REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

Regional Trial Court

CITY OF MAKATI

BRANCH 1

MIGUEL RAMONKITO MENDOZA,

Plaintiff.
Civil Case No. 4455 For:
Breach of Contract
-versus-

ABIGAIL SOL IDMILAO MENDOZA,

Defendant.

x------------------------------------------x

MANIFESTATION

PLAINTIFF, by counsel respectfully states:

1. Plaintiff Miguel Ramonkito Mendoza and his sister and
DEFENDANT Abigail Sol Idmilao Mendoza executed a notarized

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 contract of sale wherein Abigail was supposed to sell to Miguel
her collection of Hello Kitty and Keroppi Japanese collector’s
items amounting to approximately PhP 250,000.00;
2. Upon execution of the contract, Miguel gave Abigail a down
payment in the amount of PhP 100,000.00;
3. However, 2 days before the agreed delivery time, Abigail had a
sudden change of heart and decided to tell Miguel that she is
not interested in selling the items in the contract;
4. Miguel resented Abigail’s decision since the former executed
another contract to sell the subject items in favor of Monico
Aggabao, Jr;
5. Miguel filed a Civil Case No. 4455 for Breach of Contract
against Abigail docketed as “Miguel Ramonkito Mendoza V.
Abigail Sol Mendoza (Civil Case No. 4455 For: Breach of
Contract)”;
6. Miguel hired the services of Atty. Jezza Ynna Daludado as his
previous counsel;
7. However due to Atty. Daludado’s failure to reply remind
Miguel of the importance of presenting the Barangay
Certificate, Abigail through her counsel successfully filed a
Motion to Dismiss for failure to comply a condition precedent,
i.e., barangay conciliation proceedings and/or earnest efforts
to comprise;
8. Due to the foregoing circumstances Miguel immediately asked
Atty. Daludado to withdraw as his counsel;
9. On October 25, 2019 Atty. Miguel R. Mendoza as new counsel
for Miguel Submitted his attached Entry of Appearance as seen
in Annex A;
10.It was discovered that Petitioner Miguel suffered from a short-
term amnesia brought about by stress as proven by the
attached medical certificate in Annex B;
11. Unknown during the pendency of the case newly discovered
evidence by the new Counsel of the Petitioner showing earnest
efforts to reach a compromise were actually reached as

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 presented by the attached Barangay Certificate from the
Lupon in Annex C;
12.A Motion of New Trial based on newly discovered evidence will
be filed by the petitioner.

PRAYER
ACCORDINGLY, the Plaintiff prays for the following:
a) An extension of 15 days or until November 15, 2019 in order
for Plaintiff’s new counsel to study and prepare for the case at
hand;
b) The Motion to Dismiss filed by the Defendant be dismissed on
the ground of Newly Discovered Evidence;
c) Defendant pays for the cost of suit.
Other equitable reliefs are likewise prayed for.
Quezon City, October 30, 2019.

MENDOZA LAW OFFICE

Counsel for Plaintiff
Unit 2904-C, West Tower, PSL Centre,
Exchange Road, QC Center,
Quezon City, 1605
Tel. nos. 433.6113 / 635.9307
Email: mzm@gmail.com

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 By:
SGD. Miguel R. Mendoza
Counsel for Plaintiff
New Capitol Estates, Quezon City
Roll of Attorney 54678
IBP No. 1024174/01.11.19/ Manila City

PTR No. 1386593 /01.06.19 / Manila City

MCLE Compliance No. IV-0017340

Date of Compliance: 17 April 2019

Notice and Copy Furnished:

SGD. Richard Yap

Counsel for Defendant

GY Towers, QC.

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 EXPLANATION
(Pursuant to Sec. 11, Rule 13, Rules of Court)
Due to time constraints, distance, and lack of personnel to effect
personal service, copies of the foregoing Manifestation are served by way
of registered mail.
SGD. ALFRED L. BENTAN.

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 REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
Court of Appeals of Manila (Fifth Division)
MAKATI CITY

JUAN MIGUEL ESTERAS MONTORO,

Petitioner.

- versus - C.A.- G.R. SP No. 9876

JOAN MEL THERESE NATIAL,
Respondent.
x-------------------------------------------x

COMPLIANCE

RESPONDENT, by counsel, and by way of compliance to this

Honorable Court's directive, has received a COPY OF THE DECISION issued
on August 9, 2019 from the Honorable Court of Appeals of Manila (Fifth
Division) MAKATI CITY on August 10, 2019 to prove that respondent was
served with a copy of the decision. Also the COPY OF THE DECISION issued
on August 9, 2019 was personally received by counsel of the Respondent
also on August 10, 2019.

Respectfully submitted.

Makati City, Philippines. August 10, 2019.

Atty. Miguel Ramonkito S. Mendoza (SGD.)

Counsel for Respondent
Rm. 636, 6th floor ABC Bldg., Penaranda St.
1004 Ermita, Manila City

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 Roll of Attorney 54678
IBP No. 1024174/01.11.19/ Manila City
PTR No. 1386593 /01.06.19 / Manila City
MCLE Compliance No. IV-0017340
Date of Compliance: 17 April 2019

Copy furnished:

MAGAGALING LAW OFFICES

Counsel for Petitioner

69th Floor, City Land Tower 1234 Marcelo H. del Pilar

Cor. Dr. Quintos St., Malate

1004 Manila

Atty. Miguel Ramonkito S. Mendoza (SGD.)

Counsel for Respondent

Rm. 636, 6th floor ABC Bldg., Penaranda St.

1004 Ermita, Manila City

Regional Trial Court of Manila

(Civil Case No. 5432)

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 REPUBLIC OF THE PHILIPPINES

Court of Appeals

CEBU CITY

JANN DANAE AOALIN ANINAG DE ASIS,

Petitioner.

- versus - C.A.- Land Registration

Case
LOIS NISNISAN DYBONGCO,
Respondent.
x-------------------------------------------x

OPPOSITION TO THE MOTION FOR RECONSIDERATION

RESPONDENT, by counsel respectfully states:

1. PETITIONER JANN DANAE AOALIN ANINAG DE ASIS is the

daughter of Audrin Agapito Gayamos de Asis, the registered
owner of a parcel of land located in Barrio Magay, Municipality
of Compostela, Province of Cebu. The latter derived his alleged
title over the property from a Free Patent covered by Original
Certificate of Title (OCT) No. OP-37324;
2. On March 15, 1999, LOIS NISNISAN DYBONGCO
(RESPONDENT) instituted an action for reconveyance and
damages against Jann Danae alleging that, for twelve and a
half years, she has been the lawful owner and possessor of the
subject lot. She alleged that she purchased the same from a

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 certain Mariel Joyce Portillo on August 4, 1986 for a sum of
₱200,000.00. According to her, since her acquisition, she has
been religiously paying real property taxes thereon as
evidenced by Tax Declaration No. 16408A, which was issued
under her name;
3. According to the respondent, the issuance of the Free Patent
in favor of the petitioner's father was "due to gross error or
any other cause." In support thereof, the respondent alleged
that "there is no tax declaration in the name of patentee
Audrin Agapito Gayamos de Asis" and that this "goes to show
that Eddie Foronda is not the owner of lot 1280 and neither
has payment of real estate taxes been made by him when he
was still alive or by his heirs." ;
4. On November 24, 2006, the Regional Trial Court (RTC) of
Mandaue City rendered a Decision in favor of the respondent.
The Register of Deeds of Cebu was ordered to cancel OCT No.
OP-37324;
5. Petitioner herein elevated the case to the Court of Appeals
(CA), which in turn has rendered on March 12, 2015 a Decision
affirming the RTC decision in toto;
6. Petitioner filed her Motion for Reconsideration of the
abovequoted CA Decision on the 17th of March, 2015;
7. Respondent has filed an OPPOSITION to the Petitioner‘s
Motion for Reconsideration on the ground of Rules of Court,
Rule 37, Section 3. Action upon motion for new trial or
reconsideration. — The trial court may set aside the judgment
or final order and grant a new trial, upon such terms as may
be just, or may deny the motion. If the court finds that
excessive damages have been awarded or that the judgment or
final order is contrary to the evidence or law, it may amend
such judgment or final order accordingly. (3a);

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 8. Petitioner has failed to present factual and legal basis to refute
the claims of the Respondent.

PRAYER

ACCORDINGLY, the Respondent prays for the Motion of

Reconsideration of the Petitioner be DENIED, as it has no legal and factual
basis.

The Respondents also pray for other reliefs and remedies as may
be just and equitable under the premises.

November 8, 2019. Mandaue City, Cebu.

MENDOZA LAW OFFICE

Counsel for Respondent

Unit 2904-C, West Tower, PSL Centre,

Exchange Road, QC Center,

Quezon City, 1605

Tel. nos. 433.6113 / 635.9307

Email: mzm@gmail.com

By:

SGD. Atty. Miguel Ramonkito S. Mendoza

Counsel for Respondent

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 New Capitol Estates, Quezon City

Roll of Attorney 54678

IBP No. 1024174/01.11.19/ Manila City

PTR No. 1386593 /01.06.19 / Manila City

MCLE Compliance No. IV-0017340

Date of Compliance: 17 April 2019

Notice and Copy furnished:

SGD. Atty. PEDRO PENDUKO

Counsel for the Petitioner

Suite 210 Makati Executive Center Herrera St.,

Salcedo Village, Makati City

The undersigned shall submit the foregoing motion for the Court’s
resolution on November 11, 2019, Friday, at 2:00 o’clock in the afternoon.

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