Orders. sept. 24, 2012

1,843 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
1,843
On SlideShare
0
From Embeds
0
Number of Embeds
3
Actions
Shares
0
Downloads
3
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Orders. sept. 24, 2012

  1. 1. BRANCH 85TOPPAN PAPER PRODUCTS CO., INC., Plaintiff, - versus- CIVIL CASE NO. Q-09-65216 For: DamagesMETROPOLITAN BANK and TRUSTCOMPANY, Defendant.x====================x ORDER At today’s continuation of trial, counsel for the plaintiff, Atty. Santiago C.Quial, and counsel for the defendant, Atty. Allan Narciso P. Macasaet, were incourt. Atty. Quial continued his direct examination of the witness – Josephine Uy. Considering that the original certified copies of the microfilm of the checkswere not brought to court, the continuation of the direct examination of the saidwitness is set on November 21, 2012 at 2:00 p.m.. Parties are notified in court. SO ORDERED. GIVEN IN OPEN COURT, this 25 th day of September 2012, in Quezon City,Philippines. HON. MARIA FILOMENA D. SINGH Presiding Judgecc:ATTY. SANTIAGO C. QUIAL (Counsel for the Plaintiff)QUIAL GINEZ BELTRAN & YU LAW OFFICES10L Burgundy Corporate Tower252 Sen. Gil Puyat Avenue, 1200 Makati CityATTY. ALLAN NARCISO P. MACASAET (Counsel for the Defendant)16/F, Unit 1602 The Centerpoint Building, Doña Julia Vargas Avenuecorner Garnet Road, Ortigas Center, Pasig City/liezl  rtc_branch85_qc@yahoo.com 924-38-13
  2. 2. BRANCH 85SPS. FRANCISCO and PORTIAMABALING, ET AL., Plaintiffs, - versus - CIVIL CASE NO. Q-06-59073 For: Abatement of Nuisance, DamagesARTURO TUMAMBING, Defendant.x===================x ORDER At today’s continuation of trial, UP Law Intern Paula Editha Pulido with theassistance of the supervising counsel of the UP-OLA, Atty. Roberto N. Dio, andcounsel for the defendant, Atty. Gloria E.P. Morte, were in court. Atty. Mortepresented her witness – Arturo Tumambing, the defendant. Considering that there are still other cases to be heard, the continuation ofthe direct examination of the defendant is set on November 12, 2012 andcontinuation of trial is set on December 3, 2012, both at 9:00 a.m.. Parties are notified in court. SO ORDERED. GIVEN IN OPEN COURT, this 25 th day of September 2012, in Quezon City,Philippines. HON. MARIA FILOMENA D. SINGH Presiding Judgecc:U.P. COLLEGE OF LAW, OFFICE OF THE LEGAL AIDAttn.: ATTY. ROBERTO N. DIOGround Floor, Malcolm Hall, University of the Philippines, Diliman, Quezon CityATTY. GLORIA E.P. MORTE (Counsel for the Defendant)G-10 Asian Mansion Condominium 1, 109 Dela Rosa Street, Legaspi Village, Makati CityATTY. JOSE LEYNES (Counsel for the Defendant)703-A Vicente Madrigal Bldg., 6793 Ayala Avenue, Makati City/liezl  rtc_branch85_qc@yahoo.com 924-38-13
  3. 3. BRANCH 85MARJORIE B. CADIMAS, representedby her Attorney-in-Fact Venancio Z.Rosales, Plaintiff, - versus - CIVIL CASE NO. Q-04-53581 For: Accion Reivindicatoria and DamagesMARITES CARRION, GEMMA HUGOand all persons claiming rights underher Defendants.x==================x ORDER At today’s scheduled continuation of trial, the counsel for the plaintiff, Atty.Tristam B. Zoleta, and counsel for the defendants, Atty. Paris G. Real, were incourt. Atty. Real conducted his cross-examination of the witness – VenancioRosales. The completion of the cross-examination of the said witness is set onNovember 19, 2012 at 8:30 a.m.. Parties are notified in court. SO ORDERED. GIVEN IN OPEN COURT, this 24 th day of September 2012, in Quezon City,Philippines. HON. MARIA FILOMENA D. SINGH Presiding Judgecc:ATTY. TRISTAM B. ZOLETA (Counsel for the Plaintiff)Unit 1804 18th Floor, Manila Astral Tower1330 Taft Avenue corner Padre Faura Street, Ermita, ManilaATTY. SHERWIN G. REAL (Counsel for the Defendants)REAL BRORALO & REAL LAW OFFICES4th Floor, Cityland 10 Tower 1, Ayala Avenue North, Makati City/liezl  rtc_branch85_qc@yahoo.com 924-38-13
  4. 4. BRANCH 85SEGUNDA A. HARTENDORP,represented by her Attorney-in-Fact,Josefine Bernales,, Plaintiff, - versus - CIVIL CASE NO. Q-99-39251 For: Declaration of Nullity of the Deed of Absolute Sale and the Foreclosure Sale held on August 12, 1998 over the subject propery and the Cancellation of the corresponding TCT Nos. 179144 to 179153 inclusive of the subject properties, issued by the Registry of Deeds of Quezon City under the name of Everich Development and Construction Corp.,EVERICH DEVELOPMENT ANDCONSTRUCTION COPR., AYALA LIFEASSURANCE INC., REGISTRY OFDEEDS OF QUEZON CITY, AND EX-OFFICIO SHERIIFF OF QUEZONCITY, SHERIFF EDGARDO C.TANANGCO, in his official capacityas Sheriff-in-Charge, Defendants.x==================x ORDER At today’s scheduled reception of intervenor’s evidence, only the intervenorAtty. Isidro C. Zarraga was in court. Atty. Zarraga manifested to the Court today that he is merely adopting allthe pleadings and other submissions to the Court previous to this date as hisevidence and he has waived the presentation of further evidence. Accordingly, the presentation of intervenor’s evidence is deemed concluded. The “Motion to Submit Matter of Damages for Decision by the Intervenor IsidroC. Zarraga” is now submitted for resolution. SO ORDERED. GIVEN IN OPEN COURT, this 24 th day of September 2012, in Quezon City,Philippines. HON. MARIA FILOMENA D. SINGH Presiding Judgecc:ATTY. REDEMBERTO VILLANUEVA (Counsel for the Plaintiffs)Penthouse C.C. Castro International Building, No. 38 Timog Avenue, Quezon CityATTY. MICHAEL ANGELO S. LOPEZ (Counsel for the Defendants)FELIPE ATIENZA DE LUMEN COLOMA & ASSOCIATES11th Floor, BPI Building, Ayala Avenue corner Paseo de Roxas, Makati City rtc_branch85_qc@yahoo.com 924-38-13
  5. 5. BRANCH 85ATTY. ROMEO J. DUREZA (Counsel for Intervenor)11 Oakville Street, White Plaints Subdivision, Quezon City/liezl REPUBLIC OF THE PHILIPPINES,represented by the DEPARTMENT OFPUBLIC WORKS and HIGHWAYS(DPWH) Plaintiff, - versus - CIVIL CASE NO. Q-11-69348 For: ExpropriationSPS. SIO BON KIM and BETSY K.SIO, et al., Defendants.x=====================x O R D E R At today’s scheduled continuation of trial, Associate Solicitor Jojo Cruzat,counsel for the defendants Sps. Sio, Atty. Rogelio Adeva Mendoza, and counsel forthe intervenor, Atty. Ciriaco Atienza, were in Court, as well as the defendant SioBon Kim. Atty. Atienza presented his witness – Alice C. Taladro and her testimonywas completed. The presentation of the last witness for the intervenor is set on October 15,2012 and continuation of trial is set on November 5, 2012, both at 8:30 a.m.. Atty. Atienza was directed to prepare and submit the Judicial Affidavit of hislast witness not later than five (5) days before the next scheduled hearing date. Heshould also ensure receipt by the adverse parties of the said Judicial Affidavit andall documents to be identified therein. Parties are notified in court. SO ORDERED. GIVEN IN OPEN COURT, this 24 th day of September 2012, in Quezon City,Philippines. HON. MARIA FILOMENA D. SINGH Presiding Judgecc:OFFICE OF THE SOLICITOR GENERAL (Counsel for the Plaintiff)Attn.: SOLICITOR GENERAL JOJO CRUZAT134 Amorsolo Street, Legazpi Village, Makati CityATTY. ROGELIO ADEVA MENDOZA (Counsel for Defendants Sps. Sio Bon Kim and Betsy K. Sio)CHING MENDOZA QUILAS FLORENDO BIOLENA CHING and PARTNERS LAW FIRMSuite 2503-2504 Atlanta Center, No. 31 Annapolis Street, Greenhills, San Juan CityATTY. CIRIACO S. CALALANG (Counsel for Defendant Ramon Timbang)España Tower, Unit 1401, España Boulevard, Sampaloc, ManilaATTY. CIRIACO A. ATIENZA (Counsel for the Intervenor)ATIENZA MADRID & FORMENTOSuite 305 Delta Building, West Avenue, Quezon City/liezl  rtc_branch85_qc@yahoo.com 924-38-13
  6. 6. BRANCH 85SPS. FLORANTE and LUZVIMINDAJONSAY and LITO PEREZ, Plaintiffs, - versus - CIVIL CASE NO. Q-06-59114 For: DamagesMONINA T. RUALO, substituting fordeceased EUTIQUIA TUGONON, Defendant.x===================x O R D E R At today’s scheduled continuation of trial, only the counsel for thedefendant, Atty. Leo S. Romero was in court. Atty. Manuel J. Laserna, Jr. is directed to submit a certificate of attendanceto evidence his attendance at the other hearing supposedly in conflict with today’shearing, within five (5) days from receipt hereof. As there is no objection on the partof Atty. Romero, the Urgent Ex-Parte Motion to Reset Hearing Set on September 24,2012 filed by Atty. Laserna is hereby granted. The presentation of evidence on the defendant’s counterclaim is reset toNovember 12, 2012 at 8:30 a.m.. Notify Atty. Laserna. SO ORDERED. GIVEN IN OPEN COURT, this 24 th day of September 2012, in Quezon City,Philippines. HON. MARIA FILOMENA D. SINGH Presiding Judgecc:ATTY. MANUEL J. LASERNA (Counsel for the Plaintiffs)LASERNA CUEVA-MERCADER LAW OFFICESUnit 15, Star Arcade, C.V. Starr Avenue, Philamlife Village, Las Piñas City rtc_branch85_qc@yahoo.com 924-38-13
  7. 7. BRANCH 85/liezl PCI LEASING and FINANCE, INC. Plaintiff, - versus - CIVIL CASE NO. Q-01-43745 For: Sum of MoneyA.S. TOPACIO CONSTRUCTION INC.AND SPOUSES AUGUSTO S. TOPACIOAND ANTOINETTA B. TOPACIO, Defendants.x=====================x ORDER At today’s scheduled reception of evidence to validate or to confirm thegenuineness of Exhibit “G”, Exhibit “H”, Exhibit “Q”, Exhibit “R”, Exhibit “S” andExhibit “T”, for the plaintiff, counsel for the plaintiff, Atty. Ma. Elena Cajucom andcounsel for the defendants, Atty. Felix Glenn C. Mendoza, were in Court. The parties agreed that they will just enter into stipulations. Atty. Mendozamanifested that he is stipulating that Exhibit “G”, Exhibit “H”, Exhibit “Q” andExhibit “R” are faithful reproductions of the originals. The ruling of the Courtunder the Resolution dated April 13, 2012 is reconsidered. The Court now admitsExhibit “G”, Exhibit “H”, Exhibit “Q” and Exhibit “R”. In regard to Exhibit “S”, Exhibit “T” and Exhibit “U”, Atty. Cajucommanifested that they could no longer find the originals of the official receipts, whichwere denied admission for being mere photocopies. However, in lieu thereof, shesubmitted a Certification dated June 14, 2012, regarding the payment of filing fees. The Court notes that even in the absence of the said Certification, thepayment of the fees could be taken judicial notice of by the Court, as these aremade to the Court and they are actually stamped on the first page of theComplaint. The Resolution is hereby amended accordingly. The plaintiff’s case is nowrested. The presentation of defendants’ evidence is set on November 26, 2012 at8:30 a.m.. Parties are notified in court. SO ORDERED. GIVEN IN OPEN COURT, this 24 th day of September 2012, in Quezon City,Philippines. HON. MARIA FILOMENA D. SINGH Presiding Judgecc:ATTY. POMPEYO P. MAYNIGO (Counsel for the Plaintiff)PEREZ, CALIMA, SURATOS, MAYNIGO & ROQUE LAW OFFICESRms. 2114 and 2115 Cityland Herrera Tower, 98 V.A. Rufino (formerly Herrera) rtc_branch85_qc@yahoo.com 924-38-13
  8. 8. BRANCH 85corner Valero Sts., Ayala North, Makati CityATTY. FELIX GLENN C. MENDOZA (Counsel for Defendants)MELGAR TRIA TRIA & LAURENTE LAW OFFICESSuite 409, CSP Building, 815 Quezon Avenue, Quezon City/liezl TEMPS and STAFFERS, INC., rep.herein by its Chief Operating Officer,VIVIAN ANASTACIO-GUERRERO, Plaintiff, - versus - CIVIL CASE NO. Q-04-53306 For: Sum of Money plus Damages with Application Ex-Parte for a Writ of Preliminary Attachment/GarnishmentKONTAK ONE SOLUTIONS, INC.,SIMEON SANDER DELA CRUZ, JESSPELAYO, Defendants.x = = = = = = = = = = = = = = = = = = = =x PRE-TRIAL ORDER At today’s scheduled initial trial, counsel for the plaintiff, Atty. Ramil A.Mendoza, counsel for defendant Dela Cruz, Atty. Angelito C. Castillo, and counselfor defendant Pelayo, Atty. Elgar Cruz, were in Court. The parties after some discussions agreed to have a pre-trial first becauseafter the JDR this case was immediately scheduled for initial trial. Atty. Cruz submitted the original of the Special Power of Attorney executedby defendant Jess Pelayo dated June 19, 2008. Stipulations The parties failed to enter into any stipulations. Testimonial Evidence The parties named the following witnesses, to wit:For the Plaintiff: 1. Vivian Anastacio-Guerrero 2. Rizalyn Yu 3. Lloyd AnastacioFor the Defendant Pelayo: 1. Jess Pelayo or Myrna DacaraFor the Defendant Dela Cruz: 1. Simeon Sander Dela Cruz rtc_branch85_qc@yahoo.com 924-38-13
  9. 9. BRANCH 85 2. Al Furingan Witnesses not listed here shall not be allowed to testify during trial. Documentary Evidence The documentary and real evidence shall be marked before the Branch Clerkof Court on October 17, 2012 at 2:00 p.m. and the Minutes of the PreliminaryConference so conducted shall form an integral part of this Pre-trial Order. Trial Schedule Pre-trial is now concluded and initial trial is set on November 12, 2012 at8:30 a.m. Parties are required to submit and serve on each other the respectivejudicial affidavits of their witnesses five (5) days before the scheduled date ofhearing, together with the documents to be identified by the said witnesses. Parties are notified in court. SO ORDERED. GIVEN IN OPEN COURT, this 24 th day of September 2012, in Quezon City,Philippines. HON. MARIA FILOMENA D. SINGH Presiding Judgecc:ATTY. RAMIL A. MENDOZA (Counsel for the Plaintiff) ATTY. ELGAR CRUZ (Counsel for Defendant Pelayo)Suite 402 Tempus Place 1 21 Matalino Street, Diliman, TENG and CRUZ LAW OFFICESQuezon City 7F PDCP Bank Center Building, A. Rufino corner Leviste Streets, Salcedo Village, Makati CityATTY. ANGELITO C. CASTILLOCounsel for Simeon Sander Dela Cruz512 Ashton Tower Hampton Towers Condo, RaymundoAvenue, Pasig City/liezl  rtc_branch85_qc@yahoo.com 924-38-13
  10. 10. BRANCH 85rtc_branch85_qc@yahoo.com 924-38-13

×