REPUBLIC OF THE PHILIPPINES re REGIONAL TRIAL COURT WANOUNICAIUUINIIIUT] NaTzONAL cAPrTAL 2UDICIAL REGION ese 882 MANILA BRANCH 1 ico de Bol aa a es tawver: NIEVES CARANZA CHAUDHRY and SHAN’ALLAH CARANZA CHAUDHRY, minor represented by her mother NIEVES CARANZA CHAUDHRY, Petitioner, -versus- SPEC. PROC. NO, 11-125344 JAMINAH MANPOWER SERVICES and JAMALUDDIN SIRAJ, ET AL., Respondents, Notice of Order/s Publication Order ATTY. REYNALDO G. ELIZALDE -counsel for the petitioner 945 Escoda St., Malate Manila OFFICE OF THE SOLICITOR GENERAL Le Makati City ACP RODEL V. ABICHUELA 3" floor, Manila City Hall Manila BUREAU OF INTERNAL REVENUE Diliman, Quezon City OFFICE OF THE CLERK OF COURT REGIONAL TRIAL COURT-MANILA 4" floor, Manila City Hall Manila GREETINGS: ” You are hereby notified by these presents that on'the 24st day of March, 2011, an ORDER/s was issued in the above-entitled case, copy of which is hereto attached. Manila, March 21, 21REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT salt Sst0d NATIONAL CAPITAL JUDICIAL REGIO MANILA NIEVES CARANZA CHAUDHRY and SHAN ALLAH CARANZA CHAUDHRY, minor represented by her mother, NIEVES CARANZA CHAUDHRY, Petitioners, ~versus- ‘SPEC PRO. NO. 11-125344 JAMINAH MANPOWER SERVICES and JAMALUDDIN D. SIRAJ, ET AL.,, Respondents. Git se 2) Ae eee =x ORDER A verified petition for Settlement of Estate was filed by petitioners Nieves Caranza Chaudhry and minor Shan Allah Caranza Chaudhry. The Petition alleges that: Patitioner Nieves Caranza Chaudhry for herself and for her minor son Shan Allah Caranza Chaudhry is of legal age, Filipino, widow and a resident of Manila while respondent Jaminah Manpower Services is a single proprietorship engaged in the business of recruiting and sending Overseas Filipino Workers for abroad and with postal address in Manila, The other respondent Jamaluddin D. Siraj is likewise of legal age, Pakistan national and a resident of the Philippines; Petitioner Nieves and Ahmed Shaberraz Chaudhry were married in Zamboanga City on July 16, 2007 and they begot a son, herein minor petitioner Shan Allah Caranze Chaudhry on July 7, 2008. Ahmed Shaberraz Chaudhry was the respondent's Jaminah Manpower Services’ Marketing Director for Overseas who suppiied the latter with manpower requisitions from his clients abroad and this was ‘embodied in a Memorandum of Agreement. In the course of the same, Ahmed Shaberraz Chaudhry and petitioner Nieves Caranza Chaudhry acquired several equipments, machines and other personal properties kept by Ahmed Shaberraz Chaudhry inside his own room at Jaminah Manpower Services. Ahmed Shaberraz Chaudhry died on September 20, 2010. To date, all the equipments are still being kept by Jaminah Manpower Services and being used by it’s officers and employees. Ahmed Shaberraz Chaudhry at the time of his death was an inhabitant of the Philippines and has left no will, egal or holographic and his estate must be settled in accordance with the laws on intestate succession. Thus, petitioner who is Ahmed Shaberraz Chaudhry's iegitimate wife and Shan Allah Caranza Chaudhry who is ‘Ahmed Shaberraz Chaudhry legitimate son are Ahmed Shaberraz Chaudhry’s compulsory heir. Ahmed Shaberraz Chaudhry has left no debts and during his lifetime was a resident of Pandacan, Manila.‘The Court hereby orders that said Petition be as itis hereby set for hearing on June 2, 2011 at 8:30 a.m. On which date and time aforesaid, persons interested “in the said estate and who may have opposition to the Petition may appear and ‘show cause, if any, why the said Petition should not be granted. Let this Order be published at the expense of Petitioner in a newspaper of general circulation in the City of Manila to be chosen by rafle in accordance with Presidential Decree No. 1079, once a week for three (3) consecutive weeks before the date of hearing. Notice of this Order shall be served forthwith upon the deceased known heirs and next of kin whose names and addresses appear in the Petition. Let copies of the Petition be furnished the Office of the Solicitor General SO ORDERED. March 21, 2011. Manita, Philippines. . TITA AGRepublic of the Philippines NATIONAL CAPITAL JUDICIAL REGIO! Regional Trial Court Branch __, Manila NIEVES CARANZA CHAUDHRY and SHAN ALLAH CARANZA CHAUDHRY, minor represented by her mother, NIEVES CARANZA CHAUDHRY, Civil Case nol 1 1 2 5 3 4 4 Petitioners, For: Settlement of Estate of the Deceased Person =versus- and Attachment With Prayer for the Issuance JAMINAH MANPOWER SERVICES of Writ of © and JAMALUDDIN D. SIRAJ, ET.AL., Attachi ern ISBN ah ‘ Respondents. ) x | apa 25 200 | TIEN JY PETITIO The Petitioners, by the undersigned counsel, unto this Honorable Court most respectfully state: 1. That petitioner NIEVES CARANZA CHAUDHRY is of legal age, Filipino, a widow and a resident of 1621 Santiago Street, Paco, Manila; 2. The co-petitioner SHAN ALLAH CARANZA CHAUDHRY is a minor, aged two (2) years and eight (8) months, legitimate son of the petitioner-mother and her deceased husband, AHMED SHABERRAZ CHAUDHRY, with the same address at 1621 Santiago Street, Paco, Manila, represented herein by her mother hereinafter referred to as NIEVES and her son as SHAN, for purposes of brevity. Both shall likewise be referred to as petitioners; 3. The respondent-firm is a single proprietors! engaged in the business of recruiting and sending overseas foreign workers (OFW) for abroad and with address at Rm. 700, 7" Floor, L and $ Bldg., Roxas Boulevard, Ermita, Manila, hereinafter referred to as the FIRM, now headed by JAMALUDDIN D. SIRAJ; 4. Co-respondent JAMALUDDIN D. SIRAJ is of legal age, a resident of the Philippines and of Pakistani nationality, proprietor of the firm with address at Blk. 31, Lot 15, Maharlika Village, Taguig, Metro Manila, hereinafter referred to as SIRAJ,/for10. purposes of brevity, Also made respondents are other persons standing by their rights. CAUSE OF ACTION Petitioner NIEVES and AHMED SHABERRAZ CHAUDHRY, now deceased were legally married in Zamboanga City on July 16, 2007, as evidenced by the Certificate of Marriage, held before Imam Ustadz Shualbie Akoy, attached as Annex A, thereof; Out of NIEVES marriage relationship with husband AHMED SHABERRAZ CHAUDHRY, hereinafter referred to as AHMED, for purposes of brevity, was born a male cl vA T. SHAN, on July .7, 2008 with the help of midwife, MOLITO in Baccor, Cavite, attached birth certificate as Annex B, hereof; ‘That during his lifetime, AHMED was the FIRM’s Marketing Director for Overseas and undertake to supply the FIRM with manpower requisitions coming from his clients abroad; That sometime on October 31, 2007, AHMED and the RESPONDENTS, headed by SIRAJ, executed a Memorandum of Agreement whereby AHMED shall provide foreign employers who will hire qualified job applicants from the Philippines for the FIRM in exchange for a fee or of royalty which the RESPONDENTS shall recruit and undertake the placement of said job applicants for employment abroad. To simplify and avoid too much details and adhere to the rule of stating only the ultimate facts, the agreement is hereto attached as Annex C, which document is self: explanatory; In consonance with the agreement, the FIRM and SIRAJ shall pay AHMED, Three Hundred Thirty Thousand (P330,000.00) PESOS, Republic of the Philippines Currency (RPC); Of the said amount of P330,000.00, TWO HUNDRED THOUSAND (P200,000.00) PESOS, RPC, shall be paid to AHMED, while the remaining ONE HUNDRED THIRTY THOUSAND (P130,000.00) PESOS (RPC) as cash bond of AHMED to the RESPONDENTS. This is therefore the money of AHMED;11. Whereupon, the business proceeded with AHMED supplying foreign employers to the FIRM from October 31, 2007 until the time of his death on September 20, 2010 in Manila, Philippines, the death certificate is attached as Annex D, thereof; 12. During his lifetime while the business was ongoing, AHMED and NIEVES acquired the following equipments, machines and other personal properties which AHMED kept separately inside his own room in the FIRM’s office at Rm. 700 L and S Building, for his own exclusive use thereof, in performing his work: Quantity Item Description/Model_ Value One (1) unit Ait-Conditioner - 18,000.00 One (1) unit Copier /Xerox machine ASDN 3R 45,000.00 One (1) pe. Developer RD 538 P18,000.00\ One (1) pe. ‘Toner RSE36 P 7,000.00 ‘One (1) pe. USB Cable Six (6) fi One (1) unit Document Feeder. HR SP9 P 8,550.00 One (1) unit Sharp Digital Copier 36,450.00 Three (3) pes. New Tables 15,000.00 Three (3) pes. New Chairs 10,000.00 Total. . P125,000.00 As proof thereof, attached are Sales Invoice IB503A dated December 12, 2009 as Annex E; Official Receipt No. 42127 as Annex F and O.R. No. 49261 as Annex G, and the demand letter to give and return said items as Annex G, thereof; 13. The aforecited items were purchased by AHMED and NIEVES and delivered to the former address of the spouses AHMED and NIEVES located at Rm. 4-G Anita Bldg., West, Zamora Street, Pandacan, Manila; 14. Considering that an exclusive office space/room was provided for AHMED in the FIRM’s address/premises for his own use in the conduct or performance of his work, the same were brought to said enclosed room at Rm. 700, L and S Bldg, Oxas Boulevard, Ermita, Manila, by the spouses NIEVES and AHMED; / / 3 i A15. The aforecited items remained in said enclosed room and after AHMED’s death on September 20, 2010, the same remained thereat but was utilized by the FIRM’s officials and employees, particularly by SAIDONA KAMEDAN USMAN and his/her subordinates and other officials of the FIRM shown in the list of officers and staff as enumerated in the certification issued by the Philippine Overseas Employment ‘Administration dated February 10, 2011 as Annex I, thereof. The said parties- respondents impleaded herein as users in actual possession and_parties withholding the release of said items, to the petitioners, as far as their respective participation therein is concemed and accordingly established; 16. So that being the legitimate spouse and son of AHMED, ownership over said properties withheld by the respondents and their cohorts which include the cash bond of P130,000.00 passed to AHMEDs legitimate heirs, namely, NIEVES and SHAN, the herein petitioners, from the moment of AHMED’s death on September 20, 2010, as it was never a property of the FIRM, SIRAJ nor anyone else but them (the heirs) in accordance with Art. 774 and Art. 887 of the Civil Code of the Philippines; 17. For which reason, a demand to recover and retum the said properties/moneys to petitioners, was written by petitioners’ counsel addressed to RESPONDENTS dated January 17, 2011 as Annex H, thereof; 18, However, despite receipt of the letter of demand, the respondents and their cohorts refuused to give, grant, surrender and release the so-called estate of the deceased person, AHMED, consisting of the aforecited sum of money of P130,000.00, plus all the properties enumerated in paragraph 12 of this petition since then, until the present, The total subject inheritance or estate for settlement is TWO HUNDRED FIFTY- FIVE THOUSAND (P255,000.00) PESOS, (RPC) thereof; 19. The decedent AHMED is an inhabitant of the Philippines and residing in Pandacan, Manila, as of the time of his death, has no will, legal or holographic and his estate thereof must be settled in accordance with the laws on intestate succession and must, pass to his legitimate heirs, the herein pe jioners,. The location of his estate is also in f\ Emita, Manila;20. That the inventory thereof consists of the cash money of P130,000.00 stated under paragraph 9 and 10 of this petition and the personal properties stated under paragraph 12 of this petition in the amount of P125,000.00, amounting to a total of 255,000.00 in all; 21. That the petitioners are willing and able to print or publish the corresponding publication or notices in such number of times as the Rules of Court requires and immediately upon order of this Honorable Court in a newspaper of national circulation as the rules may require, thereof. Furthermore, petitioners hereby implead and invoke the pertinent provisions of the Rules of Court, as amended, if any, as well as the corresponding provisions of the Civil Code of the Philippines governing intestate succession, requirements and legal heirs thereof, in support of this petition, including any bond in such amount as this Honorable Court may fix or require and post the same with this Honorable Court or any office so ordered by this Honorable Court; 22. The decedent AHMED nor the petitioners left no debts to the RESPONDENTS, their successors and assigns nor to any third person thereof. There are likewise no other claimants over and upon the estate from any other person in the Philippines or elsewhere thereof, other than the herein petitioners. ATTACHMENT 23. The petitioners hereby replead and restate all the allegations and averments already stated herein from paragraph I to paragraph 22 of the petition insofar as applicable and pertinent in this petition for attachment of said estate of the decedent AHMED, consisting of the cash money and personal properties already mentioned as aforecited/above-stated, particularly pars. 9, 10 and 12, thereof; 24, Considering that the petitioner NIEVES is unemployed and the minor heir, SHAN, is still very young at barely three (3) years of age, both need immediate cash thereof, by way of support for their subsistence, medicine, house rent, electric and water needs, the bills thereon and other important necessities;25. That immediate attachment thereof is necessary in this instance considering that the estate consisting of money and personal properties are in the hands of the adverse party, the herein respondents as security for the satisfaction of any judgment that may be rendered recovered, considering that the respondents and several of their cohorts and supporters are aliens, particularly Pakistanis in cahoots with their Filipino ‘Muslim subordinates and may depart from the Philippines or to Southern Philippines or ARMM autonomous region, thereof at anytime they want to the damage and prejudice of the petitioners, the lawful heirs, who are in dire need of financial assistance for daily sustenance; 26. Attachment is necessary it appearing that respondents, with the help of their cohorts who are Muslim officers and staff of the FIRM may embezzle or fraudulently jioners misapply or convert to their own use and advantage the inheritance of the petit by their sheer act of barring the entry of petitioner NIEVES and/or her authorized persons inside the firm’s office, continue utilizing the moneys and properties for their ‘own use by virtually claiming the estate of the deceased AHMED as their own, to the detriment of the lawful heirs and owners by such continued act of refusing to give and determining the estate and keeping and continue utilizing the same as if their own already to the petitioners loss and prejudice; 27. The said estate/personal properties are unjustly detained and now concealed from the s by their nature are easily disposable thereof and petitioners which proper themselves absconding if they so wish as majority of respondent-FIRM’s officers are aliens, with ready passports and/or visas at their own time and choosing, while the Filipino Muslim staff can run to the Autonomous Region for Muslim Mindanao (ARMM) beyond the jurisdiction of this Honorable Court, thereof; 28. There is great danger that the estate/property may be disposed or could be disposed of at anytime at their will with the petitioners helpless to stop them resulting to their defraudation of their legitimate inheritance and with strong manifestations of removal and disposal considering that the FIRM’s license to recruit was already cancelled’ by the Philippine Overseas Employment Administration (POEA) last December 3, 24 6 //(Annex 1). So that in this instance TIME IS OF THE ESSENCE thereof, with due respect, to this Honorable Court; 29. That aside from detaining the properties being claimed, the P130,000.00 in cash may have been deposited to the FIRM’s bank account, particularly in Banco de Oro, Adriatico Branch, Malate, Manila, or personal bank accounts located in their place of business or residence in Taguig City, thereof; 30. It is for this reason that a freeze order on said Banco de Oro, Adriatico Branch not to withdraw the sum of P130,000.00 from said bank or such other banks as may be identified and verified to have been the respondents depository bank; 31. Corollary, to prevent the RESPONDENTS and their cohorts from transferring and hauling equipments, machines, gadgets, properties and pertinent documents outside of said Rm, 700 of L and $ Bldg., 1414 Roxas Boulevard, Ermita, Manila to be brought elsewhere to assure satisfaction of the judgment by this Honorable Court while the case is being heard thereof. 32. That petitioner NIEVES is a solo parent who deserves maximum protection from the state regarding her rights, claims and interest in her own behalf and that of her son SHAN guaranteed under the provisions of RA 8972 which took effect on November 25, 2000, thereof; PRAYER FOR WRIT OF PRELIMINARY ATTACHMENT 33. The petitioners hereby restate and replead the allegations and averments contained under pars, 1 to 32 of this petition for settlement of estate of the deceased and attachment with the urgent issuance of a writ of preliminary attachment as set forth above herein; 34. It is definite, certain and ninety-nine (99%) per cent sure that the respondents will escape payment of petitioner's claim by going back to Pakistan and/or transferring residence to the Autonomous Region for Muslim Mindanao (ARMM) in the South for their Filipino Muslim cohorts and collaborators as soon as summons are served upon’ them thereof, where this Honorable Court has no jurisdiction over them thereon; A35. Furthermore, even a rumor that this case was filed reaching them, it is likewise certain that they will dispose of all the assets in the separate and enclosed room where all the estate of the deceased AHMED, consisting of the aforecited properties enumerated under paragraph 12 of this petition are kept; 36. Corollary, respondents will withdraw all its funds deposited with Banco de Oro, ‘Adriatico Branch, Malate, Manila or nearby banks as well as those deposited near respondent, SIRAJ residence in Maharlika Village, Taguig City, thereof, 37. Considering that their license to operate was already cancelled by the Philippine remote Overseas Employment Administration (POEA) on December 3, 2010 hope for reinstatement or lifting of its cancellation, it is also certain that respondents with the help of their Muslim cohorts and collaborators will surely transfer, remove, sell, dispose or hide the other properties of the respondent FIRM and SIRAJ found and located in Room 700 of the L and S Building, 1414 Roxas Boulevard, Ermita, Manila, as soon as information or rumor of the filing of this petition reaches them, hence, the need to prevent its transfer and disposition to guarantee payment of the cash bond of P130,000.00 if the bank account is withdrawn or closed thereof; 38, That petitioners are ready, prepared, able and willing to post a surety or attachment bond to guarantee the retum or refund of their inheritance claim, as a result of the issuance of a writ of preliminary attachment over said properties as herein prayed for, in the event that this Honorable Court may decide against their favor or on the contrary, in a bonding/surety insurance firm accredited with the Regional Trial Court of Manila, thereof in the amount of P125,000.00 or in such amount as the Honorable Court may determine or fix thereof, 39. In the alternative, the petitioners shall respect and honor any other method of obtaining said inheritance over the estate of the deceased thru other more effective and economical ways of exacting compliance, recovery, retum or payment by means of other bonds or mode applicable or pertinent to the claim considering the wisdom, knowledge, experience, abil 'y and skill of the Honorable Court in handling mattersof similar import, taking cognizance of the plight of a poor, unemployed and solo parent widow and her son SHAN, thereof; 40. The petitioners invoke the pertinent and applicable laws, rules and jurisprudence governing cases like this which had not come to their knowledge upon the filing of this petition which the Honorable Court may motu proprio invoke at its discretion and authority as justice requires thereof; 41. That petitioners will comply with all procedural and technical requirements in the issuance of said writ of preliminary attachment or any altemative mode that this Honorable Court may impose or require; PRAYER WHEREFORE, premises considered, it is most respectfully prayed that this Honorable Court undertake or order the following: 1. Issue a writ of preliminary attachment over the properties as aforestated and located or found inside or within the enclosed room of the decedent inside the premises of the FIRM’s office at Rm. 700 of the L & S Bldg., with a value of P125,000.00 at the address already indicated; 2. Accept the attachment, surety or any other kind of bond required prior to the issuance of the writ of preliminary attachment, order or other pertinent modes thereof; 3. Schedule an ex parte hearing prior to the issuance of the corresponding writ or order prayed for herein if need be; 4, Issue an order addressed to the Banco de Oro, Adriatico Branch, Malate, Manila, against the account of the respondents, whether savings, time or current deposits up to the amount of the cash claim of P130,000.00 plus interest thereon at the rate of 12% per annum beginning from the date of receipt of the written demand to give, grant, and pay the petitioners on January 17, 2011 thereof, or on any other bank as may later be found to have any such deposits, wherever it may be found in the Philippines; 5. Prevent the respondents from removing, transferring, selling, disposing or hiding the equipment, machines, gadgets and other properties found and located at Rm. 700 of the L and $ Bldg,, in the address as already stated above; 9 6,6. Declare and settle the estate of the deceased AHMED by 7 the same to the latter’s legal and rightful heirs, the herein petition 8. Pay attomey’s fees of not less han P30,000.00 thereof; / 9. Pay forthe cost of suit. | Other reliefs just and equitable in the premises are tikefise prayed for. Manila, Philippines - 10 March 2011 Wee, QS REYNALDO G. ELIZALDE (Counsel for the Petitioners 945 Escoda Street, Malate, Manila PTR No. 9364162, 1-27-11, Manila | IBP No} 855622, 2-16-11 Ortigas, Pasig City MCLE III - 125643 Until 2013 Roll No. 31400 REPUBLIC OF THE PHILIPPINES) City of Manila )SS. VERIFICATION We, NIEVES CARANZA CHAUDHRY and SHAN ALLAH CARANZA CHAUDHRY, a minor, represented herein by her mother, NIEVES CARANZA CHAUDHRY, as affiants under oath, do hereby solemnly declare: 1, That we are the petitioners in the above-entitled case; 2. That we have caused its preparation; 3. That we have read and understood the same; 4. 5. |. That it is true and correct to the best of our knowledge and belief; . We further certify that we have not filed before any court or tribunal any action involving the same issue set forth in the foregoing petition; 6. That if knowledge or any information comes to me of a similar action before any court or administrative body involving the same issue or subject matter, | undertake to inform the Honorable Court of the same within five (5) days from knowledge thereof. AEFIANTS FURTHER SAYETH NAUGHT. Manila, Philippi 10 March 2011 NIEVES cata CHAUDHRY SHAN ALL. CHAUDHRY Petitioner itioner By: NIEVES CARA Mothers 10ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) City of Manila )s.s BEFORE ME, a Notary Public, for and in the City of M i of March, 2011, personally appeared NIEVES CARANZA CHAUDHRY with &8§/No. bs issued F : ! on in wi » Philippines, with her minor son SHAN ALLAH CARANZA CHAUDHRY, a minor, represented by her mother and guardian NIEVES CARANZA CHAUDHRY, known to me to be the same persons who executed the foregoing instrument which they acknowledged before me as their own free and voluntary act and deed. The minor affixed his thumbmark above his name, thereof. WITNESS MY HAND AND SEAL MAR 1 lag March, 2011 in Manila, Philippines Doc. No. Page No. _ Book No. Series of 2011. abel Lg are aban Hey fy oto fel ieana? welieiras JH a9. 201-0 Rede ase TBC say und