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Republic of the Philippines

REGIONAL TRIAL COURT
8
th
Judicial Region
Branch 21
Laoang, Northern Samar


HEIRS OF CRESENCIANA SURIO,ET.AL.
Plaintiffs, CIVIL CASE NO. 1473
-versus- For:

CONSTANCIO AND FIDELA RECOVERY OF POSSESSION
REYES, AND OWNERSHIP
Defendants.
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MANIFESTATION WITH MOTION TO EXPUNGE
MOTION FOR EXECUTION PENDING APPEAL and MEMORANDUM
RE EXECUTION PENDING APPEAL

Defendants, by the undersigned Public Attorney and to this Honorable
Court, most respectfully state, to wit:

That Plaintiffs filed in this Honorable Court a Memorandum re
Execution Pending Appeal citing delay as good reason among others to grant
the execution pending appeal;

That the defendants reiterate their opposition to the motion and
memorandum for execution pending appeal and further state, to wit:

The Regional Trial Court has already decided the case and whether
the proceedings on appeal will be delayed is not in the hands of Paramount.
The Court of Appeals has control of the time elements in appealed cases.
(Florendo Vs. Paramount Insurance Corporation, G.R.No.167976, January,
2010)

That the defendants disagree with the opinion of the plaintiffs that the
judgment in this case had become illusory because the present Plaintiffs in
this case are alive and well and besides the ownership of the land in
controversy is transmissible and may be enjoyed by the plaintiffs in case the
higher court decides in their favour; Furthermore, the land in question will
not disappear. Moreover, its value is just appreciating;

That the defendants move to expunge from the records the motion for
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execution pending appeal and the memorandum re execution pending appeal
filed by the Plaintiffs for not conforming to A.M. No 11-9-4-SC otherwise
known as the Efficient Use of Paper Rule issued by the Supreme Court
which took effect on January 1, 2013 after publication in two newspaper of
general circulation;

The Efficient Use of Paper Rule states Sec.3 Format and Style.- a)
All pleadings, motions and similar papers intended for the court and quasi-
judicial bodys consideration and action (court bound papers) shall be
written in single space with one and a half space between paragraphs, using
an easily readable font style of the partys choice, of 14 size font, and on a
13-inch by 8.5 inch white bond paper; Sec4 Margin and Prints.- The
parties shall maintain the following margins on all court-bound papers: a left
hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches
from the edge; a right hand margin of 1.0 from the edge; and a lower margin
of 1.0 inch from the edge. Every page must be consecutively numbered.

Apparently, the plaintiffs broke this mandatory rule by the
Supreme Court when it failed use the proper font and margins in their
motion for execution pending appeal and memorandum re execution pending
appeal.

WHEREFORE, in view of the foregoing, it is most respectfully
prayed of the Honorable Court not to issue an order of execution pending
appeal and to expunge from the record the Plaintiffs motion for execution
pending appeal and memorandum re execution pending appeal for breaking
the Efficient Use of Paper Rule laid down by the Supreme Court.

Laoang, Northern Samar, June 21, 2013.

For the Public Attorneys Office


ATTY. AGNES B. ALBESA
Counsel for Defendants
Public Attorney III
PAO, Laoang District
Roll No. 45390
IBP No. 858532
MCLE Compliance No.III 0020652
Issued on June 3, 2011
MCLE Compliance No. IV-completed
Certificate yet to be issued.

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NOTICE OF HEARING


Atty. Rino E. Sabarre
Branch Clerk of Court
Regional Trial Court
Laoang, Northern Samar


Atty. Venerando B. Desales
Counsel for the Plaintiffs
Barangay SMH
Laoang, Northern Samar


Please submit/take notice that the foregoing manifestation and motion
shall be submitted by the undersigned for the consideration of the Honorable
Court on July 5, 2013 at 8:30 in the morning without further arguments.



ATTY. AGNES B. ALBESA
Counsel for the Defendants


PROOF OF SERVICE

I hereby certify that on June ___2013, I served a copy of this
manifestation and motion to Atty. Venerando B. Desales, counsel for the
plaintiffs at his address at Barangay San Miguel Heights, Laoang, Northern
Samar through personal service as evidenced by his/ his agents signature
hereof/ through registered mail with return card no._____ posted at the Post
Office at Laoang, Northern Samar, personal service being impractical due to
his unavailability.



ATTY. AGNES B. ALBESA
Counsel for the Defendants