REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 1, Makati City

MIGUEL RAMONKITO
MENDOZA,
Plaintiff,

CIVIL CASE: # 4455

-versus-
For: Breach of Contract

ABIGAIL SOL MENDOZA,

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

MANIFESTATION

COMES NOW, the Plaintiff, through undersigned counsel, most

respectfully states that:
1. Plaintiff Mr. Miguel Ramonkito Mendoza filed a complaint against
his sister, Defendant Abigail Sol Mendoza, for Breach of Contract;
2. He hired the services of Atty. Jezza Ynna Daludado as his counsel
of record;
3. The Defendant herein filed a Motion to Dismiss on the ground that
he did not comply with the condition precedent, to wit: want of barangay
conciliation proceedings and/ or earnest efforts to compromise;

4. Upon reading the ratiocination of Abigail’s lawyer (Atty.

Rosemarie Arnaiz) on their Motion to Dismiss, Miguel immediately asked
Atty. Daludado to withdraw from the case since he already has found her
efforts to win the case futile which the latter acquiesced;

5. The undersigned is entering his appearance as counsel for the

Plaintiff in the case at hand; and

6. This manifestation is not interposed for delay but solely made for
the afore-stated reason.

PRAYER

1
 WHEREFORE, premises considered, it is most respectfully prays of
this Honorable Court that this Manifestation be duly noted.
Other reliefs just and equitable are also prayed for.
Quezon City for Makati City, 12 September 2019.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for Plaintiff
620 Quirino Highway, Bagbag,
Novaliches, Quezon City
MCLE Compliance No. 214578; 4-11-19
Roll of Attorney No. 21894; Manila; 7-12-18
IBP No. 18468; Manila; 7-15-18
PTR No. 78694; Manila; 8-6-18
Copy Furnished:
ATTY. ROSEMARIE ARNAIZ
Counsel for the Defendant
43 Masigla St. Karuhatan,
Valenzuela City

EXPLANATION OF SERVICE
(Pursuant to Section 11, Rule 13 of the
1997 Rules on Civil Procedure )
The foregoing Manifestation is served by registered mail since
personal service is not practicable, because of distance, lack of personnel,
and time constraint in the undersigned’s office.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for Plaintiff
620 Quirino Highway, Bagbag,
Novaliches, Quezon City
MCLE Compliance No. 214578; 4-11-19
Roll of Attorney No. 21894; Manila; 7-12-18
IBP No. 18468; Manila; 7-15-18
PTR No. 78694; Manila; 8-6-18

2
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY) s.s.

AFFIDAVIT OF SERVICE

I, BENIGNO REDOMA, of legal age, with residence at 21 Quirino

Highway, Bagbag, Novaliches, Quezon City, state under oath that:

1. I am employed as a messenger by Atty. John Patrick M. Nazarrea

with office address at 620 Quirino Highway, Bagbag, Novaliches, Quezon
City; and

2. On 13 September 2019, I caused to be served a copy of the

following pleading/paper by registered mail pursuant to Section 10, Rule 13
of the 1997 Rules on Civil Procedure:

MANIFESTATION

in CIVIL CASE No. 4455 entitled “MIGUEL RAMONKITO

MENDOZA versus ABIGAIL SOL MENDOZA” for Breach of Contract
by depositing a copy in the post office in a sealed envelope, plainly
addressed to the office of defendant’s counsel of record, ATTY.
ROSEMARIE ARNAIZ with address at 43 Masigla St. Karuhatan,
Valenzuela City with postage fully paid as evidenced by the return card
under Registry Receipt No. 119989 and with instructions to the postmaster
to return the mail to the sender after ten (10) days if undelivered.

IN WITNESS WHEREOF, I have hereunto set my hand at Quezon

City, 16 September 2019.

BENIGNO REDOMA
Affiant

JURAT

SIGNED AND SWORN before me in Quezon City, this 16

September 2019 after I identified affiant through his Passport 00148600
dated 12 June 2018.

JUAN DELA CRUZ

Notary Public for Quezon City
2 Bldg., Tomas Morato,
Quezon City
Commission Serial 12345
Until November 30, 2019
Roll of Attorney 78945
PTR 45623 1-1-18; Manila

3
 IBP 56123 1-1-18; Manila

Doc 12;
Page 25;
Book II;
Series of 2019.

4
 REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
Manila

FIFTH DIVISION

JUAN MIGUEL
ESTERAS MONTORO,
Petitioner,
C.A.-G.R. SP No. 9876
-versus-

JOANMEL THERESE NATIAL,

Respondent.
x-----------------------------------------x

COMPLIANCE

COMES NOW, the defendant, through undersigned counsel,

respectfully states that:

1. On 9th of August 2019, the Court of Appeals of Manila (Fifth

Division) rendered a Decision in the above-entitled case;

2. On 10th of August 2019, the undersigned received a copy of the

aforesaid Notice issued in connection with the above-titled case; and

3. Under the aforementioned Notice, the Honorable Court is required

the Defendant to inform the former within five (5) days from the date of
receipt of the said Notice and copy of the Decision.

Quezon City, 15 August 2019.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for
Defendant
Rm. 666, 6th floor ABC Bldg.,
Penaranda St. 1004 Ermita, Manila City
MCLE Compliance No. 214578; 4-11-19
Roll of Attorney No. 21894; Manila; 7-12-18

5
 IBP No. 18468; Manila; 7-15-18
PTR No. 78694; Manila; 8-6-18

Copy Furnished:

DOMINIQUE LYNE PAYUMO

Division Clerk of Court
Court of Appeals, Manila

MAGAGALING LAW OFFICES

Counsel for Petitioner
69th Floor, City Land Tower
1234 Marcelo H. del Pilar
Cor. Dr. Quintos St., Malate
1004 Manila

6
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY) s.s.

AFFIDAVIT OF SERVICE

I, MARK JOSEPH P. CALUBAD, of legal age, with residence at 21

King Charles St. Kingspoint Subdivision, Bagbag, Novaliches, Quezon City,
state under oath that:
1. I am employed as a messenger by Atty. John Patrick M. Nazarrea,
counsel for the Respondent in case C.A.-G.R. SP No. 9876 entitled JUAN
MIGUEL ESTERAS MONTORO versus JOANMEL THERESE
NATIAL, with office address at 620 Quirino Highway, Bagbag, Novaliches,
Quezon City; and

2. I served upon the counsel of the adverse party and other parties, the
pleading filed in said case, as follows:

MAGAGALING LAW OFFICES, counsel for the Petitioner, by

personal service by leaving the copy in the said office with its clerk who
acknowledged receipt thereof as shown by his signature or initial in the said
pleading, this 15th day of August 2019.

IN WITNESS WHEREOF, I have hereunto set my hand at Quezon

City, 15 August 2019.

MARK JOSEPH P. CALUBAD

Affiant

JURAT

SIGNED AND SWORN before me in Quezon City, this 15 August

2019 after I identified affiant through his Passport 00148600 dated 15 June
2018.

JUAN DELA CRUZ

Notary Public for Quezon City
2 Bldg., Tomas Morato,
Quezon City
Commission Serial 12345
Until November 30, 2019
Roll of Attorney 78945
PTR 45623 1-1-18; Manila
IBP 56123 1-1-18; Manila

7
Doc 12;
Page 25;
Book II;
Series of 2019.
REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
Manila

JANN DANAE AOALIN

ANINAG DE ASIS,
Petitioner-Appellant,
CA G.R. SP No. 9794
-versus-

LOIS NISNISAN DYBONGCO,

Respondent-Appellee.
x-----------------------------------x

MOTION TO RESOLVE
(Motion for Reconsideration dated 17 March 2015)

COMES NOW, the Respondent-Appellee, through undersigned

counsel, hereby moves to resolve Petitioner-Appellant’s Motion for
Reconsideration, and respectfully avers that:

1. On 17th of March 2015, the herein Petitioner-Appellant filed her

Motion for Reconsideration of the CA Decision dated 12 March 2015
praying for the reinstatement of Original Certificate of Title No. OP-37324
in her favor;

2. However, more than four years from the filing of the said Motion
have elapsed, this Honorable Court has not yet acted upon it, thereby
causing prejudice to the rights of the Respondent-Appellee; and

3. Since Motion for Reconsideration was filed on the above—

mentioned date, it remained unresolved for more than the statutory period of
ninety (90) days in accordance with Section 3 Rule 52 of the 1997 Rules on
Civil Procedure.

PRAYER
WHEREFORE, premises considered, it is respectfully prays the
Honorable Court that the Motion for Reconsideration dated 17 March 2019
should be DISPOSED for the reasons discussed above.

8
 Other reliefs just and equitable are likewise prayed for.

Quezon City for City of Manila, 12 September 2019.

ATTY. JOHN PATRICK M. NAZARREA

Counsel for Respondent-
Appellee
620 Quirino Highway, Bagbag,
Novaliches, Quezon City
MCLE Compliance No. 214578; 4-11-19
Roll of Attorney No. 21894; Manila; 7-12-18
IBP No. 18468; Manila; 7-15-18
PTR No. 78694; Manila; 8-6-18

NOTICE OF HEARING

DIVISION CLERK OF COURT

Court of Appeals
Manila

GREETINGS:
The undersigned shall submit the foregoing motion for the resolution
of this Honorable Court on 13 September 2019, at 2:00 o’clock in the
afternoon.

ATTY. JOHN PATRICK M. NAZARREA

Copy Furnished:
MICHAEL I. MERCADO
Counsel for the Petitioner
AA Towers, Osmena Road
Mandaue City, Cebu

EXPLANATION OF SERVICE
(Pursuant to Section 11, Rule 13 of the
1997 Rules on Civil Procedure )

The foregoing Motion is served by registered mail since personal

service is not practicable, because of distance, lack of personnel, and time
constraint in the undersigned’s office.
9
 ATTY. JOHN PATRICK M. NAZARREA
Counsel for Respondent

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY) s.s.

AFFIDAVIT OF SERVICE

I, GEROME V. CONSORTE, of legal age, with residence at 21

Lenient St., Talipapa, Caloocan City, state under oath that:

1. I am employed as a messenger by ATTY. JOHN PATRICK M.

NAZARREA with office address at 620 Quirino Highway, Bagbag,
Novaliches, Quezon City; and

2. On 13 September 2019, I caused to be served a copy of the

following pleading/paper by registered mail pursuant to Section 10, Rule 13
of the 1997 Rules on Civil Procedure:

MOTION TO RESOLVE
(Motion for Reconsideration dated 17th of March 2019)

in Civil Case entitled “JANN DANAE AOALIN

ANINAG DE ASIS versus LOIS NISNISAN DYBONGCO” by
depositing a copy in the post office in a sealed envelope, plainly addressed
to the office of defendant’s counsel of record, MICHAEL I. MERCADO
with address at AA Towers, Osmena Road Mandaue City, Cebu with
postage fully paid as evidenced by the return card under Registry Receipt
No. 119989 and with instructions to the postmaster to return the mail to the
sender after ten (10) days if undelivered.

IN WITNESS WHEREOF, I have hereunto set my hand at Quezon

City, 16 September 2019.

GEROME V. CONSORTE
Affiant

JURAT

SIGNED AND SWORN before me in Quezon City, this 16

September 2019 after I identified affiant through his Passport 4586200 dated
12 December 2018.

JUAN DELA CRUZ

Notary Public for Quezon City
2 Bldg., Tomas Morato,
Quezon City

10
 Commission Serial 12345
Until November 30, 2019
Roll of Attorney 78945
PTR 45623 1-1-18; Manila
IBP 56123 1-1-18; Manila
Doc 12;
Page 25;
Book II;
Series of 2019.

11