Republic of the Philippines

REGIONAL TRIAL COURT

Fifth Judicial Region
Branch 53
Sorsogon City

DESIREE O. ABITRIA,
Plaintiff,
CIVIL CASE No. 2021-9337
-versus-
For: Recovery of Possession with
Application for Preliminary
FREDDIE AREVALO and Injunction and Damages
JOSE ABAN,
Defendant.
x-------------------------------------------x

PLAINTIFF’S FORMAL OFFER

OF DOCUMENTARY EVIDENCE

PLAINTIFF, through the undersigned counsel, and unto this Honorable

Court, most respectfully offer the following documentary exhibits:

Marking Document Purpose

EXHIBIT “A” Deed of Absolute Sale dated To prove Desiree O.
October 5, 2020 Abitria’s ownership in
fee simple of Lot No.
Attached to the Rollo on page 34. 825-PT
EXHIBIT "B” Tax Declaration of Real Property To prove Desiree O.
No. 2014-06-0008-00377 in the Abitria’s ownership in
name of Desiree O. Abitria fee simple of Lot No.
825-PT and that Lot
Attached to the Rollo on page 35. 825-PT is declared in
EXHIBIT The Notice of Assessment dated the name of Desiree O.
"C" November 17, 2020 Abitria

Attached to the Rollo on page 36.

EXHIBIT Certification from the Registry of To prove that Desiree
"D" Deeds for Sorsogon dated O. Abitria acquired Lot
November 3, 2020 No. 825-PT from the
previous lawful owner
Attached to the Rollo on page 37. and possessor,
Reynaldo H. Aquino,
and that Lot No. 825-PT
does not have any
existing title or
application for titling
pending with the Land
Arbitria vs Arevalo & Aban
Recovery of Possession with Application for
Preliminary Injunction and Damages Page
 Registration Authority
EXHIBIT "D- Photo copy of Certification from the To prove that no
1" Registry of Deeds, Sorsogon, certificate of title exists
Sorsogon dated February 10, 2010 over Lot No. 825-PT

Attached to the Rollo on page 39.

EXHIBIT “E" Photo copy of Official Receipt To prove that Desiree
No. 0554697 O. Abitria pays the real
property taxes for Lot
Attached to the Rollo on page 40. No. 825-PT and that the
EXHIBIT "F” Photo copy of Official Receipt No. declared owner of Lot
0554698 825-PT on record is her
predecessor-in-interest,
Attached to the Rollo on page 38. Renato H. Aquino
EXHIBIT Form of the Bureau of Internal To prove that Desiree
"G” Revenue (BIR) Certificate O. Abitria is the owner
Authorizing Registration dated of the Lot 825-PT and
November 18, 2020 that she tried to have the
land titled in her name
Attached to the Rollo on page 41.
EXHIBIT Donsol Cadastre, Donsol To prove that Lot 825-
“H” Poblacion certified on December 3, PT has been segregated
2020 from the rest of Lot 654.

Attached to the Rollo on page 44.

EXHIBIT “I” Tax Declaration No. 2014-06-0008- To prove that Reynato
00154 Aquino, Desiree
Abitria’s predecessor-
Attached to the Rollo on page 42 in-interest, was the
EXHIBIT "I- Tax Declaration No. 2008-06-0008- owner in fee simple of
1" 00336 Lot 825-PT prior to
Desiree Abitria.
Attached to the Rollo on page 43.
EXHIBIT “J” Real Property Tax Clearance issued
by the Office of the Municipal
Treasurer of Donsol, Sorsogon
dated September 29, 2020

Attached to the Rollo on page 45.

EXHIBIT Certification from the Office of the
“K” Provincial Assessor of Sorsogon
dated 15 October 2020

Attached to the Rollo on page 46.

EXHIBIT The Deed of Absolute Sale of Real To prove that Reynato
"L" Property dated January 19, 2010 Aquino bought Lot 825-
PT from Jesus Razo
Attached to the Rollo on page 47.
EXHIBIT BIR Form No. 1954 CAR 2009 No.
Arbitria vs Arevalo & Aban
Recovery of Possession with Application for
Preliminary Injunction and Damages Page
 "M” 00089885

Attached to the Rollo on page 48.

EXHIBIT “N” Photo copy of Capital Gains Tax
Return Form No. 1706

Attached to the Rollo on page 49.

EXHIBIT Photo copy of the documentary To prove that Reynato
"O" stamp, Tax Declaration Return Aquino, Desiree
Abitria’s predecessor-
Attached to the Rollo on page 50.
in-interest, was the
owner in fee simple of
Lot 825-PT prior to
Desiree Abitria and that
Lot 825-PT was
previously declared
under his name.
EXHIBIT "P" Official Receipt for Account No. To prove that Jesus
072-80001-5 Razo was the prior
owner in fee simple of
Attached to the Rollo on page 51. Lot 825-PT.
EXHIBIT “P- Another Official Receipt
1”
Attached to the Rollo on page 51.
EXHIBIT Official Receipt No. 0693573 To prove that Reynato
"Q" Aquino, Desiree
Attached to the Rollo on page 52. Abitria’s predecessor-
EXHIBIT "Q- Official Receipt No. 0679507 dated in-interest, was the
1" December 3, 2009 owner in fee simple of
Lot 825-PT, and that as
Attached to the Rollo on page 52. owner, he paid the real
property taxes for Lot
825-PT
EXHIBIT “R” Real Property Tax Clearance dated To prove that Jesus
December 3, 2009 Razo was the prior
owner in fee simple of
Lot 825-PT and that Lot
EXHIBIT “S” Certification from the Provincial 825-PT was previously
Assessor dated February 11, 2010 declared under his name

EXHIBIT “T” Certification from the Office of the

Municipal Assessor of Donsol,
Sorsogon dated January 3, 2010

Attached to the Rollo on page 55.

EXHIBIT “U” T ax Declaration No. 2005-06-008-
Arbitria vs Arevalo & Aban
Recovery of Possession with Application for
Preliminary Injunction and Damages Page
 0136

Attached to the Rollo on page 56.

EXHIBIT “V” Minutes of the Barangay Blotter for To prove thar Reynato
Katarungang Pambarangay dated H. Aquino instituted
May 25, 2019 proceedings to eject
Amado Lorete and/or
Attached to the Rollo on page 57. Freddie Arevalo from
EXHIBIT “V- Barangay Blotter of Brgy. Bororan Lot 825-PT
1” dated June 3, 2009

Attached to the Rollo on page 58.

EXHIBIT “V- Barangay Blotter of Brgy. Bororan
2” dated June 6, 2019

Attached to the Rollo on page 59.

EXHIBIT “V- Barangay Blotter dated June 30,
3” 2019

Attached to the Rollo on page 60.

EXHIBIT English translation of Barangay
“W” Blotter dated May 25, 2019

Attached to the Rollo on page 61.

EXHIBIT English translation of Barangay
“W-1” Blotter dated June 3, 2019

Attached to the Rollo on page 62.

EXHIBIT English translation of Barangay
“W-2” Blotter dated June 6, 2019

Attached to the Rollo on page 63.

EXHIBIT “X” Barangay Blotter dated October 17, To prove thar Desiree
2020 Abitria likewise
instituted proceedings to
Attached to the Rollo on page 64. eject Amado Lorete,
EXHIBIT “X- Barangay Blotter of Boroan dated Freddie Arevalo and
1” October 24, 2020 Jose Aban from Lot
825-PT
Attached to the Rollo on page 65.
EXHIBIT “X- Barangay Blotter of Boroan dated
2” October 24, 2020

Attached to the Rollo on page 66.

EXHIBIT “X- Barangay Blotter of Boroan dated
3” October 31, 2020

Attached to the Rollo on page 67.

EXHIBIT “Y” English translation of Barangay
Arbitria vs Arevalo & Aban
Recovery of Possession with Application for
Preliminary Injunction and Damages Page
 blotter dated June 6, 2019

Attached to the Rollo on page 68-71

EXHIBIT “Y- English translation of Barangay
1” blotter dated October 24, 2020

Attached to the Rollo on page 68-71

EXHIBIT “Y- English translation of barangay
2” blotter dated October 24, 2020

Attached to the Rollo on page 68-71

EXHIBIT “Y- English translation of barangay
3” blotter dated October 31, 2020

Attached to the Rollo on page 68-71

EXHIBIT Certificate to File Action issued by To prove that Desiree
"Z" the Office of the Lupon Abitria has complied
Tagapamayapa dated November, with conditions
2020 precedent before filing
EXHIBIT Photo copy of another Certificate to this case in court.
"AA" File Action dated February 26, 2021

Attached to the Rollo on page 73

EXHIBIT Commissioner’s Report of Engr. To prove that Lot 825-
"BB" Marilyn Rañon PT has been segregated
from the rest of Lot 654
according to Cad 831
for Donsol and that
Defendants are the ones
actually possessing Lot
825-PT

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that Exhibits “A” to “BB”, inclusive of their respective
sub- markings be ADMITTED, and thereafter to consider Plaintiff to have
rested its case.

Other reliefs, just and equitable under the premises are likewise prayed
for.

27 March 2023, Legazpi City, Philippines.

The Law Offices of

ZAMORA VILLANUEVA and ASSOCIATES
Arbitria vs Arevalo & Aban
Recovery of Possession with Application for
Preliminary Injunction and Damages Page
 Counsel for the Petitioner
Unit 3, D and N Building
Washington Drive, Legazpi City

By:
CHARINA C. ROBLES
Attorney’s Roll No. 81164
PTR No. 0129506M/ 3 January 2023
IBP No. 264003/ 3 January 2023
MCLE Governing Board Order No.1, s.2008

KARL ANTHONY B. VILLANUEVA

Attorney’s Roll No. 56531
PTR No. 9795679H/7 January 2022
IBP Lifetime No. 017544 / 23 November 2017
MCLE VII-0005574 Valid until 14 April 2025

PROOF OF SERVICE WITH EXPLANATION

On 27 March 2023, due to distance and lack of office personnel to effect

personal service, I served through registered mail a copy of the foregoing
PLAINTIFF’S FORMAL OFFER OF DOCUMENTARY EVIDENCE to:

ATTY. IRENE REJUSO-BIEN

2nd Floor, Room 205
PYLB Bldg. II
Peñaranda St.. Legazpi City
Registry Receipt No. _____________

CHARINA C. ROBLES

Arbitria vs Arevalo & Aban

Recovery of Possession with Application for
Preliminary Injunction and Damages Page