Republic of the Philippines

MUNICIPAL TRIAL COURT

DUMALINAO, ZAMBOANGA DEL SUR

CIVIL CASE No. 122880

PEDRO AGGRAVIADO,
Plaintiff,

- versus - - for –

DELFIN DEFENSOR, DAMAGES

Defendant.
x----------------------------------------/

NOTICE OF APPEAL

COMES NOW, the plaintiff by counsel unto this Honorable Court most
respectfully state: That-

1. On January 10, 2019 , the Plaintiff thru counsel received a copy of the
Decision of the Honorable Court in the above-entitled case, the dispositive portion of
which as follows:

“WHEREFORE, for lack jurisdiction, this honorable court

dismisses the instant complaint.
SO ORDERED.”

2. The plaintiff hereby appeals the decision to the Regional Trial Court on both
questions of fact and law.

5. Attached are the Official Receipt No. 00100481 in the total amount of P2500,
dated January 20,2019 , evidencing payment of the appeal fee.

WHEREFORE, it is most respectfully prayed of the Honorable Court to give

due course to the foregoing notice of appeal; and that, the entire records of the above-
entitled case be elevated to the Office of the Clerk of Court, Regional Trial Court,
Dumalinao, Zamboanga del Sur.

This 20th day of January, 2019 in Dumalinao, Zamboanga del Sur.

MARISTELLE R. ALIVIO
Counsel for the Plaintiff
IBP No. 587559; 1/1/2019
PTR No. 6165888; 1/1/2019
Roll of Attorney’s No. 11111
MCLE 008970
Tukuran, Zamboanga del Sur
Mobile No. 1234567890

The Clerk of Court

Municipal Trial Court
Dumalinao, Zambonga del Sur

Sir/Madam:

Please submit the foregoing notice of appeal to the Honorable Court for
its consideration and approval without further oral arguments.

Thank you.

Very truly yours,

MARISTELLE R. ALIVIO

Copy furnished by registered mail to:

Atty. Juan Dela Cruz

Counsel for the Defendant
Pagadian City
 Republic of the Philippines
MUNICIPAL TRIAL COURT
DUMALINAO, ZAMBOANGA DEL SUR

CIVIL CASE No. ________________

PEDRO AGGRAVIADO,
Plaintiff,

- versus - - for –

DELFIN DEFENSOR, DAMAGES

Defendant.
x----------------------------------------/

COMMENTS TO THE PLAINTIFF’S APPEAL

COMES NOW, the defendant by counsel unto this Honorable Court most
respectfully state: That-

1. On June 16,2019, this honorable court rendered a Decision in the above-

entitled case, the dispositive portion of which as follows:

“WHEREFORE, for lack jurisdiction, this honorable court

dismisses the instant complaint.
SO ORDERED.”

2. On June 16,2019, the plaintiff received the copy of the Decision of this
honorable court.

3. On January 20,2019 , the plaintiff filed a Notice of Appeal on both questions

of fact and law.

4. The Notice of Appeal of the plaintiff is filed beyond the reglementary

period to make an appeal. Thus, the above-mentioned becomes final and executory.

WHEREFORE, it is most respectfully prayed of the Honorable Court to deny

the Notice of Appeal filed by the Plaintiff.

This 20th day of January, 2019 in Dumalinao, Zamboanga del Sur.

MARISTELLE R. ALIVIO
Counsel for the Defendant
IBP No. 587559; 1/1/2019
PTR No. 6165888; 1/1/2019
Roll of Attorney’s No. 11111
Tukuran, Zamboanga del Sur
Mobile No. 1234567890

The Clerk of Court

Municipal Trial Court
Dumalinao, Zambonga del Sur

Sir/Madam:

Please submit the foregoing comments to the Honorable Court for its
consideration and approval without further oral arguments.

Thank you.

Very truly yours,

MARISTELLE R. ALIVIO

Copy furnished by registered mail to:

Atty. Juan Dela Cruz

Counsel for the Defendant
Pagadian City
 Republic of the Philippines
REGIONAL TRIAL COURT
Branch 20
Pagadian City

CIVIL CASE No. 089765

CELESTE MANGAHAN,
Plaintiff,

- versus - - for –

TUKURAN WATER DISTRICT, Injunction with prayer for issuance

Defendant. of preliminary injunction
x----------------------------------------/

COMPLAINT
COMES NOW, the plaintiff by counsel unto this Honorable Court most
respectfully state: That-

1. The plaintiff is the lawful owner of certain real property in Tukuran,

Zamboanga del Sur.

2. The plaintiff have planted various mango trees in the said real property.

3. The defendant is local water district in Tukuran, Zamboanga del Sur.

4. The defendant is presently laying new main line water pipes and the same
will traverse in the real property of the plaintiff and it intends to uproot ten (10)
mango trees own by the plaintiff.

Prayer for issuance of Preliminary Injunction

Rule 58, Rules of Court

5. The plaintiff is entitled to the relief demanded in restraining the

continuance or commission of the act of the defendant until the main case is finally
decided by this honorable court.

6. The construction of the new main line water pipes by the defendant and
uproot mango tree will work injustice to the plaintiff.
 7. The defendant is doing or attempting to do in violation of the rights of the
plaintiff.

8. The applicant will pay corresponding bond in the amount to be fixed by

the court.

WHEREFORE, it is most respectfully prayed of the Honorable Court to issue

an Order directing the defendant to refrain and prohibit the laying of new water pipe
line in the property of the plaintiff and to issue a writ of preliminary injunction
preventing the defendant in laying the water pipe line and uproot the mango trees
pending the proceeding the main action. Other just and equitable reliefs are likewise
prayed for.

This ___ day of January, 2019 in Pagadian Ctiy, Zamboanga del Sur.

MARISTELLE R. ALIVIO
Counsel for the Plaintiff
IBP No. 587559; 1/1/2019
PTR No. 6165888; 1/1/2019
Roll of Attorney’s No. 11111
Tukuran, Zamboanga del Sur
Mobile No. 1234567890

CERTIFICATION OF NON-FORUM SHOPPING

I, CELESTE MANGAHAN, of legal age, resident of Tukuran, Zamboanga del

Sur, after having been duly sworn to in accordance with law, depose and state:

1. That I have not commenced any action involving the same issues before
any court, tribunal or quasi-judicial agency and to the best of our knowledge, no such
other action is pending therein; and

2. If I should learn thereafter that the same or a similar action has been
filed or is pending, we shall report that fact within five (5) days therefrom to this
Honorable Office.

CELESTE MANGAHAN
Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of January 2019 at

Pagadian City, Philippines.

MARISTELLE R. ALIVIO
Notary Public
IBP No. 587559; 1/1/2019
PTR No. 6165888; 1/1/2019
Roll of Attorney’s No. 11111
Tukuran, Zamboanga del Sur

Doc. No: 1
Page No: 1
Book No: I
Series of 2019
Republic of the Philippines
REGIONAL TRIAL COURT
Branch ____
Pagadian City

Special Proc. No. ________________

MRS. CARLOS KAWATAN,
Petitioner,

- versus - - for –

CHIEF OF POLICE, PAGADIAN CITY Habeas Corpus

POLICE STATION,
Respondent.
x----------------------------------------/

VERIFIED PETITION
(Habeas Corpus)
COMES NOW, the plaintiff by counsel unto this Honorable Court most
respectfully state: That-

1. The petitioner is of legal age and resident of Rizal Avenue, Pagadian City.

2. The respondent is of legal age and the officer in charge of the Pagadian
City PNP Police Station, City hall Complex, Pagadian City.

3. The petitioner is the wife of Carlos Kawatan, in whose behalf this

application is being made, is actually restrained of his liberty by the respondent at
the Pagadian City PNP Police Station.

4. The respondent started restraining Carlos Kawatan when the latter was
apprehended by police officers for an alleged theft in the store of Manuel Negotiante
along Rizal Avenue, Pagadian City.

5. Carlos Kawatan was apprehended by member of police officers of the PNP

Pagadian City Police station on January 15, 2012 at about 4:30 oçlock in the morning.

6. Carlos Kawatan was brought to the police station and until today, no
complaint or information filed against Carlos Kawatan.

7. Such restraint of the liberty of Carlos Kawatan by the respondent is

without any legal authority.
 8. The petitioner exhausted all efforts available at law and that she has no
other plain, speed and adequate remedy to protect his rights except by this
application for Writ of Habeas Corpus.

WHEREFORE, it is most respectfully prayed that a Writ of habeas Corpus be

issued directed to the Chief of Police, PNP Pagadian City Police Station commanding
the latter to have the body of Carlos Kawatan before this court at the time and place
therein specified and to summon the respondent to appear and show cause of the
detention of Carlos Kawatan and that after the hearing Carlos Kawatan be restored
to his liberty and forthwith discharged from confinement. Other just and equitable
reliefs are likewise prayed for.

This _day of January, 2019 in Pagadian Ctiy, Zamboanga del Sur.

MARISTELLE R. ALIVIO
Counsel for the Petitioner
IBP No. 587559; 1/1/2019
PTR No. 6165888; 1/1/2019
Roll of Attorney’s No. 11111
Tukuran, Zamboanga del Sur
Mobile No. 1234567890

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, MRS CARLOS KAWATAN, of legal age, resident of Pagadian City, after

having been duly sworn to in accordance with law, depose and state:

1. That I have caused the preparation and filing of the foregoing petition;

3. That I have read and understood the contents thereof, and the
allegations contained therein are true and correct of my own personal knowledge
and based on records at hand;

4. That I have not commenced any action involving the same issues before
any court, tribunal or quasi-judicial agency and to the best of our knowledge, no such
other action is pending therein; and

5. If I should learn thereafter that the same or a similar action has been
filed or is pending, we shall report that fact within five (5) days therefrom to this
Honorable Office.

MRS CARLOS KAWATAN

Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of January 2019 at

Pagadian City, Philippines.

MARISTELLE R. ALIVIO
Notary Public
IBP No. 587559; 1/1/2019
PTR No. 6165888; 1/1/2019
Roll of Attorney’s No. 11111
Tukuran, Zamboanga del Sur
Doc. No: 1
Page No: 1
Book No: I
Series of 2019

Republic of the Philippines

REGIONAL TRIAL COURT
Branch ____
Pagadian City

Special Civil Action No. ________________

MAXIMO MANGANGABANG,
Plaintiff,
- versus - - for –

EDUARDO TAG-IYA, EDITO TAG-IYA INTERPLEADER

AND EDWIN TAG-IYA,
Defendants.
x-------------------------------------------------x

COMPLAINT
(Interpleader)
COMES NOW, the plaintiff by counsel unto this Honorable Court most
respectfully state: That-

1. The plaintiff and the defendants are all of legal age and resident of
Pagadian City.

2. The plaintiff has entered into a contract of lease for commercial stall of
Eddie Tag-iya for P50,000.00 per month for a period of ten years.

3. That on the second year the owner of the stall, Eddie Tag-iya died and the
heirs of Eddie TA-iya which are the defendants of this above-entitled case each
claiming to the true and exclusive owner of the stall being the heirs of Eddie Tag-iya.

4. The plaintiff who claims no interest whatsoever except on the contract of

lease for the period of 10 years cannot determine the conflicting claims of the
defendants.

WHEREFORE, it is most respectfully prayed of this honorable court:

1. To issue an order summoning the defendants to interplead which

one another so as to determine their respective rights and claims.
 2. To allow the plaintiff to tender consignation of the P50,000.00 per
month to the Clerk of Court of this Honorable court.
3. Other just and equitable reliefs are likewise prayed for.

This ___ day of January, 2019 in Pagadian Ctiy, Zamboanga del Sur.

MARISTELLE R. ALIVIO
Counsel for the Plaintiff
IBP No. 587559; 1/1/2019
PTR No. 6165888; 1/1/2019
Roll of Attorney’s No. 11111
Tukuran, Zamboanga del Sur
Mobile No. 1234567890

CERTIFICATION OF NON-FORUM SHOPPING

I, MAXIMO MANGANGABANG, of legal age, resident of

_______________________, after having been duly sworn to in accordance with law,
depose and state:

1. That I have not commenced any action involving the same issues before
any court, tribunal or quasi-judicial agency and to the best of our knowledge, no such
other action is pending therein; and

2. If I should learn thereafter that the same or a similar action has been
filed or is pending, we shall report that fact within five (5) days therefrom to this
Honorable Office.

MAXIMO MANGANGABANG
Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of January 2019 at

Pagadian City, Philippines.

MARISTELLE R. ALIVIO
Notary Public
IBP No. 587559; 1/1/2019
PTR No. 6165888; 1/1/2019
Roll of Attorney’s No. 11111
Tukuran, Zamboanga del Sur

Doc. No: 1
Page No: 1
Book No: I
Series of 2019