sir ABKT. If you are willing to meet
them, I’ll coordinate with the other counsels and set for a time and place for the
said meeting.