PETITION FOR HOSPITALIZATION OF INSANE PERSON

Republic of the Philippines)

City of Dipolog ) S.S.

In the Matter of the

Hospitalization of A.B.C.,

An Insane Person.

S.P. No. 1434424

X.Y.Z., as the Director of the

Bureau of Health,

Petitioner.

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

PETITION

X.Y.Z., through the provincial fiscal, states:

1. That he is the Director of the Bureau of Health of the

Philippines;
2. That A.B.C., who is a resident of Brgy. Mias, Katipunan in the
Province of Zamboanga del Norte, is an insane person, who, during his
attacks of insanity which occur frequently and persistently, becomes violent
and dangerous, runs wild in the streets, chases and throws stones at, and
otherwise tries to hurt the people he sees;
3. That his family, in whose care he is under as of the time of the
filing of this petition, and all other relatives, are all afraid of him and are
unable to keep him the house under control, and cannot, because of his
atrocious behavior, take proper custody and care of him;

1
 4. That for the purpose of sending notification of the hearing of
this petition, the names and addresses of the relatives of said insane person
are the following, to wit:
5. That it will serve the public welfare, as well as the welfare of
the aforementioned insane person, to commit him to the National
Psychopathic Hospital.

WHEREFORE, petitioner prays that, after due notice and hearing, an

order be issued committing A.B.C. insane person, to the National
Psychopathic Hospital for treatment and hospitalization.

City of Dipolog

Zamboanga del Norte

October 2, 2020

X.Y.Z.

Director of the Bureau of Health

2
 EASEMENT OF RIGHT OF WAY

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT OF EASEMENT OF RIGHT OF WAY, entered

into this 16th day of September 2020 by and between “A” owner of the
dominant estate, of legal age, single and a resident of Brgy. Rizal,
Katipunan, Zamboanga del Norte and “B” owner of the servient estate, also
of legal age, single, and a resident of Brgy. Uno, Katipunan, Zamboanga del
Norte.

WITNESSETH:

That “A” is the owner of a parcel of agricultural land located in the

municipality of Katipunan, province of Zamboanga del Norte, and more
particularly described as follows, to wit:

“An agricultural parcel of land having an area of FORTY EIGHT

THOUSAND TWO-HUNDRED AND FIFTY SQUARE METERS (48,250
SQ. M.) bounded on the SE- along line 10-1 by lot 341; along line 1-2 by lot
342; on the SW along line 2-3 by lot 344; on the NW along line 3-5 by lot
346; on the NE along line 5-6 and on NW- along line 67 by lot 301; on the
NE- along line 98,; and on the NW- along line 8-9 by lot 299; on the NE-
along line 9-10 by lot 300,”

which property is covered by T.C.T. No. 01-65499 containing of the

Register of Deeds of Zamboanga del Norte which lot is adjacent to “A’s”
property, and more particularly described as follows, to wit:

“An agricultural parcel of land having an area of THIRTY TWO

THOUSAND SIX-HUNDRED AND SEVENTY SQUARE METERS
(32,670 SQ. M.) bounded on the SE- along line 10-2 by lot 441; along line
2-2 by lot 357; on the SW along line 2-4 by lot 398; on the NW along line
3-6 by lot 766; on the NE along line 7-6 and on NW- along line 67 by lot

3
377; on the NE- along line 108,; and on the NW- along line 8-11 by lot 909;
on the NE- along line 9-10 by lot 300,”

which property is covered by T.C.T. No. 02-14344 of the Register of

Deeds of the province of Zamboanga del Norte.

That “A” in order to have an access to and from, and to cultivate the
above-mentioned land, and so as to have an outlet to the national highway,
which is the nearest public road and least burdensome to the servient estate
and to third persons, it would be necessary for him to pass through “B’s”
property, and for this purpose, a path or passageway of not less than two (2)
meters wide through the whole length of the western side of “B’s” property
is necessary for the use of “A” and for all his needs in cultivating his estate;

That said path or passageway is particularly described in the attached

plan, “Annex A’,

WHEREFORE, for and in consideration of the sum of ONE

HUNDRED AND FIFTY THOUSAND PESOS (P150,000.00) the receipt
whereof is hereby acknowledged by “B”, the latter agrees and permits “A”
to have a permanent easement of right of way over the above-mentioned
property of said “B” limited to not more than two (2) meters wide
throughout the whole length of the western side of said property and as
specifically indicated in the attached plan which is made an integral part of
this contract, as “Annex A”.

It is further agreed that “B” shall deliver unto “A” all the necessary
papers, deed, and titles in relation to the servient estate in order to facilitate
the registration of the above-mentioned right of way, in accordance with.

This agreement shall be binding between the parties and upon all
their heirs, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have signed this

agreement the day and the year first above written, in the municipality of
Katipunan, Zamboanga del Norte, Philippines.

4
 A B

DOMINANT ESTATE OWNER SERVIENT ESTATE OWNER

Signed in the presence of:

LUNA LOVEGOOD NEVILLE LONGBOTTOM

Witness 1 Witness 2

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

MUNICIPALITY OF KATIPUNAN) SS.
X- - - - - - - - - - - - - - - - - - - - - - - - - X

BEFORE ME, a Notary Public, for and in Municipality of Katipunan,

this 2nd day of October 2020 personally appeared:

Name Identification Card Issued On

“A” TIN: 001-542-987 Jan. 7, 2020

“B” JO1-9921-987 Mar. 1, 2019
Luna Lovegood TIN: 987-001-456 May. 5, 2018
Neville Longbottom TIN: 123-456-789 Oct. 5, 2019

all known to me to be the same persons who executed the foregoing

instrument and hereby acknowledged to me that the same is their free and
voluntary act and deed.

5
 This instrument consisting of four (4) pages, including this page on
which this acknowledgment is written refers to an EASEMENT OF RIGHT
OF WAY and has been signed by the parties and their witnesses and sealed
with my notarial seal.

Doc. No. 02;

Page No. 03-06;
Book No. 01;
Series of 2020.

6
 CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Chattel Mortgage, made by and between:

ROSA M. ILAG, of legal age, married, and a resident of Minaog,

Dipolog City, Philippines (hereinafter known as the MORTGAGOR);

- and -

CONSUELO D. BOBO, of legal age, single, and a resident of

Miputak, Dipolog City, Philippines (hereinafter known as the
MORTGAGEE);

WITNESSETH; That:

The MORTGAGOR is indebted unto the MORTGAGEE in the sum

of FORTY-FIVE THOUSAND PESOS (P45,000.00), in Philippine
Currency, receipt of which is acknowledged by the MORTGAGOR upon the
signing of this instrument, payable to the order of the MORGAGEE without
need of prior demand or notice within a period of NINE MONTHS, at
FIVE THOUSAND PESOS (P5,000.00) starting on NOVEMBER 03,
2020 and on every MONTH thereafter until fully paid, INTEREST FREE.

NOW, THEREFORE, for and consideration of the aforementioned

indebtedness, and to assure the performance of said obligation to pay, the
MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto
the MORTGAGEE, her heirs, successors and assigns, the following personal
property now in the possession of said MORTGAGOR:

MODEL/MAKE : YAMAHA SOUL I 125 BB42

COLOR : VIOLET

MOTOR NO. : E3R4E-0000956

SERIAL/CHASSIS NO. : PAOSEA11g8906785

PLATE NO. : KYG1234

7
 That it is the condition of this Mortgage that should the
MORTGAGOR perform the obligation to pay the afore-cited indebtedness
of FORTY-FIVE THOUSAND PESOS (P45,000.00) within the agreed
term, this Chattel Mortgage shall be discharged and shall at once become
null and void and of no effect whatsoever, otherwise, it shall subsist and
remain in full force and effect and be subject to foreclosure in the manner
and form prescribed by law.

IN WITNESS WHEREOF, we have hereunto set their hands, this 2nd

day of October 2020 at the City of Dipolog, Philippines.

ROSA M. ILAG CONSUELO D. BOBO

Mortgagor Mortgagee

With my Marital Conformity:

MR. UMI ILAG

Mortgagor's Spouse

SIGNED IN THE PRESENCE OF:

ISA D. NAKA TIBURCIO DAGMA

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF DIPOLOG ) SS.
X- - - - - - - - - - - - - - - - - - - - - - - - - X

8
 BEFORE ME, a Notary Public, for and in the City of Dipolog, this 2 nd
day of October 2020 personally appeared:

Name Identification Card Issued On

ROSA M. ILAG TIN: 001-542-987 Jan. 7, 2020

CONSUELO D. BOBO JO1-9921-987 Mar. 1,
2019
UMI ILAG TIN: 987-001-456 May 5, 2018
ISA D. NAKA TIN: 123-456-789 Oct. 5, 2019
TIBURCIO DAGMA JO 1-3232-098 Jan.16, 2020

all known to me to be the same persons who executed the foregoing

instrument and hereby acknowledged to me that the same is their free and
voluntary act and deed.

This instrument consisting of four (4) pages, including this page on

which this acknowledgment is written refers to a CHATTEL MORTGAGE
and has been signed by the parties and their witnesses and sealed with my
notarial seal.

Doc. No. 03;

Page No. 07-09;
Book No. 01;
Series of 2020.

9
 Affidavit of Good faith

We, the undersigned MORTGAGOR and MORTGAGEE hereby

jointly and severally swear that we executed the foregoing Chattel Mortgage
in order to secure the indebtedness therein cited and for no other purpose or
purposes contrary to law.

ROSA M. ILAG CONSUELO D. BOBO

Mortgagor Mortgagee

JURAT

SUBSCRIBED AND SWORN to before me by ROSA M. ILAG

who exhibited to me her Tax Identification No. 001-542-987 issued at Brgy.
Minaog, Dipolog City, Philippines on Jan. 7, 2020.

WITNESS MY HAND AND SEAL this 2nd day of October 2020 at

the City of Dipolog, Philippines.

NOTARY PUBLIC

Doc. No. 003;

Page No. 010;

Book No. 01;

Series of 2020.

10
 EXTRAJUDICIAL PARTITION OF REAL ESTATE

KNOW ALL MEN BY THESE PRESENTS:

We, MAURICIO MADLANGTUTA and BARTOLOME

MADLANGTUTA, of legal ages, single, residents of Sta. Isabel, Dipolog
City and Miputak, Dipolog City, respectively, on our own volition, declare
as follows:

1. That we are the legitimate children and sole heirs of the

deceased TIBURCIO MADLANGTUTA who died on January 16, 2020
at his last residence at Brgy. Minaog, Dipolog City, Philippines;

2. That said deceased died intestate, without any Last Will or

Testament, and without any outstanding debts or accounts;

3. That the deceased left a certain parcel of land covered by

Transfer Certificate of Title No. 01-4344-24 and more particularly described
as follows:

“A piece of land containing an area of THIRTY EIGHT THOUSAND

and SEVEN HUNDRED SIXTY SQUARE METERS (38,760 SQ. M.)
bounded on the SE- along line 10-1 by lot 341; along line 1-2 by lot 342; on
the SW along line 2-3 by lot 344; on the NW along line 3-5 by lot 346; on
the NE along line 5-6 and on NW- along line 67 by lot 301; on the NE-
along line 98,; and on the NW- along line 8-9 by lot 299; on the NE- along
line 9-10 by lot 300; all of Gss-09-000025.”

4. That the above-described parcel of land is not tenanted and

does not come within the operation of the Comprehensive Agrarian Reform
Program;

5. That pursuant to Section 1 of Rule 74 of the Revised Rules of Court of

the Philippines, and both being with full capacity to contract, we do hereby
adjudicate unto ourselves the land described above, in equal shares pro
indiviso, subject to contingent liabilities to creditors, heirs or other persons

11
who might have been deprived of lawful participation in the estate of the
decedent, for a period of two (2) years from and after the settlement and
distribution thereof, in accordance with the provision of Section 4, Rule 74
of the Rules of Court of the Philippines.

In the even that any other property of the decedent should ever be
found not included hereinabove, the parties hereto further agree as they do
so agree to settle and distribute the same in like manner and proportion as
herein established and disposed.

IN WITNESS WHEREOF, we have hereunto set our hands, this 2 nd

day of October 2020 at Dipolog City, Philippines.

MAURICIO MADLANGTUTA

BARTOLOME MADLANGTUTA

SIGNED IN THE PRESENCE OF:

ISA D. NAKA ROSA M. ILAG

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF DIPOLOG ) SS.
X- - - - - - - - - - - - - - - - - - - - - - - - - X

BEFORE ME, a Notary Public, for and in the City of Dipolog, this 2 nd
day of October 2020 personally appeared:

12
 Name Identification Card Issued ON

MAURICIO MADLANGTUTA TIN: 001-542-987 Jan. 7, 2020

BARTOLOME MADLANGTUTA JO1-9921-987 Mar. 1,
2019
ROSA M. ILAG TIN: 987-001-456 May 5, 2018
ISA D. NAKA TIN: 123-456-789 Oct. 5, 2019

all known to me to be the same persons who executed the foregoing

instrument and hereby acknowledged to me that the same is their free and
voluntary act and deed.

This instrument consisting of four (4) pages, including this page on

which this acknowledgment is written refers to a CHATTEL MORTGAGE
and has been signed by the parties and their witnesses and sealed with my
notarial seal.

Doc. No. 04;

Page No. 11-13;
Book No. 01;
Series of 2020.

13
 Republic of the Philippines

RTC Branch 8, Dipolog City

Zamboanga del Norte

ROSA M. ILAG,

Plaintiff,

Civil Case No. 143440

For: RECONVEYANCE

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

REGISTER OF DEEDS

City of Dipolog

Please take notice that a parcel of land covered by OCT No. 01-2345-
6780 (Lot No. 16, Pls-05) located in Brgy. Minaog, Dipolog City; registered
in the name of defendant ISA D. NAKA, is the subject matter of an action
for reconveyance of the entire portion thereof led by ROSA M. ILAG,
above-named plaintiff. Accordingly, please record this notice on the title.

Respectfully submitted.

Dipolog City, Philippines. October 02, 2020.

ATTY. DINA MASUHID

Counsel for Plaintiff

Copy furnished:

ATTY. SUE HIRAN

Counsel for the Defendant

76567 Quezon Ave., Dipolog City

14
 SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, ROSA M. ILAG, of legal age, married, Filipino, with residence at

Brgy. Minaog, Dipolog City, Philippines, do hereby appoint, name and
constitute TIBURCIO DAGMA, of legal age, Filipino, single, and a
resident of Estaka, Dipolog City, to be my true and lawful Attorney-in-Fact
for me and in my name, place and stead to do and perform the following
matters, acts, things and deeds:

1. To process the sale of my apartment unit located at Quezon

Avenue, Dipolog City in the amount of not less than FIVE HUNDRED
THOUSAND PESOS (P500,000.00);

2. To appear on my behalf in succeeding negotiations pertaining

to the aforesaid sale and sign documents and make such payments as may be
necessary on my behalf;

3. In general, to do and perform all acts, matters and things of

administration to make the powers herein granted forceful and effective,
subject to the limitations stated herein.

HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact

full power and authority to do and perform all and every act and things as
fully to all intents and purposes as we might or could lawfully do if
personally present, with full power of substitution and revocation, and
hereby ratifying and confirming all that any of our said attorney-in-fact or
his substitutes shall lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

2nd day of October 2020 at Dipolog City, Philippines.

Witnesses:

ISA D. NAKA CONSUELO D. BOBO

15
REPUBLIC OF THE PHILIPPINES)

BEFORE ME A NOTARY PUBLIC, for and in the City of Dipolog,

on the 2nd day of October 2020, personally appeared:

TIBURCIO DAGMA

ID No.: 1-3232-098

Date Issued: Jan.16, 2020

whose identification document is duly issued by a government agency

which bear the signature and photograph of the party, and being informed by
me of the contents of the foregoing instrument, he acknowledged before me
that he executed the same on his own free will and deed.

WITNESS MY HAND AND SEAL on the date and place first above
written.

NOTARY PUBLIC

Doc. No. 06;

Page No. 15-16;

Book No. 01;

Series of 2020.

16
Republic of the Philippines )

City of Dipolog ) S.S.

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, ROSA M. ILAG of legal age, single, Filipino, and a resident of

Brgy. Minaog, Dipolog City, Philippines, do hereby grant a general power
of attorney to TIBURCIO DAGMA, of legal age, single, Filipino, and a
resident of Estaka, Dipolog City, Philippines, as my attorney-in-fact.

As my attorney-in-fact, he shall have full powers and authority to do

and undertake all acts on my behalf that I could do personally including but
not limited to the following:

1. To exercise administration, general control and supervision

over my business and property in the Philippines, and to act as my general
representative and agent with full authority to buy, sell, negotiate, and
contract for me and my behalf;

2. To ask, demand, sue for, recover, and receive all sums of

money, debts, dues, goods, wares, merchandise, chattels, effects and things
of whatsoever nature or description, which now or hereafter shall be or
become due, owing, payable or belonging to me, in or by any right, title,
ways or means howsoever, and upon receipt thereof or any part thereof, to
make, sign, execute and deliver such receipts, releases or other discharges;

3. To buy or otherwise acquire, to hire or lease, and to pledge or

otherwise hypothecate, assign, and to dispose of, any or all of my/our
personal property or any interest therein, upon such terms and conditions,
and under such covenants, my attorney shall dim t or proper, and to execute
in my name any and all papers relating thereto, and to sign, execute,
acknowledge and deliver any and all agreements, or other writings therefore,
or in any way connected therewith, or with any business or property;

17
 4. To deposit money and to withdraw same by check, receipt,
draft or otherwise in any bank in my name, to sign, endorse, draw, accept,
make, execute, deliver and pay checks, drafts, bills of exchanges, promissory
notes, letters of credit, guarantees, and all other writings, contracts and
agreements;

5. To borrow any sum or sums of money that are urgent and

indispensable for the prevention of things which are under his administration
on such terms, conditions, and stipulations, and on such security, as my
attorney may think for that purpose; to execute all promissory notes, bonds,
mortgages, and other instruments which may be necessary and proper;

6. To settle any account or reckoning whatsoever wherein I am, or

at any time hereafter shall be in anywise, interested or are concerned with
any person whomsoever, and to pay or receive the balance thereof as the
case may be;

7. To compound with or make allowances to any person for and in

respect to any debts or demand whatsoever which now is or shall any time
hereafter become due and payable to me, and to take and receive any
composition or dividend thereof or thereupon and to give releases or other
discharges for the whole of such debts or demands, or to settle, compromise
or submit to arbitration every such debts or demand and every other right,
matter and thing due to or concerning me as my attorney may deem
advisable in the premises;

8. To make, sign, seal, execute and deliver contracts, documents,

agreements and other writings upon such terms and conditions acceptable to
my/our said attorney;

9. In general, to do all other acts, deeds, matters and things

whatsoever, in or about my/our estate, property and affairs, or to concur with
persons jointly interested with myself therein doing all acts, deeds, matters,
and things herein, either particularly or generally described, as fully and

18
effectually to all intents and purposes as I could do in my proper person if
personally present.

My attorney-in-fact hereby accepts this appointment subject to its

terms and agrees to act and perform in said fiduciary capacity consistent
with my best interests as in my attorney’s best discretion deems advisable,
and I affirm and ratify all acts undertaken.

This power of attorney may be revoked by me at any time, and shall

automatically be revoked upon my death, provided any person relying on
this power of attorney before or after my death shall have full rights to
accept the authority of my attorney-in-fact until in receipt of actual notice of
revocation.

IN WITNESS WHEREOF, I have hereunto set my hand this 2 nd day

of October 2020 in the City of Dipolog, Philippines.

TIBURCIO DAGMA

Attorney-in-Fact

Signed in the presence of:

CONSUELO D. BOBO ISA D. NAKA

REPUBLIC OF THE PHILIPPINES)

CITY OF DIPOLOG ) SS.
X- - - - - - - - - - - - - - - - - - - - - - - - - X

BEFORE ME, a Notary Public, for and in the City of Dipolog, this 2 nd
day of October 2020 personally appeared:

Name Identification Card Issued On

ROSA M. ILAG TIN: 001-542-987 Jan. 7, 2020

19
CONSUELO D. BOBO JO1-9921-987 Mar. 1,
2019
ISA D. NAKA TIN: 123-456-789 Oct. 5, 2019
TIBURCIO DAGMA JO 1-3232-098 Jan.16, 2020

all known to me to be the same persons who executed the foregoing

instrument and hereby acknowledged to me that the same is their free and
voluntary act and deed.

This instrument consisting of four (4) pages, including this page on

which this acknowledgment is written refers to a GENERAL POWER OF
ATTORNEY and has been signed by the parties and their witnesses and
sealed with my notarial seal.

NOTARY PUBLIC
Doc. No. 07;
Page No. 17-20;
Book No. 01;
Series of 2020.

20
 REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BRANCH 8 DIPOLOG CITY

LMN FINANCING CORPORATION,

Plaintiff-Petitioner,

CIVIL CASE NO. 001122

-versus- FOR: SUM OF MONEY, ETC.

ROSA M. ILAG,

Defendant-Respondent.

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

PETITION FOR RELIEF FROM JUDGMENT

COMES NOW, petitioner through the undersigned authorized legal

representative in the above title case, unto this Honorable Court, most
respectfully states and alleges that:

1. On September 28, 2020, herein plaintiff-petitioner received the

order of the Honorable Court dated September 23, 2020 denying the
plaintiff’s Notice of Appeal for having been filed out of time;

2. With the kind indulgence of the Honorable Court, the petitioner

seeks for the relief from judgment – to set aside the said order that the appeal
be given due course on the following grounds:

a. The defendant stands to be unjustly enriched by ONE

HUNDRED SEVENTY-EIGHT THOUSAND PESOS (PHP
178,000.00) representing the remaining unpaid balance of the loan
amount the defendant secured from the plaintiff-petitioner. This is
exclusive of the interest charge as of October 15, 2012. Up to the

21
present, the defendant borrower has not made any payment on the
account;

b. The plaintiff admits with all humility that it has been

incurring court procedural lapses in the absence of a legal guidance
subsequent to the resignation of its in-house counsel. While plaintiff
keeps on searching for a lawyer’s services on a permanent basis, it
could hardly find an applicant, as of this petition, who would be
willing to accept the workload of the legal department and be engaged
on a regular employment capacity;

c. The plaintiff believes that it should not be deprived with

property in the aforesaid substantial amount without being completely
heard in a court that it believes to be the proper venue to compel
payment from a borrower who was given a loan privilege in times of
her needs but now remains uncooperative in settling her obligation;

d. The petitioner committed a negligence when it filed for

an appeal out of time. True enough, it was borne out of excusable
neglect as the legal representative is not an adroit in procedural law.
In the attached Affidavit of Merit denominated as ANNEX “A”, an
explanation of the excusable negligence is humbly presented begging
for the kindness of the court to loosen the tight rope of technicality in
a situation where the plaintiff painstakingly still continues to find a
willing applicant for the position of in-house corporate counsel.
Plaintiff could have timely and properly filed the remedy had an
applicant-lawyer made good of her nod to serve as corporate counsel
but retracted the commitment when she was expected to report.
Attached is an affidavit marked as ANNEX “B” attesting to said fact;

e. The fact that the plaintiff, through the representative,

filed a Notice of Appeal was to let the Honorable Court be apprised of
its determined and unswerving resolve to seek a redress for its right
violated by a loan borrower. Such action was never to place any hint
of mockery on the court for the plaintiff is convinced – given the
22
 attitude of the borrower defendant of being elusive of her obligation,
the court is its only hope. Defendant has caused so much of the
difficulty in recovering what she is supposed to return – that petitioner
had to seek first the court’s assistance before obligations can be
compelled.

f. The plaintiff-petitioner understands that the Honorable

Court is not oblivious of the following rulings of the Supreme Court.
With all due respect, plaintiff humbly reminds if only to lay the solid
grounds why the petitioner is entitled to the relief prayed for, viz:

In Eladio Alonso vs. Tomas Villamor, et al (G.R. No. L-2352,

July 26, 1910), the Supreme Court is not agreeable on technicality’s
departure from its proper office, to quote:

“A litigation is not a game of technicalities xxxxx. It is, rather,

a contest in which each contending party fully and fairly lays
before the court the facts in issue and then, brushing aside as
wholly trivial and indecisive all imperfections of form and
technicalities of procedure, asks that justice be done upon the
merit. xxxxx Technicality, when it deserts its proper office as an
aid to justice and becomes its great hindrance and chief enemy,
deserves scant consideration from courts” (underscoring
supplied).

There are strings of cases with similar accommodations to

appeals not filed on time. Petitioner sees no need to express
them all in this petition as it hopes the foregoing cases and
explanations would suffice to draw the compassion of the court.

PRAYER

WHEREFORE, in the light of the foregoing premises, petitioner

respectfully prays to the Honorable Court that the herein petition for relief
from judgment be granted – that the order dated September 23, 2019 be set
aside and permit the appeal to take its course.

23
 Other reliefs or remedies deemed equitable and just are likewise
prayed for.

Respectfully submitted this 2nd day of October 2020, Dipolog City,

Philippines.

SIG DUKA

Republic of the Philippines)

City of Dipolog ) S.S.

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

VERIFICATION / CERTIFICATION OF
NON-FORUM SHOPPING

I, SIG DUKA, Filipino, of legal age, and with office address at

Quezon Ave., Dipolog City, Philippines, after having been sworn to in
accordance with law do hereby depose and state THAT:

1. I am the authorized representative of LMN Financing Corp.;

2. That I have caused the preparation of the foregoing PETITION
FOR RELIEF FROM JUDGEMENT and have read the allegations
contained therein;
3. That allegations in said petition are true and correct of my own
knowledge and based on authentic records;
4. I hereby certify that I have not commenced any other action or
proceeding involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein;
5. If I should thereafter learn that a similar action or proceeding has
been filed or is pending, I hereby undertake to report that fact
within five (5) days therefrom to the court or agency where the

24
 original pleading and sworn certification contemplated herein have
been filed;
6. I executed this verification/certification to attest to the truth of the
foregoing facts and to comply with the provisions of Adm.
Circular No. 04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

2nd day of October 2020, in the City of Dipolog, Philippines.

SIG DUKA

Affiant/Petitioner

ID No. 1234567

SUBSCRIBED AND SWORN to before me this 2 nd day of October,

2020 at Dipolog City, Philippines.

NOTARY PUBLIC
Doc. No. 08;
Page No. 21-25;
Book No. 01;
Series of 2020.

25
 REPUBLIC OF THE PHILIPPINES

ZAMBOANGA DEL NORTE

REGIONAL TRIAL COURT

Branch 8, Dipolog City

PEOPLE OF THE PHILIPPINES

Plaintiff,

Criminal Case No. 1434473

-versus- Violation of Ordinance

ROSA M. ILAG, No. 143

Defendant.

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

MOTION TO QUASH

COMES NOW the Accused, through the undersigned counsel, and to

this Honorable Court, respectfully moves to quash the information filed by
the Fiscal of Dipolog on the ground that:

THIS HONORABLE COURT HAS NO JURISDICTION OF THE

CASE.

ARGUMENT

City Ordinance No. 143 imposes a maximum penalty of six (6)

months imprisonment and a fine amounting to ONE THOUSAND PESOS
(P1,000.00) which is within the exclusive jurisdiction of the City Court of
Dipolog. Hence, this Court has no jurisdiction over the instant case.

WHEREFORE, it is respectfully prayed that the information be

quashed and the Accused be released immediately from detention.

Dipolog City, Philippines, October 2, 2020.

26
 ATTY. DINA MASUHID

Counsel for the Accussed

NOTICE OF HEARNG

The Clerk of Court

Regional Trial Court of Dipolog

Branch 8

Please set the foregoing Motion to Quash Hearing on Tuesday,

October 6, 2020 at 9:00 a.m. or as soon as counsel may be heard.

Copy furnished:

ATTY. SUE HIRAN

Counsel for the Defendant

76567 Quezon Ave., Dipolog City

27
 MARINE PROTEST

REPUBLIC OF THE PHILIPPINES)

CITY OF DIPOLOG ) S.S.

UPON BEING DULY SWORN, I do hereby depose and state that:

I, GAT MANDARAG, of legal age, married and residing at Sta.

Isabel, Dipolog City, Philippines, and the master of the vessel, “M/V
Bunshinsaba”, after being sworn according to law, hereby declare and
depose on Protest;

1. That on September 27, 20202, while the said vessel was entering the
breakwater of Dapitan on its voyage from Dumaguete City to the port
of Dapitan, it was struck by another vessel, “M/V Sagadsaran” which
was then leaving the port of Dapitan through the fault and negligence
of the Master of the latter vessel, the damage caused being:
2. That I, as Master, and the crew of said vessel under my command
exercised due care and diligence in trying to avoid the collision and in
preventing further damage to said vessel.
3. That I, the declarant Master, hereby publicly protest against all
persons concerned, particularly and specially against the Master and
the Owner of the vessel “M/V Sagadsaran”, which caused the
aforesaid damages to the vessel “M/V Bunshinsaba”.

Done on protest at the port of Dapitan City, Philippines, on this 28 th day

of September 2020.

GAT MANDARAG

Master

SUBSCRIBED AND SWORN to before me by GAT MANDARAG

who exhibited to me his Tax Identification No. 01234560 issued at the
Bureau of Internal Revenue on January 7, 2018.

WITNESS MY HAND AND SEAL this 2nd day of October 2020 at

the City of Dipolog, Philippines.
28
NOTARY PUBLIC
Doc. No. 10;
Page No. 28-29;
Book No. 01;
Series of 2020.

29