Orders. sept. 24, 2012

BRANCH 85

TOPPAN PAPER PRODUCTS CO., INC.,
Plaintiff,

- versus- CIVIL CASE NO. Q-09-65216
For: Damages

METROPOLITAN BANK and TRUST
COMPANY,
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 in
court. Atty. Quial continued his direct examination of the witness – Josephine Uy.

Considering that the original certified copies of the microfilm of the checks
were not brought to court, the continuation of the direct examination of the said
witness 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 Judge

cc:

ATTY. SANTIAGO C. QUIAL (Counsel for the Plaintiff)
QUIAL GINEZ BELTRAN & YU LAW OFFICES
10L Burgundy Corporate Tower
252 Sen. Gil Puyat Avenue, 1200 Makati City

ATTY. ALLAN NARCISO P. MACASAET (Counsel for the Defendant)
16/F, Unit 1602 The Centerpoint Building, Doña Julia Vargas Avenue
corner Garnet Road, Ortigas Center, Pasig City

/liezl 

rtc_branch85_qc@yahoo.com
924-38-13

BRANCH 85

SPS. FRANCISCO and PORTIA
MABALING, ET AL.,
Plaintiffs,

- versus - CIVIL CASE NO. Q-06-59073
For: Abatement of Nuisance,
Damages

ARTURO TUMAMBING,
Defendant.
x===================x

ORDER

At today’s continuation of trial, UP Law Intern Paula Editha Pulido with the
assistance of the supervising counsel of the UP-OLA, Atty. Roberto N. Dio, and
counsel for the defendant, Atty. Gloria E.P. Morte, were in court. Atty. Morte
presented her witness – Arturo Tumambing, the defendant.

Considering that there are still other cases to be heard, the continuation of
the direct examination of the defendant is set on November 12, 2012 and
continuation of trial is set on December 3, 2012, both at 9:00 a.m..


SO ORDERED.
Philippines.

Presiding Judge

cc:

U.P. COLLEGE OF LAW, OFFICE OF THE LEGAL AID
Attn.: ATTY. ROBERTO N. DIO
Ground Floor, Malcolm Hall, University of the Philippines, Diliman, Quezon City

ATTY. GLORIA E.P. MORTE (Counsel for the Defendant)
G-10 Asian Mansion Condominium 1, 109 Dela Rosa Street, Legaspi Village, Makati City

ATTY. JOSE LEYNES (Counsel for the Defendant)
703-A Vicente Madrigal Bldg., 6793 Ayala Avenue, Makati City

/liezl 

924-38-13

BRANCH 85

MARJORIE B. CADIMAS, represented
by her Attorney-in-Fact Venancio Z.
Rosales,
Plaintiff,

For: Accion Reivindicatoria and
Damages

MARITES CARRION, GEMMA HUGO
and all persons claiming rights under
her
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 in
court. Atty. Real conducted his cross-examination of the witness – Venancio
Rosales.

The completion of the cross-examination of the said witness is set on
November 19, 2012 at 8:30 a.m..


SO ORDERED.
Philippines.

Presiding Judge

cc:

ATTY. TRISTAM B. ZOLETA (Counsel for the Plaintiff)
Unit 1804 18th Floor, Manila Astral Tower
1330 Taft Avenue corner Padre Faura Street, Ermita, Manila

ATTY. SHERWIN G. REAL (Counsel for the Defendants)
REAL BRORALO & REAL LAW OFFICES
4th Floor, Cityland 10 Tower 1, Ayala Avenue North, Makati City

/liezl 

924-38-13

BRANCH 85

SEGUNDA A. HARTENDORP,
represented by her Attorney-in-Fact,
Josefine Bernales,,
Plaintiff,

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 AND
CONSTRUCTION COPR., AYALA LIFE
ASSURANCE INC., REGISTRY OF
DEEDS OF QUEZON CITY, AND EX-
OFFICIO SHERIIFF OF QUEZON
CITY, SHERIFF EDGARDO C.
TANANGCO, in his official capacity
as Sheriff-in-Charge,
Defendants.
x==================x

ORDER

At today’s scheduled reception of intervenor’s evidence, only the intervenor
Atty. Isidro C. Zarraga was in court.

Atty. Zarraga manifested to the Court today that he is merely adopting all
the pleadings and other submissions to the Court previous to this date as his
evidence 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 Isidro
C. Zarraga” is now submitted for resolution.

SO ORDERED.
Philippines.

Presiding Judge

cc:
ATTY. REDEMBERTO VILLANUEVA (Counsel for the Plaintiffs)
Penthouse C.C. Castro International Building, No. 38 Timog Avenue, Quezon City

ATTY. MICHAEL ANGELO S. LOPEZ (Counsel for the Defendants)
FELIPE ATIENZA DE LUMEN COLOMA & ASSOCIATES
11th
Floor, BPI Building, Ayala Avenue corner Paseo de Roxas, Makati City

924-38-13

BRANCH 85
ATTY. ROMEO J. DUREZA (Counsel for Intervenor)
11 Oakville Street, White Plaints Subdivision, Quezon City
/liezl 

REPUBLIC OF THE PHILIPPINES,
represented by the DEPARTMENT OF
PUBLIC WORKS and HIGHWAYS
(DPWH)
Plaintiff,

For: Expropriation

SPS. 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 for
the intervenor, Atty. Ciriaco Atienza, were in Court, as well as the defendant Sio
Bon Kim. Atty. Atienza presented his witness – Alice C. Taladro and her testimony
was 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 his
last witness not later than five (5) days before the next scheduled hearing date. He
should also ensure receipt by the adverse parties of the said Judicial Affidavit and
all documents to be identified therein.


SO ORDERED.
Philippines.

Presiding Judge
cc:

OFFICE OF THE SOLICITOR GENERAL (Counsel for the Plaintiff)
Attn.: SOLICITOR GENERAL JOJO CRUZAT
134 Amorsolo Street, Legazpi Village, Makati City

ATTY. ROGELIO ADEVA MENDOZA (Counsel for Defendants Sps. Sio Bon Kim and Betsy K. Sio)
CHING MENDOZA QUILAS FLORENDO BIOLENA CHING and PARTNERS LAW FIRM
Suite 2503-2504 Atlanta Center, No. 31 Annapolis Street, Greenhills, San Juan City

ATTY. CIRIACO S. CALALANG (Counsel for Defendant Ramon Timbang)
España Tower, Unit 1401, España Boulevard, Sampaloc, Manila

ATTY. CIRIACO A. ATIENZA (Counsel for the Intervenor)
ATIENZA MADRID & FORMENTO
Suite 305 Delta Building, West Avenue, Quezon City

/liezl 

924-38-13

BRANCH 85

SPS. FLORANTE and LUZVIMINDA
JONSAY and LITO PEREZ,
Plaintiffs,

For: Damages

MONINA T. RUALO, substituting for
deceased EUTIQUIA TUGONON,
Defendant.
x===================x

O R D E R

At today’s scheduled continuation of trial, only the counsel for the
defendant, Atty. Leo S. Romero was in court.

Atty. Manuel J. Laserna, Jr. is directed to submit a certificate of attendance
to evidence his attendance at the other hearing supposedly in conflict with today’s
hearing, within five (5) days from receipt hereof. As there is no objection on the part
of 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 to
November 12, 2012 at 8:30 a.m..

Notify Atty. Laserna.

SO ORDERED.
Philippines.

Presiding Judge

cc:

ATTY. MANUEL J. LASERNA (Counsel for the Plaintiffs)
LASERNA CUEVA-MERCADER LAW OFFICES
Unit 15, Star Arcade, C.V. Starr Avenue, Philamlife Village, Las Piñas City

924-38-13

BRANCH 85
/liezl 

PCI LEASING and FINANCE, INC.
Plaintiff,

For: Sum of Money

A.S. TOPACIO CONSTRUCTION INC.
AND SPOUSES AUGUSTO S. TOPACIO
AND ANTOINETTA B. TOPACIO,
Defendants.
x=====================x

ORDER

At today’s scheduled reception of evidence to validate or to confirm the
genuineness of Exhibit “G”, Exhibit “H”, Exhibit “Q”, Exhibit “R”, Exhibit “S” and
Exhibit “T”, for the plaintiff, counsel for the plaintiff, Atty. Ma. Elena Cajucom and
counsel for the defendants, Atty. Felix Glenn C. Mendoza, were in Court.

The parties agreed that they will just enter into stipulations. Atty. Mendoza
manifested that he is stipulating that Exhibit “G”, Exhibit “H”, Exhibit “Q” and
Exhibit “R” are faithful reproductions of the originals. The ruling of the Court
under the Resolution dated April 13, 2012 is reconsidered. The Court now admits
Exhibit “G”, Exhibit “H”, Exhibit “Q” and Exhibit “R”.

In regard to Exhibit “S”, Exhibit “T” and Exhibit “U”, Atty. Cajucom
manifested that they could no longer find the originals of the official receipts, which
were denied admission for being mere photocopies. However, in lieu thereof, she
submitted a Certification dated June 14, 2012, regarding the payment of filing fees.

The Court notes that even in the absence of the said Certification, the
payment of the fees could be taken judicial notice of by the Court, as these are
made to the Court and they are actually stamped on the first page of the
Complaint.

The Resolution is hereby amended accordingly. The plaintiff’s case is now
rested.

The presentation of defendants’ evidence is set on November 26, 2012 at
8:30 a.m..


SO ORDERED.
Philippines.

Presiding Judge

cc:
ATTY. POMPEYO P. MAYNIGO (Counsel for the Plaintiff)
PEREZ, CALIMA, SURATOS, MAYNIGO & ROQUE LAW OFFICES
Rms. 2114 and 2115 Cityland Herrera Tower, 98 V.A. Rufino (formerly Herrera)

924-38-13

BRANCH 85
corner Valero Sts., Ayala North, Makati City

ATTY. FELIX GLENN C. MENDOZA (Counsel for Defendants)
MELGAR TRIA TRIA & LAURENTE LAW OFFICES
Suite 409, CSP Building, 815 Quezon Avenue, Quezon City

/liezl 

TEMPS and STAFFERS, INC., rep.
herein by its Chief Operating Officer,
VIVIAN ANASTACIO-GUERRERO,
Plaintiff,

For: Sum of Money plus Damages with
Application Ex-Parte for a Writ of
Preliminary Attachment/Garnishment

KONTAK ONE SOLUTIONS, INC.,
SIMEON SANDER DELA CRUZ, JESS
PELAYO,
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 counsel
for defendant Pelayo, Atty. Elgar Cruz, were in Court.

The parties after some discussions agreed to have a pre-trial first because
after the JDR this case was immediately scheduled for initial trial.

Atty. Cruz submitted the original of the Special Power of Attorney executed
by 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 Anastacio

For the Defendant Pelayo:

1. Jess Pelayo or Myrna Dacara

For the Defendant Dela Cruz:

1. Simeon Sander Dela Cruz
924-38-13

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 Clerk
of Court on October 17, 2012 at 2:00 p.m. and the Minutes of the Preliminary
Conference 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 at
8:30 a.m.

Parties are required to submit and serve on each other the respective
judicial affidavits of their witnesses five (5) days before the scheduled date of
hearing, together with the documents to be identified by the said witnesses.


SO ORDERED.
Philippines.

Presiding Judge

cc:

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 OFFICES
Quezon City 7F PDCP Bank Center Building, A. Rufino corner
Leviste Streets, Salcedo Village, Makati City

ATTY. ANGELITO C. CASTILLO
Counsel for Simeon Sander Dela Cruz
512 Ashton Tower Hampton Towers Condo, Raymundo
Avenue, Pasig City

/liezl 

924-38-13

BRANCH 85

924-38-13

Orders. sept. 24, 2012

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