Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch 88
Paranaque City

MANILA CONSTRUCTION & DEVELOPMENT

OF THE PHILIPPINES, INC.,
Plaintiff-Appellant,
-versus-

CIVIL CASE NO. 2018-83

For: FORCIBLE ENTRY AND DAMAGES
WITH PRAYER FOR WRIT OF
PRELIMINARY MANDATORY
INJUNCTION

BURGUNDY ASSET DEVELOPMENT CORP.,

SPARC PROPERTIES & REALTY CORP.,
IRON BUILDERS & DEVELOPMENT CORP., &
All persons claiming rights under them,
Defendants-Appellees.
x------------------------------

NOTICE OF APPEAL

Plaintiff-Appellant-MANILA CONSTRUCTION &

DEVELOPMENT OF THE PHILIPPINES, INC. (MCDP), through
undersigned counsel, unto this Honorable Court, most respectfully
gives notice that the Plaintiff-Appellant-MCDP is appealing the
Decision of the Honorable Court dated April 2, 2020 and further
states that:

1. The Decision dated April 2, 2020 was received by the

undersigned on July 10, 2020, which dismissed the case for
 Forcible Entry filed by Plaintiff-Appellant, the dispositive
portion of which reads to wit:
“WHEREFORE, premises considered, the Court rules to
DISMISS the case for Forcible Entry filed by plaintiff Manila
Construction and development of the Philippines., against
defendant Burgundy Asset Development Corporation; SPARC
Properties and Realty Corporation, Iron Builders and
Development Corporation for utter lack of merit.
Accordingly, the plaintiff is hereby DIRECTED TO PAY the
defendants BURGUNDY ASSET DEVELOPMENT
CORPORATION and SPARC PROPERTIES AND REALTY
CORPORATION the amount of Three Hundred Thousand
Pesos Php 300,000.00 each by way of attorney’s fees, and
ten thousand pesos P10,000.00 appearance fee. Plaintiff is
likewise DIRECTED TO PAY the defendant IRON BUILDERS
& DEVELOPMENT CORPORATION the amount of EIGHTY
THOUSAND PESOS Php 80,000 attorney’s fees and five
thousand pesos Php5,000.00 appearance fee.”
2. The Plaintiff-Appellant is appealing the aforesaid Decision
dated April 2, 2020 for being rendered contrary to the facts
and/or evidence adduced and the law and/or applicable
jurisprudence;
3. Plaintiff-appellant having received the said Decision dated
April 2, 2020 on July 10, 2020 has fifteen (15) days from
receipt of the said Decision or until July 25, 2020 within
which to Appeal the said Decision;
4. This instant Notice of Appeal dated July 13, 2020 is filed
within the reglementary period of fifteen (15) days;
5. The Parties in this appeal is Plaintiff as appellant and
defendants as appellees;
6. Upon filing of the Notice of Appeal, the Plaintiff-Appellant
had paid the necessary amount to the Clerk of Court, as
payment of appellate court docket and other lawful fees for
the filing of an Appeal under Rule 40 of the Rules of Court,
which official receipts of payment are made integral parts
hereof;
 7. Hereto attached as well is the copy of the Affidavit of Service
of the Notice of Appeal with explanation of the Mode of
Service thereof, showing that copies of this motion were
sent to the following:
A. THE BRANCH CLERK OF COURT
MTC - Branch 88
Paranaque City

B. Atty. Yolando F. Lim

Counsel for Defendant Burgundy Asset and Development
Corp.
Unit B 1554, San Marcelino Street
Ermita, Manila

C. Atty. Rabendranath Y. Uy
Counsel for defendant SPARC Properties and Realty
Corporation
Legal Department, 12th Mezzanine Floor, Theatre Carpark
Building Solaire Resort and Casino, No. 1 Aseana
Avenue, Brgy. Tambo, Paranaque City

D. Atty. Marilyn O. Ngo

Counsel for defendant Ironcon Builders & development
Corp.
Unit 601, RCI Bldg., 105 Rada Street
Legaspi Village, Makati City

PRAYER
Wherefore, premises considered, it is most respectfully prayed
that the Honorable Court takes notice of this instant appeal to the
Decision dated April 2, 2020 and forward the records of the above-
captioned case to the Regional Trial Court for proper proceedings.
Plaintiff-Appellant further prays for other reliefs just and
equitable in the premises.

RESPECTFULLY SUBMITTED.
 July 13, 2020. Quezon City for Paranaque City, Philippines.

ATTY. HENRY S. CAPELA

Counsel for the Plaintiff-Appellant
Room 1015 Corporate 145 Building
No. 145 Mother Ignacia Avenue,
Brgy. South Triangle, Quezon City
1103 E-Mail Add:
henrycapelamge@gmail.com Cellular
Phone No. (0917) 582-1561
IBP No. 112182; 1-24-2020 ; Bulacan
PTR No. 8221354- 1/17/2020-Bulacan
Roll No. 44616
MCLE Compliance No. VI-0024519;
April 24, 2019

Copy Furnished:

THE BRANCH CLERK OF COURT

MTC - Branch 88
Paranaque City

Atty. Yolando F. Lim

Counsel for Defendant Burgundy Asset
and Development Corp.
Unit B 1554, San Marcelino Street
Ermita, Manila

Atty. Rabendranath Y. Uy
Counsel for defendant SPARC Properties
and Realty Corporation
Legal Department, 12th Mezzanine Floor, Theatre Carpark Building
Solaire Resort and Casino, No. 1 Aseana Avenue, Brgy. Tambo,
Paranaque City
Atty. Marilyn O. Ngo
Counsel for defendant Ironcon Builders
& development Corp.
Unit 601, RCI Bldg., 105 Rada Street
Legaspi Village, Makati City

EXPLANATION
Pursuant to Section 11, Rule 13 of the 1997 Rules of
Civil Procedure, the undersigned hereby explains that he is
furnishing/sending copies of his pleading to the adverse parties, by
registered mail due to heavy volume of equally important delivery
assignments, inadequate number of messengerial personnel, and
lack of material time, the confluence of which makes personal
service impracticable.

HENRY S. CAPELA

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, ALLEN ALBERT MOJICA, of legal age, Filipino, and with

address at c/o Manila Construction and Development of the
Philippines (MCDP) ORCEL II Building 1611 Quezon Avenue, Brgy.
West Triangle, Quezon City after having been duly sworn to in
accordance with law do hereby depose and state that:
1. I am the authorized representative of Plaintiff-Appellant in the
above-entitled Case. I have caused the preparation and filing
of the instant Notice of Appeal, with assistance of Plaintiff-
Appellant’s counsel-Atty. Henry S. Capela. And I have read
and understood the contents hereof to be true and correct of
my own personal knowledge;
 2. The allegations in the pleading are true and correct based on
my personal knowledge and based on authentic documents;
3. The pleading is not filed to harass, cause unnecessary delay,
or needlessly increase the cost of litigation;

4. The factual allegations herein have evidentiary support or, if

specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery;

5. Pursuant to Section 5, Rule 7 of the 1997 Revised Rules of

Civil Procedure, as amended, I hereby certify that I have not
commenced any other action or proceeding involving the same
issue in the Supreme Court, the Court of Appeals, or the
different divisions thereof, or any Court, Tribunal or Quasi-
judicial agency. If I should learn of a similar action or
proceeding filed or pending before the Supreme Court, the
Court of Appeals, or different divisions thereof or any Courts,
Tribunal, or Quasi-judicial agency, I undertake to notify this
Honorable Court of such fact within five (5) days from notice
thereof;

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 13th day of July 2020 at ___________________.

ALLEN ALBERT MOJICA

Affiant

SUBSCRIBED AND SWORN to before me this ____ day of July

2020 at ____________, affiant exhibiting his personal identification-
Card and made integral part hereof.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2020.
Republic of the Philippines)
__________________________)S.S.
x------------------------------------x

AFFIDAVIT OF SERVICE

I, ATTY. HENRY S. CAPELA, of legal age, and with office

address at Rm. 1015 Corporate 145 Building, No. 145 Mother
Ignacia Avenue, Brgy. South Triangle Quezon City, after having
been duly sworn to in accordance with law, depose and state that:
1. I am the Counsel, who represented the Plaintiff-Appellant, in
the above-entitled Case;

2. The Original copy and copies of the Notice of Appeal is

personally filed before the:

THE BRANCH CLERK OF COURT

MTC - Branch 88
Paranaque City

3. On July ___, 2020, I served the Copies of the Notice of Appeal

to the adverse parties by registered mail at the
____________________ Post Office pursuant to Section 7, Rule
13 of the Rules of Court to wit:

Atty. Yolando F. Lim

Counsel for Defendant Burgundy Asset
and Development Corp.
Unit B 1554, San Marcelino Street
Ermita, Manila Reg. Receipt No.____
 Atty. Rabendranath Y. Uy
Counsel for defendant SPARC Properties
and Realty Corporation
Legal Department, 12th Mezzanine Floor,
Theatre Carpark Building
Solaire Resort and Casino,
No. 1 Aseana Avenue,
Brgy. Tambo, Paranaque City Reg. Receipt No.____

Atty. Marilyn O. Ngo

Counsel for defendant Ironcon Builders
& development Corp.
Unit 601, RCI Bldg., 105 Rada Street
Legaspi Village, Makati City

As evidenced by the foregoing Registry Receipts Nos. indicated-

above.
IN WITNESS WHEREOF, I have hereunto set my hand this
___day of July 2020, in ________________.

ATTY. HENRY S. CAPELA

Affiant
SUBSCRIBED AND SWORN to before me this ____ day of July
2020 at ______________________; Affiant exhibiting to me Integrate of
Bar of the Philippines I.D. with Roll No. 44616.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2020.