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May 28, 2014

REGIONAL TRIAL COURT


BRANCH 17

Hon. Florencia Sealana- Abbu
Presiding Judge

Criminal Case No. 2008- 175
Pp vs. Mervin Ortea y Piligreno (D) & Two
John Does

Prosecution: ACP Ansharey Lalia
Defense: Atty. Claire Aimee Amora
Robbery
For: Pre-trial Conference

Remarks:
- Prosecution manifested that the private
complainant did not attend the
arraignment and the present hearing
despite service of notice and that private
complainant seems to be disinterested in
pursuing the case.
- Counsel for defense counsel manifested
that the accused is mentally challenged
and not fit to stand trial.
- Judge ordered the accused to be examined
by a neuro-psychiatrist.
- Conditional dismissal of the case was then
ordered.
- Reset on later date for the results of the
examination of the newo-phychiatrist.


Criminal Case No. 2013- 1085
Pp vs. PO1 Jun Reil Barruentos (B)

Prosecution: ACP Ansharey Lalia
Defense: Atty. Enrique Naduma
Violation of Sec. 1 PD 1866 as Amended by
R.A. 8294
For: Initial Presentation of Prosecution Evidence

Remarks:
- Defense counsel manifested that under the
new law (RA 10591 amending RA 8294) the
penalty of the charge against the accused is
not within the jurisdiction of the Regional
Trial Court but under the MTC.
- Defense counsel asked for 5 days to file a
Motion to Dismiss the case since the
penalty per PD 1866 is only aresto mayor
or 6 months. Thus, the court acquires no
jurisdiction over the case.
- Reset on later date.

Civil Case No. 2013- 191
Esteban M. JUmawan vs. MAybank
Philippines Inc. rep. by its Branch Head
Jennifer Uyguangco

Prosecution: Atty. Noel S. Beja
Defense:
Atty. Alphon Lagamon
Atty. Jonathan Oche
Consignation
For: Pre-trial Conference

Remarks:
- The parties were amenable to settle the
case out of court.
- Prosecution counsel prayed for the
resetting of the case.
- Reset on later date.


Civil Case No. 2014- 032
Jose B. Cuevas vs. Arturo L. Alibanggo

Prosecution: Atty. Stalin P. Baguio
Annulment of Deed od Sale, Certificate of
Registration and Recovery of Possession
For: Pre-trial Conference

Defense: Atty. Florentino R. Dumlao
Remarks:
- The Judge noticed that the parties have not
yet undergone mediation through the
Philippine Mediation Center (PMC)
- The Judge ordered parties to undergo
mediation in PMC.
- Reset on later date for JDR if mediation is
unsuccessful.

-
Civil Case No. 2011-367
Ming Xing Huang rep. by Zhang Hui vs.
Estate of Fedelino Gapusan, Jr. by Irene
Gapusan

Prosecution: Atty. Marilen Rosabal
Defense: Atty. Quintilianito Babarin

Recovery of Sum of Money with Prayer for
Appointment of Receiver
For: Pre-trial Conference

Remarks:
- Defense counsel was not present.
- Reset on later date.

Civil Case No. 2009- 099
Mindanao Silicon Metal Corp. vs. Kent
Mrtkg. International Traders and
Shipping Services, Inc. vs. Wes Bay
Shipping Services rep. by owner and
General Manager, Ms. Jane Marie
Tiamzon

Prosecution: Atty. Augusto P. Neri, Jr.
Defense:
Atty. Oscar Musni
Atty. Osias Merioles (for 3
rd
party defendant)
Atty. Franco Espino (for 3
rd
party defendant)

Breach of Contract Specific Performance Etc.
For: Presentation of 3
rd
Party Defendants Witness

Remarks:
- The 3
rd
Party defendants witness was not
present.
- Counsel for third party defendant asked the
court for a resetting of the case.
- Reset on later date.

Civil Case No. 2008- 271
Sps. Henry A. Conception and Blesilda A.
Conception vs. Atty. Elmer de La Rosa

Prosecution: Atty. Kathryn P. de La Serna
Defense: Joel Dexter Nagtalon
Sum of Money with Application for Writ of
Parliamentary Attachment
For: Presentation of Defense Last Witness

Remarks:
- In view of the absence of the defense last
witness, the Judge warned the counsel to
rest its case.
- Counsel for plaintiffs has no objection to
give defese one last resetting of the case to
present its last witness
- Defense counsel prayed for issuance of
Subpoena to the last witness.
- The presentation of the defense last
witness has been reset on July 30, 2014.

MC Case No. 2007-100
Re: Petition for Issuance of New Owners
Duplicate Certificate of Title

Prosecution: Atty. Emelie Babarin
For the State: APP Wilfredo Bibera
For the Movant: Atty. Arnold Barba
Petition
For: Hearing of the Omnibus Motion

Remarks:
- The order dated January 9, 2008 granting
the petition for issuance of the new Owners
Duplicate of Certificate of Title was declared
null and void and the new title issued to
Bustamante was cancelled since the alleged
lost Owners Duplicate of Title has been in
the possession of Rebecca Baylin who was
never authorized to file a petition for
issuance of the new title.
- Case terminated.

MC Case No. 2014- 038
Matter of Petition for Authority to Survey

Petitioner: Atty. Leonardo N. Demecillo
Petition
For: Hearing of the Petition

Remarks:
- The petition to survey was opposed by the
possessors of the land. Since it is an
alienable/disposable land, possessors have
better right to said land.
- Opposition says that if the survey does not
encroach their clients property, they will
join the petition to survey.
- Reset on later date.

MC Case No. 2014- 051
Matter of Petition for Issuance of Owners
Duplicate Copy of TCT No. T-189113

Petitioner: Atty. Virgilio Cabanlet
State: ACP Ansharey Lalia
Petition
For: Initial Hearing

Remarks:
- Petitioner marked the exhibits from A to F.
- No oppositors to the petition.
- State also has no opposition.
- Reset for issuance of owners duplicate copy
upon submission of petitioners evidence in
court.

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