Beruflich Dokumente
Kultur Dokumente
MOTION TO DISMISS
dismiss the complaint in the above-entitled case on the ground that the
I. Statement of Facts
the subject property and acquired the same in good faith and for value
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from Perseverando Nuez on 21 September 2007. A copy of a duly
respectively.
lawful owner of the subject lot with the Municipal Assessors Office
of Libon, Albay, which recorded the same and issued a new Tax
required taxes and fees for the purchase of the subject lot in question.
Libon, Albay issued the new Tax Declaration of Real Property for the
253-square meter lot in the name of the Defendant, the same has
validity under the law and has a strong probative value as it was
from their father, Luis Nuez, the same was merely an addendum of
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the Plaintiffs and thus hearsay considering that they failed to allege
what mode and under what written instruments said conveyances were
made.
Segarras 105 square meter lot and Florecita Nuezs 210 square
the required capital gains tax and of the subsequent recording of said
sale with the Municipal Assessors Office of Libon, Albay was ever
Ermar B. Ceguerra
Nuez, reveals that the same was not signed by Rosa Regondola-
nature of the subject property. Neither of the spouses can impede nor
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It is likewise worth noting that there appears to be an obvious
of Absolute Sale dated 21 April 2006, which might explain that fraud
took part in the alleged sale and the reason why no signature of Rosa
sale.
logical form a plain, concise and direct statement of the ultimate facts,
to allege any ultimate fact that would indicate that Luis Nuez,
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owner of the 6,673-square meter parcel of land from which the
III. PRAYER
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as Attorneys Fees, appearance fee of P 3,000 for each court hearing (c)
complaint.
Other reliefs just and equitable under the premises are also
prayed for.
JASMINE M. MONTERO
Counsel for Defendant
Tierra Pura St., Libon, Albay
Roll of Attorneys No. 42647
PTR No. 3455917/1-3-10/Albay
IBP Lifetime No. 04313/01-13/03
MCLE Compliance No. I-0008992
residing at San Miguel Street, Libon, Albay, after having been sworn
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2) I have read and understood the allegations therein and the same are
authentic records;
4) I have not commenced any action or filed any claim involving the
therein;
thereof; and
6) If I should thereafter learn that the same or similar action or claim has
been filed or is pending, I shall report that fact within five (5) days
been filed.
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ERMAR B. CEGUERRA
Defendant
CTC No. 4793763A issued on June 11, 2010 at Ligao City, Albay
Province
MARITA MAURICIO
Notary Public
My Commission expires Dec. 31, 2010
Roll of Attorney No. 39876
IBP LIFETIME MEMBER
PTR No. 7879876, (3-17-10) , (Albay)
Greetings:
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Please submit the foregoing MOTION TO DISMISS for the
consideration and approval of this Honorable Court on 10 September
2010, Friday, at 8:30 in the morning.
LUISA M. SALES
NOTICE OF HEARING
ATENOGENES R. NUEZ
Gabon, Polangui, Albay
JULIETA R. NUEZ
Betts St. Extension,
Libon, Albay
Greetings:
LUISA M. SALES
ATENOGENES R. NUEZ
Gabon, Polangui, Albay
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JULIETA R. NUEZ
Betts St. Extension,
Libon, Albay
EXPLANATION
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