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  • Supplement To The Defendant-Appelants, Very Urgent Motion and Manifestation Dated March 16, 2020, One Mercedes Properties, Inc. - SCA Case No. R-PSG-17-03875-SC-ROO-OO

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    11. Supplement to the Defendant-Appelants, Very Urgent Motion and Manifestation dated March 16, 2020, One Mercedes Properties, Inc. - SCA Case No. R-PSG-17-03875-SC-ROO-OO

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    Supplement To The Defendant-Appelants, Very Urgent Motion and Manifestation Dated March 16, 2020, One Mercedes Properties, Inc. - SCA Case No. R-PSG-17-03875-SC-ROO-OO

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    Cla BA

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    of 11
    Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 67, Pasig City ONE MERCEDES PROPERTIES, INC. represented herein by Jose Ronaldo C. Bernardo, Plaintiff-Appellee, SCA Case No, R-PSG-17-03875-SC-ROO-00 - versus - (Civil Case No. M-PSG-17-03875-SC) (For: Unlawful Detainer) (MeTC Branch 69 - Pasig City) METROASIA WAREHOUSING & LOGISTICS, INC, Defendant-Appellant. “x x su} ‘HE DEFENDANT- “VERY URGENT MOTION AND MANIFESTATION” DATED MARCH 16, 2020 Defendant-Appellant, METROASIA WAREHOUSING & LOGISTICS, INC., through the undersigned counsel and unto this Honorable Court, most respectfully states that: 1. Petitioner previously filed before this Honorable Court a “Very Urgent Motion and Manifestation” dated March 16, 2020 relating to the plaintiff-appellee’s actuations of arrogating unto itself the unlawful execution of a non-existing final and executory decision 2 The said “Very Urgent Motion and Manifestation” dated March 16, 2020 pertains to the incident that transpired on March 11, 2020, whereby plaintiff-appellee instructed and directed a Fuso Elf Truck, with Plate No. NBU-8408, to illegally and unlawfully enter the leased premises and park therein without the consent, authority or permission from the defendant-appellant, and wanted to unload and illegally place within the leased premises several portalets that were loaded in the said elf truck. 3. On March 19, 2020, the people of plaintiff-appellee (OMPI) once again went to the leased premises, with the help and assistance of Pasig Barangay officials /personnel of Barangay San Antonio (ie, the leased premises is not located in Barangay San Antonio, but in Barangay Kalawaan) and illegally installed a huge tarpaulin which indicated that OMPI is offering the subject property for sale or lease. Attesting to the foregoing are the pertinent photographs (Annex “A” hereof). 4. The specifics of what transpired during the March 19, 2020 incident is detailed in the Letter sent via email (Annex “B” hereof) by defendant-appellant’s Atty. Anthony A. Dy to OMPI (particularly to Emiliano R. Caruncho III and Ronald Caruncho Bernardo), the contents of which are hereunder quoted for easy reference, thus: . 1[Page anthony dy To:Eiliano Caruncho I, Ronald Cesevergreengarden,pasig@gmail.com,CRISANTO SORIANO, Jennylyn Calamiong,Niko Paolo Ocampo Fri, Mar 20 at 12:00 AM Dear Mr. ECIII and Mr. Ronald, This afternoon, there was another incident within the leased premises. This is already the 3 incident involving One Mercedes within the leased premises. I went there personally to check the situation. Upon arrival, I saw Evergreen/Caruncho personnel (with white pick up vehicle parked on the other side of the street) together with Brgy. San Antonio fire/rescue personnel (with 1 fire truck and 1 motorcycle) already inside the leased premises and in the act of installing a huge tarpaulin bearing the name of One Mercedes, among other information. Upon my multiple inquiries with Brgy. San Antonio personnel on who ordered the installation of the huge tarpaulin, they eventually uttered “Ronald Caruncho”. This declaration was witnessed by a lot of people, including Brgy. Kalawaan personnel, Metroasia personnel and bystanders. When I inquired from the occupant of the white pick up vehicle on who ordered the tarpaulin installation, he uttered “Presidente namin". When I inquired further on who is your President, he just uttered “Mr. Caruncho”. When I inquired further on the first name of this Mr. Caruncho, he just said “Basta po si Mr. Caruncho”. When 1 inquired the name of this. Evergreen personnel, he refused to give his name, Our personnel was able to take pictures and videos of the whole incident this afternoon, including the ID of this Evergreen personnel. When Brey. Kalawaan personnel responded to the incident, your white pick up vehicle immediately fled the scene and left Brgy. San Antonio personnel behind. Upon inquiry why they are assisting One Mercedes in illegally implementing the tarpaulin installation, one of the Brgy. San Antonio personnel uttered words to the effect that “kala namin NCOV tarpaulin ang pinapalagay sa amin ng City Hall, nagulat na lang kame na ganyan pala nakasulat sa tarpaulin”. One Brey. San Antonio personnel also uttered words to the effect that “itatawag muna namin if ano gagawin namin sa tarpaulin na yan kasi utos lang sa amin and sumunod lang kame" Afr several calls by one of the Brey. San Antonio personnel, they proceeded in dismantling the said tarpaulin in the presence of Brgy. Kalawaan personnel, Metroasia personnel and bystanders. A handwritten incident report was signed by one of the Brgy. San Antonio personnel, and witnessed by a Brgy. Kalawaan personnel, and the name “Ronald Vernardo" was written therein. Based on this latest incident, it cannot be denied that this incident was at the prodding of One Mercedes (company name was in the tarpaulin), it's President (as alleged by an occupant of the white pick up with Evergreen 2|Page Tshirt and this confirmation was witnessed by Brgy. Kalawaan personnel and also videotaped by Metroasia), as well as by Ronald Bernardo whose name was mentioned several times earlier (mistakenly referred to as Ronald Caruncho or as Ronald Vernardo). In the previous portalet incident, the name of Evergreen/Ronald Caruncho were also uttered by the elf truck driver upon inquiry by Metroasia personnel. The whole country, particularly Metro Manila and nearby provinces, cities and municipalities, is currently under a 6 month state of calamity due to the NCOV issue. With this incident, government resources (ie, of Brgy. San Antonio) were clearly and undeniably used to serve private interests at the worst possible time. On who gave the instruction, and why the instruction was followed by Brgy. San Antonio personnel, it is not difficult to arrive at a reasonable conclusion. While President Duterte has ordered all brey officials to do their sworn duty and legal obligation to contain the NCOV issue at all means necessary, Brgy. San Antonio personnel had to leave their area of jurisdiction, and brought with them a fire truck no less that could have been used at that time during NCOY sanitation operations/other more important Brgy. sponsored NCOV activities, in order to implement the illegal and unlawful tarpaulin installation inside the leased premises, which is located outside the jurisdiction of Brgy. San Antonio. Our Chairman has suggested during our ‘emergency board meeting earlier to report this unauthorized and illegal government use of Brey personnel and Brgy. fire truck to the Office of the President as well as to the DILG so that they can investigate this illegal, unauthorized and insensitive use of government resources. I had recommended that such written report be done at a later time, maybe next week, and not this week, as we are busy with the NCOV issue with our own personnel, customers and suppliers. We look forward in receiving your reply to this email Regards, Anthony 5. Aside from the foregoing, it has also come to the attention of defendant- appellant that the plaintiff-appellee sent a Letter dated February 27, 2020 (Annex “C” hereof) to 2GO Group, Inc. The said letter in part states: “Greetings, We were recently made aware that vou have been sub-leasing the property of One Mercedes Properties Inc. (One Mercedes) from Metroasia Warehousing & Logistics Inc. (“Metroasia”). Mee arcu x x x you are hereby put on notice that One Mercedes will re-take possession of the Property and demolish the structure and all improvements standing thereon upon expiration of the lease on 28 February 2020." (Underscoring ours) 3)Page 6. Based on the above portions of the subject letter, it is undeniable that: a. The plaintiff-appellee tries to make it appear that it has just recently learned that 2G0 Group, Inc. is sub-leasing a portion of the leased premises from the defendant-appellant (1 paragraph, page 1, Letter dated February 27, 2020). The foregoing is again a blatant lie because e year 2017, the plaintiff Ireadi furnished a demand letter to vacate against 2GO relating to the latter’s occupation of a portion of the leased premises, and as early as the year 21 Bi lee hi it 2 isanac remi its multi ocular inspections of the leased premises with prospective buyers. b. The plaintiff-appellee is putting on notice 2G0 Group, Inc. that it will retake possession of the leased premises and demolish all existing structures. This threat all the more bolsters the defendant- appellant's contention that the former has arrogated unto itself the unlawful execution of a non-existing final and executory decision. 7. The plaintiff-appellee’s actuations are therefore clearly in direct contravention of existing rules of procedure. There is a proper procedure laid down by the rules insofar as execution and enforcement of final and executory judgments or decisions are concerned. It is only when judgments or decisions become final and executory can they be implemented or enforced by the Honorable Court's Sheriff. 8. Inthis case, however, despite the fact that there is no final and executory decision, the plaintifF-appellee already arrogated unto itself the unlawful and premature entry into the leased premises. 9. The plaintiff-appellee must therefore be directed and mandated to observe the pending status quo and accordingly respect the defendant-appellant’s right to occupy the leased premises devoid of any illegal entry or trespassing of the plaintiff-appellee’s personnel or employees and motor vehicles. 10, \ In the same manner as prayed for in the defendant-appellant’s “Very Urgent Motion and Manifestation” dated March 16, 2020, this Honorable Court must therefore direct all the responsible officers of plaintiff-appellee (OMPI) to show cause as to why they should not be cited in contempt for such unlawful actuations committed on March 19, 2020. 11. The responsible officers of plaintiff-appellee (OMPI) must likewise be directed to submit to the Honorable Court the list (with full names and addresses) of all the individuals who participated in the unlawful/illegal entry into the leased premises on March 19, 2020 whereby there was an attempt to post or install a very large tarpaulin in the name of the plaintiff-appellee. PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that: 4[Page 1. All the responsible officers of plaintiff-appellee (OMPI) be required or directed to show cause as to why they should not be cited in contempt for’ such unlawful/illegal entry into the leased premises on March 19, 2020; and, 2, All the responsible officers of plaintiff-appellee (OMPI) be required or directed to submit to the Honorable Court the list (with full names and addresses) of all the individuals who participated’ in the unlawful/illegal entry into the leased premises on March 19, 2020, whereby there was an attempt to post or install a very large tarpaulin in the name of the plaintiff-appellee. Other measures of relief, just and equitable under the premises, are likewise prayed for. Taguig City for Pasig City, March 20, 2020. By: ATTY. CRISANTO C. SORIANO Counsel for the Defendant-Appellant P.T.R. NO. A-4208957 /01-08-19/Taguig City LB.P. NO. 065203/ 01-10-19/ Pangasinan MCLE Compliance No. VI-0022553 / 04-5-2019 ROLL NO. 49610 Unit 806, 8 Floor, One Global Place 5th Avenue corner 25% Street Bonifacio Global City, The Fort Taguig City, Metro Manila Tel. Nos. 869-0374 (75) To the party named hereunder: Due to its urgency, please submit the foregoing motion for the consideration and approval of this Honorable Court on June 5, 2020, Friday, at 9:00 o'clock in the morning, without further oral arguments. Atty. Crisanto C. Soriano Copy furnished by registered mail: Chavez Miranda Aseoche Law Offices Counsel for the Plaintiff-Appellee 8 Floor, One Corporate Plaza 845 Arnaiz Avenue, Makati City Explanation: Due to time constraint, this “Supplement to the Very Urgent Motion and Manifestation dated March 16, 2020” is served upon the Plaintiff-Appellee’s counsel by LBC Express Courier and not personally. 6 [Page Annex “B” anthony dy

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