REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch LXXIV(74)
Taguig City, Metro Manila

SUPT. AGATON MAUNAHAN CIVIL CASE NO. 2834

ET. AL. Represented by NORMA
ESPARCIA , Atty-in-Fact, FOR: FORCIBLE ENTRY
Plaintiffs,

-versus-

SUPT. INOCENTES CAPUNO

ET. AL., and all persons
similarly situated and claiming
rights under their names,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION FOR RECONSIDERATION

PLAINTIFFS, through counsel, most respectfully alleges:

1. That an Order was issued by this Honorable Court on January 22, 2008,
to wit:
“ For failure of the plaintiffs to appear during the preliminary
conference despite due notice and considering that this case falls under the
Rules on Summary Procedure and upon motion of the defendants who are
present in Court and duly represented by their counsel, this case is
dismissed.

The hearing on the counter-claim of defendant Supt. Datumama

Mukalid is set on March 11, 2008 at 8:30 o’clock in the morning.

The plaintiff thru their representative Norma Esparcia, defendant

Capuno, his counsel and the counsel for defendant Mukalid are notified of
this Order in open court.”

2. That Rule 70 sec. 8 provides, viz:

“ Section 8. Preliminary conference; appearance of parties.- Not

later than thirty
(30) days after the last answer is filed, a preliminary conference shall be
held. The
provisions of Rule 18 on pre-trial shall be applicable to the preliminary
conference unless
inconsistent with the provisions of this Rule.

The failure of the plaintiff to appear in the preliminary conference

shall be cause
for the dismissal of his complaint. The defendant who appears in the
absence of the
plaintiff shall be entitled to judgment on his counterclaim in accordance
with the next
preceding section. All cross-claims shall be dismissed.

x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x.

x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x.”
 3. That Rule 18 sec. 4 provides, viz:

“ Section 4. Appearance of Parties.- It shall be the duty of the

parties and their
counsel to appear at the pre-trial. The non-appearance of a party may be
excused only if
a valid cause is shown therefore or if a representative shall appear in his
behalf fully
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authorized in writing to enter into an amicable settlement, to submit to an

alternative
modes of dispute resolution, and to enter into stipulations or admissions of
facts and of
documents. (n)”( Underscoring supplied).

4. That the Supreme Court in Ang Ping vs. Court of Appeals 310
SCRA
343 ruled that the party-litigant himself must appear for pre-trial but if he
chooses to be represented thereat, he should grant a special power of attorney to
his counsel or representative.

5. That plaintiffs did executed a Power of Attorney to co-plaintiff Norma

Esparcia to represent them in court thus, she was present during the hearing for
preliminary conference on January 22, 2008, as indicated in the Order of this
Honorable Court, viz:

“ The plaintiff thru their representative Norma Esparcia, defendant

Capuno, his
counsel and the counsel for defendant Mukalid are notified of this Order in
open court.”

WHEREFORE, premises considered, plaintiffs pray of this Honorable Court

to reconsider her Order dated January 22, 2008 in the interest of justice and
equity.

Calamba City, Laguna for Taguig City, Metro Manila. 29 February 2008.

ATTY GREGORIO E. MAUNAHAN

Counsel for Plaintiffs
158 Dr Jose Rizal St., Calamba City 4027
PTR 704 8942/11-02-08/Calamba City
ATTY. Rollo 29651/IBP LIFE MEMBER 01404 OR 458740
TIN: 215-321-208

NOTICE OF HEARING

Atty Niczon G. Yao ( Counsel for Supt Mukalid)

3 P. Aquino Avenue, Malabon City

Atty Tranquilino Gale ( Counsel for Supt Capuno)

R-D2 Manuela Bldg. San Juan St., Bacolod City

The Clerk of Court, MTCC Br 74

Tagig City, Metro Manila

SIR/MADM:

Please calendar instant Motion for consideration on March 11, 2008 at 8:30
a.m. during the scheduled hearing of instant case as earlier ordered.

ATTY GREGORIO E. MAUNAHAN

EXPLANATION

COPY of instant motion was sent to the above counsels by registered mail
with return card due to distance.

GREGORIO E. MAUNAHAN

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
FOURTH JUDICIAL REGION
Branch 25
Binan City, Laguna

ANICIA GARCIA Rep. by Atty-in-Fact

NIDA GARCIA,
Petitioner, RTC LRC CASE NO. B-
4300
-versus-

THE REGISTER OF DEEDS OF CALAMBA,

Respondent,.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

NOTICE OF APPEAL

PETITIONER, through counsel, respectfully appeals as she

hereby gives notice that he is appealing the Order in this case
against the petitioner. Copy of the said Order was received by the
petitioner on 10 July 2018. The petitioner is appealing the adverse
decision to the Court of Appeals for being contrary to the
provision of PD 1529 and para 5 of Rule 110 of the Rules of
Court.

Copy of the Official Receipt No. dated 24 July 2018,

showing the payment of its corresponding Docket Fees is enclosed
herewith as Annex “A” made part hereof;

WHEREFORE, petitioner respectfully prays that the records of

the case be elevated to the Court of Appeals for proper disposition.

Calamba City for Binan City. 24 July 2018.

 ATTY. GREGORIO E. MAUNAHAN
Counsel for Petitioner/CP: 09498661956
158 Dr Jose Rizal St., Calamba City 4027
PTR 652224/1-03-2018/CALAMBA CITY
ATTY. ROLL 29651/IBP LRN 01404
MCLE COMP. NO. V-0001975 ON 5 MAY
2014
CC:
MR. VICENTE VELASCO
Old Albay District, Legaspi City

MS. NIDA GARCIA

c/o Atty Nelson Loyola, Sampaguita Village, Brgy. Sampaguita
San Pedro City

EXPLANATION: COPY was sent to Mr. Vicente Velasco and Atty.

Loyola by registered mail with return card due to lack of messenger
to effect personal service due to distance.

ATTY. GREGORIO E. MAUNAHAN

Republic of the Philippines
FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT OF LAGUNA
Branch 102, Sta Rosa City

HELEN LIBRERO,
Petitioner,

-versus- LRC CASE NO. S-67-2018

REGISTER OF DEEDS FOR

LAGUNA, Calamba Branch
Respondent,
x-------------------------------------------x

MOTION FOR RECONSIDERATION

PETITIONER, through counsel, most respectfully alleges:

1. That an Order of this Honorable Court was issued directing the

submission of Certification of No Claim issued by the Register of Deeds for
Laguna, Calamba Branch;

2. That likewise, subsequent Order was issued by this Honorable Court

DISMISSING instant case.

3. That in response to my request made to the Registry of Deeds for

Laguna, Calamba Branch, for issuance of CERTIFICATE OF NO CLAIM
involving petitioner’s title, a copy of LRA CIRCULAR NO.33-2018 was given to
the undersigned counsel, which is self-explanatory;
 WHEREFORE. premises considered, petitioner pray this Honorable Court to
reconsider its DISMISSAL of instant petition, in the interest of justice and equity
pursuant to PD 1529 and LRA CIRCULAR NO. 33-2018, hereto attached as
Annex “A” made part hereof;

4. That said Order was received by the undersigned counsel on July 11,
2018;

5. That plaintiffs prays for reconsideration of the Order dismissing instant

Calamba City for Sta Rosa City. 22 February 2019. .

ATTY. GREGORIO E. MAUNAHAN

Counsel for Petitioner/CP: 09498661956
158 Dr Jose Rizal St., Calamba City 4027
PTR 6969048/1-03-2019/CALAMBA CITY
ATTY. ROLL 29651/IBP LRN 01404
MCLE COMPLIANCE NO. VI-005222 until 4-14-2022
-1-

NOTICE OF HEARING

The Clerk of Court, RTC Branch 102

Arcillas Memorial Hall
Sta Rosa City, Laguna

THE REGISTER OF DEEDS, Calamba City, Laguna

SIR/MADAM:

Greetings !!!

Please take notice that instant motion is submitted without further argument
being non-litiguous in nature.

ATTY. GREGORIO E. MAUNAHAN

EXPLANATION

COPY was personally served to the Registrar of Deeds for Laguna, Calamba
Branch, Calamba City.

GREGORIO E. MAUNAHAN
 -2-

-2-

in dismissing instant case based on mere presumption of receipt of the Order,

hearing on the merits is prayed for. The wife of plaintiff died, hence instant
complaint;
 WHEREFORE, premises considered, plaintiff pray of this Honorable Court
to reconsider her Order dated 10 August 2012 in the interest of justice and
equity.

Calamba City, Laguna for Tanauan City, Batangas.

ATTY GREGORIO E. MAUNAHAN

Counsel for Plaintiffs
158 Dr Jose Rizal St., Calamba City 4027
PTR 4563170/1-03-2012/Calamba City
ATTY. Rollo 29651/IBP LIFE MEMBER 01404 OR 458740
MCLE COMPLIANCE NO. IV-0002697 on 16 Sept 2011
TIN: 215-321-208

NOTICE OF HEARING
Atty Dagulpo, C/O Dr Maria Lourdes Alday
Dr J.P. Laurel District Hospital, Brgy. Santor, Tanauan City

The Clerk of Court, RTC Branch 83,Tanauan City

MADAM:

Please calendar instant Motion for hearing on 26 October 2012 at 8:30 in

the morning.
ATTY GREGORIO E. MAUNAHAN
EXPLANATION: COPY of instant motion was sent to the above counsels by
registered mail with return card due to distance.

GREGORIO E. MAUNAHAN