MTC Ruling on Multiple Cases for Recovery of Possession

Republic of the Philippines
Fourth Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Bacoor City, Cavite
Telephone Number: 046-4246164
Mobile Number: 0908-416-3846
Email address: mtcc1bcr003@judiciary.gov.ph
FINE PROPERTIES, INC.,

Plaintiff, Civil Case No. BCCV 2019-474
For: Recovery of Possession and
- versus - Damages
NERISSA SILOT, and/or any other

person/s claiming rights under her,
Defendant/s.
x------------------------x

- versus - Damages
MARICHELLE DELA CRUZ and/or any

other person/s claiming rights under
her,
Defendant/s.
x-------------------------x

- versus - Damages
VICKY VILLALVA and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
JENNILYN SANTIAGO and/or any other

Defendant.
x-------------------------x

- versus - Damages
LIGAYA MALLEN and/or any other

Defendant/s.
x-------------------------x
- versus - Damages
FERNAND RAUMAR and/or any other

person/s claiming rights under him,
Defendant/s.
x - - - - - --- - - - - - - - - - - - - - - - - - - x

- versus - Damages
JOSUE BOBILIA and/or any other

persons claiming rights under him,
Defendant/s.
x-------------------------x

- versus - Damages
RAYMART CAPULONG and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
MYLENE PADIOS, and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
HELEN RAUMAR and/or any Other

Defendant/s.
x-------------------------x

- versus - Damages
ROMEO PEREDA and/or any other

Defendant/s.
x-------------------------x
- versus - Damages
NESTORIO VILLALVA, and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
ANALYN VILLALVA and all any other

Defendant/s.
x-------------------------x

- versus - Damages
ROSELYN CAPULONG and/or any other

persons claiming under her,
Defendant.
x-------------------------x

- versus - Damages
LARRY CAPULONG and/or any other

persons claiming under him,
Defendant.
x-------------------------x

- versus - Damages
DEMETRIO LETE and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
TELYN RELLOSA and/or any other

Defendant/s.
x-------------------------x
- versus - Damages
ANDOY RAUMAR and/or any other

person/s claiming under him,
Defendant/s.
x-------------------------x

- versus - Damages
PEDRO RAUMAR and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
JOHNNY LETE and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
JOY YAESO and/or any other person/s

claiming rights under her,
Defendant/s.
x-------------------------x

- versus - Damages
ANNALIZA YAESO and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
CEZAR CAPULONG and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
LYNETTE ARARACAP and/or any other

Defendant/s.
x-------------------------x

- versus - Damages
CONCHITA CAPULONG SANTIAGO,

and/or any other person/s claiming
rights under her,
Defendant/s.
x-------------------------x

- versus - For: Recovery of Possession and
Damages
JOVELYN TAGLE and/or any other
Defendant/s.
x-------------------------x
PRE-TRIAL ORDER
When this case was called for pre-trial, the following appearances were
noted:
Atty. Clifford Chua, counsel for the plaintiff

Atty. Louie Alfred G. Pantoni
Marichelle dela Cruz (subject to the submission of proper proof of identity)
Vicky Villalva
Jennilyn Santiago
Ligaya Mallen
Judith Raumar, wife of Fernand Raumar
Ma. Teresa Bobilia, wife of Josue Bobilia
Helen Raumar
_________, wife of Romeo Pereda
Daylinda Regino
Analyn Villavalva
Marietta Purificacion
Larry Capulong
Demetrio Lete
Telyn Rellosa
Andoy Raumar
Pedro Raumar
Johnny Lete
Joy Yaeso
Annaliza Yaeso
Cezar Capulong
Lynette Araracap
Conchita Capulong Santiago
Jovelyn Tagle
Nestor Villavalva
Atty. Pantoni undertook to furnish this Court with proofs of identification

of Marichelle Dela Cruz, Joy Yaeso and Analiza Yaeso for this Court to verify their
respective identities. He likewise undertook to submit copies of the Special Power
of Attorney of _____________ authorizing him to appear for today’s pre-trial. He
is thus given three (3) days from receipt of this Order to comply with his
undertaking.
On the other hand, defendants Nerissa Silot, Raymart Capulong, Mylene

Padios, _________, failed to appear despite proper notice. In view thereof and
pursuant to Section 5 of Rule 18 of the 1997 Rules of Civil Procedure, the
plaintiff is hereby allowed to present its evidence ex-parte on September 28,
2020 at 1:30 in the afternoon with respect to Civil Case Nos. ______,
______.
As to the remaining cases1, the pre-trial proceeded as follows:
I. PLAINTIFF’S EVIDENCE
A. Documentary and other Object Evidence
Exhibit “A” - Articles of Incorporation of FPI;

Exhibit “B” - Secretary’s Certificate;
Exhibit “C” - TCT No. T-56656 (Provisional);
Exhibit “D” - Traceback Title TCT No. RT-13733 (Provisional);
Exhibit “E” - Tax Declaration No. 238-0015-156832;
Exhibit “F” - Official Real Property Tax Receipt No. 1059874;
Exhibit “G” - Official Receipt No. 1599510;
Exhibit “H” - Tax Clearance dated 28 August 2019;
Exhibit “I” - Aerial Photograph;
Exhibit “J” - Deed of Absolute Sale between MDHC and Fine Properties, Inc.
(Provisional)
B. Testimonial Evidence:
Judicial Affidavit of Engr. Patrick Stephen C. Marasigan
C. Reserved Evidence:
Exhibit K - Judicial Affidavit of Engr. Patrick Stephen C. Marasigan

Exhibit K-1 - Signature of the Affiant
Exhibit - Tax Payment related to the property
II. DEFENDANT’S EVIDENCE
A. Documentary and other Object Evidence:
Exhibit “1”- Transfer Certificate of Title No. T-56656 covering the Subject Lot;
Exhibit “2” - Transfer Certificate of Title No. T-55999 covering the Lot 6464-B;
Exhibit “3” - Tax Declaration No. 238-0015-156832 covering the Subject Lot;
1
Indicate the case nos. pls
Exhibit “4” - Tax Declaration No. 238-0015-156833 covering Lot 6464-B;
Exhibit “5-A” to “5-Y” - Various photos of the Subject Lot showing the vegetation therein;
Exhibit “6-A” to “6-M” - Various photos of Lot 6464-B;
Exhibit “7” - DAR Notice of Coverage for the Subject Lot (Provisional);
Exhibit “8” - Application to Purchase and Farmer’s Undertaking in connection with the
Subject Lot (Provisional);
Exhibit “9” - DARCO Order No. MS-1703-064, series of 2017, issued by the DAR
Secretary in Case No. A-0400-0324-11 (Provisional);
Exhibit “10” - Secretary’s Certificate dated July 29, 2019 issued by Mr. Daciano David C.
Palami;
Exhibit “11” - Death Certificate of Mercelita D. Arevalo (Provisional);
Exhibit “12” - Birth Certificate of Defendant Jovelyn Arevalo (Provisional);
Exhibit “13” - Death Certificate of Conchita Capulong (Provisional);
Exhibit “14” - Birth Certificate of Larry Capulong (Provisional);
Exhibit “15” - Birth Certificate of Cesar Capulong (Provisional);
Exhibit “16” - Birth Certificate of Raymart Capulong (Provisional); and,
Exhibit “17” - Birth Certificate of Lynette Araracap.
B. Testimonial Evidence:
Judicial Affidavit of each of the twenty six (26) defendants (except Conchita Capulong);
Judicial Affidavit of Andres Regino;
Judicial Affidavit of a representative from the DAR; and,
Judicial Affidavit of a representative from MDHC.
C. Reserved Evidence:
Exhibit 18 - Barangay Certification from Barangay Molino III dated July 18, 2018
Exhibit 19 - General Information Sheet of MDHC
Reserved - Photos of the houses
Reserved - Judicial Affidavit of the witnesses
Evidence not pre-marked and listed herein shall not be allowed during trial.
III. ADMITTED FACTS AND STIPULATIONS OF FACTS
1. The original of the said title is in the records of and existing in the Register of
Deeds for the Province of Cavite;
2. The property, including the subject portions, are declared for taxation purposes
under the name of Moonwalk Development and Housing Corporation (“MDHC”);
3. The subject property is declared under the name of Moonwalk Development and
Housing Corporation;
4. The Deed of Absolute Sale between MDHC and the Plaintiff also covers the
alleged sale to the Plaintiff of Lot 6404 and 6464-B covered by Transfer
Certificate of Title Nos. T-56656 and T-55999.
IV. ISSUES TO BE TRIED OR RESOLVED
1. Whether Plaintiff as purchaser and owner of the Subject Property is entitled to

recover possession of the Subject Portion from Defendant;
2. Whether the Defendant is liable to Plaintiff for rent, damages, attorney’s fees
and cost of suit;
3. Whether this Honorable Court has no jurisdiction over the subject matter of
these cases because (i) these cases involve agrarian reform matters or
implementation of the CARP ; and/or (b) the assessed value of the Subject Lot
exceeds Php20,000.00
4. Whether or not Plaintiff is a real party in interest in these cases and has valid
causes of action against the Defendants;
5. Whether or not Plaintiff is entitled to the possession of the lots where the houses
of Defendants stand;
6. Whether or not the houses or homelots of the Defendants are located within the
Subject Lot;
7. Whether or not each Defendant is liable to pay Plaintiff compensatory damages
in the amount of Php50,000;
8. Whether or not each Defendant is liable to pay Plaintiff exemplary damages in
the amount of Php50,000.00;
9. Whether or not each Defendant is liable to Plaintiff for attorney’s fees in the
amount of Php50,000.00; and
10. Whether or not Defendants are liable for costs of suits.
V. MANIFESTATION OF PARTIES HAVING AVAILED OR THEIR

INTENTION TO AVAIL OF DISCOVERY PROCEDURES OF
REFERRAL TO COMMISISIONERS
VI. NUMBER AND NAMES OF WITNESSES, THE SUBSTANCE OF THEIR

TESTIMONIES, AND APPROXIMATE NUMBER OF HOURS THAT
WILL BE REQUIRED BY THE PARTIES FOR THE PRESENTATION
OF THEIR RESPECTIVE WITNESSES
VII. SCHEDULE OF CONTINUOUS TRIAL DATES FOR BOTH PLAINTIFF

AND DEFENDANT
The plaintiff shall present and terminate its evidence on September 28,
2020 at 1:30 P.M.
The defendants, on the other hand, shall present and terminate their
evidence at 1:30 PM on the following dates:
October 26, 2020

November 09, 16 and 23, 2020
December 7, 2020
January 11, 18 and 25, 2021
February 1 and 8, 2021
The trial dates are final and intransferrable, and no motions for
postponement that are dilatory in character shall be entertained by the court. If
such motions are granted in exceptional cases, the postponement/s by either
party shall be deducted from such party’s allotted time to present evidence.
As the parties have already undergone mediation proceedings and upon

their manifestation that they are no longer open for possible settlement of the
cases, trial shall proceed on the trial dates indicated above.
Failure of the party or his or her counsel to comply with the above-
mentioned schedule of hearings and deadlines shall be a ground for imposition of
fines and other sanctions by the court.
The parties and their counsel are hereby notified hereof, and the court
shall no longer issue a subpoena to the parties present today.
VIII. OTHER MATTERS
Both counsels manifested their willingness to be furnished with the Court’s

orders, resolutions, notices and other issuances as well as to be served with the
opposing party’s pleadings, motions, and other court submissions through their
respective electronic mail addresses, to wit: Pls indicate the email addresses
of the parties.
Further, Atty. Chua did not object to the belated submission of the Judicial
Affidavits of the defendants as long as the counsel for defendants shall ensure
that copies thereof will be received by the plaintiff and the Court at least five (5)
days before the intended hearing.
Finally,
CONFORMITY
____________________________ ___________________________
Plaintiff Defendant
___________________________ __________________________
Plaintiff’s Counsel Defendant’s Counsel
ATTESTED:
______________________________________
Branch Clerk of Court
NOTED BY:
_____________________-_____________________
ROSETTE H. ABRENICA
Assisting Judge
Supreme Court Administrative Order No. 144-2020
Copy Furnished:
ATTY. PAUL LAWRENCE LIM ATTY. LOUIE ALFRED G. PANTONI

ATTY. CLIFFORD E. CHUA Counsel for the Defendant/s
Counsel for the Plaintiff Bacoor City District Office
CHUA LIM AND ASSOCIATES B17 L18 Phase 1 Bellazona-Navarre
Unit 304, 3rd Floor, The Orient Square Building Molino III, Bacoor City, Cavite
F. Ortigas Jr. Road (Ex-Emerald Avenue)
Ortigas Center, Pasig City 1603
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MTC Ruling on Multiple Cases for Recovery of Possession

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Republic of the Philippines

Fourth Judicial Region

FINE PROPERTIES, INC.,

NERISSA SILOT, and/or any other

FINE PROPERTIES, INC.,

MARICHELLE DELA CRUZ and/or any

FINE PROPERTIES, INC.,

VICKY VILLALVA and/or any other

FINE PROPERTIES, INC.,

JENNILYN SANTIAGO and/or any other

FINE PROPERTIES, INC.,

LIGAYA MALLEN and/or any other

FERNAND RAUMAR and/or any other

FINE PROPERTIES, INC.,

JOSUE BOBILIA and/or any other

FINE PROPERTIES, INC.,

RAYMART CAPULONG and/or any other

FINE PROPERTIES, INC.,

MYLENE PADIOS, and/or any other

FINE PROPERTIES, INC.,

HELEN RAUMAR and/or any Other

FINE PROPERTIES, INC.,

ROMEO PEREDA and/or any other

NESTORIO VILLALVA, and/or any other

FINE PROPERTIES, INC.,

ANALYN VILLALVA and all any other

FINE PROPERTIES, INC.,

ROSELYN CAPULONG and/or any other

FINE PROPERTIES, INC.,

LARRY CAPULONG and/or any other

FINE PROPERTIES, INC.,

DEMETRIO LETE and/or any other

FINE PROPERTIES, INC.,

TELYN RELLOSA and/or any other

ANDOY RAUMAR and/or any other

FINE PROPERTIES, INC.,

PEDRO RAUMAR and/or any other

FINE PROPERTIES, INC.,

JOHNNY LETE and/or any other

FINE PROPERTIES, INC.,

JOY YAESO and/or any other person/s

FINE PROPERTIES, INC.,

ANNALIZA YAESO and/or any other

FINE PROPERTIES, INC.,

CEZAR CAPULONG and/or any other

FINE PROPERTIES, INC.,

LYNETTE ARARACAP and/or any other

FINE PROPERTIES, INC.,

CONCHITA CAPULONG SANTIAGO,

FINE PROPERTIES, INC.,

Atty. Clifford Chua, counsel for the plaintiff

Atty. Pantoni undertook to furnish this Court with proofs of identification

On the other hand, defendants Nerissa Silot, Raymart Capulong, Mylene

As to the remaining cases1, the pre-trial proceeded as follows:

A. Documentary and other Object Evidence

Exhibit “A” - Articles of Incorporation of FPI;

Judicial Affidavit of Engr. Patrick Stephen C. Marasigan

Exhibit K - Judicial Affidavit of Engr. Patrick Stephen C. Marasigan

II. DEFENDANT’S EVIDENCE

A. Documentary and other Object Evidence:

III. ADMITTED FACTS AND STIPULATIONS OF FACTS

IV. ISSUES TO BE TRIED OR RESOLVED