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    Comment Opposition - GENA v. Madamba

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    Anjo Alba
    1. The document is a comment/opposition and motion filed by the defendant Jose Antonio C. Leviste in response to the plaintiff's motion seeking another extension of time. 2. The defendant argues the plaintiff's request should be denied because the plaintiff recently filed a criminal complaint against the defendant admitting the property owners, the Madamba Brothers, have nothing to do with the case. 3. The defendant also files a motion for a production and inspection order, arguing the purported agreement at the center of the case is just a photocopy, not an original, based on a certification from the court clerk, so an order is needed to determine if it is genuine.

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    © All Rights Reserved
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    Comment Opposition - GENA v. Madamba

    Uploaded by

    Anjo Alba
    259 views6 pages
    1. The document is a comment/opposition and motion filed by the defendant Jose Antonio C. Leviste in response to the plaintiff's motion seeking another extension of time. 2. The defendant argues the plaintiff's request should be denied because the plaintiff recently filed a criminal complaint against the defendant admitting the property owners, the Madamba Brothers, have nothing to do with the case. 3. The defendant also files a motion for a production and inspection order, arguing the purported agreement at the center of the case is just a photocopy, not an original, based on a certification from the court clerk, so an order is needed to determine if it is genuine.

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    1. The document is a comment/opposition and motion filed by the defendant Jose Antonio C. Leviste in response to the plaintiff's motion seeking another extension of time. 2. The defendant argues the plaintiff's request should be denied because the plaintiff recently filed a criminal complaint against the defendant admitting the property owners, the Madamba Brothers, have nothing to do with the case. 3. The defendant also files a motion for a production and inspection order, arguing the purported agreement at the center of the case is just a photocopy, not an original, based on a certification from the court clerk, so an order is needed to determine if it is genuine.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    259 views6 pages

    Comment Opposition - GENA v. Madamba

    Uploaded by

    Anjo Alba
    1. The document is a comment/opposition and motion filed by the defendant Jose Antonio C. Leviste in response to the plaintiff's motion seeking another extension of time. 2. The defendant argues the plaintiff's request should be denied because the plaintiff recently filed a criminal complaint against the defendant admitting the property owners, the Madamba Brothers, have nothing to do with the case. 3. The defendant also files a motion for a production and inspection order, arguing the purported agreement at the center of the case is just a photocopy, not an original, based on a certification from the court clerk, so an order is needed to determine if it is genuine.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    Republic of the Philippines

    National Capital Judicial Region


    REGIONAL TRIAL COURT
    Paraaque City, Branch 196
    GARVILLE EDISON
    NEIGHBORHOOD
    ASSOCIATION, INC.,
    represented by its Attorneyin-fact, Association
    President, Victor Arjona, Jr.,
    Plaintiff,
    -versus-

    Civil Case No. 15-102


    For: Specific
    Performance
    of Agreement with
    Damages

    JOVENCIO T. MADAMBA and


    ASTERIO
    T.
    MADAMBA,
    represented
    by
    their
    Attorney-in-fact, J. Antonio
    Leviste, Jr.,
    Defendants.
    x--------------------------------------------x

    Comment/Opposition
    with Manifestation and Motion for
    Issuance
    of Production and Inspection Order
    Defendant Jose Antonio C. Leviste, through the
    undersigned counsel, to the Honorable Court most
    respectfully states that:

    Comment/Opposition
    with Manifestation
    1. On 09 November 2016, he received a copy of the Very
    Urgent Manifestation with Motion from Plaintiff dated
    27 October 2016;
    Page 1 of 6

    2. In the said pleading, Plaintiff is asking again for


    another thirty day extension to inform the Honorable
    Court the circumstances of Asterio T. Madamba and/or
    the heirs of the Madamba Brothers. The prayer is
    made despite manifestation from Plaintiffs counsel of
    having been warned by the Court during the last
    hearing that there shall be no further extension of time
    that
    will
    be
    given
    to
    them.
    Hence,
    this
    Comment/Opposition with Manifestation of Defendant
    Leviste;
    3. Plaintiffs madness should be put to a halt. On 26
    October 2016, Defendant Leviste received a subpoena
    from the Office of the City Prosecutor of Paraaque
    directing him to submit his Counter Affidavit to the
    Complaint filed against him by Plaintiff for Falsification
    of Public Document by a Private Individual/Perjury.
    Copy of the subpoena with attached complaint is
    enclosed as Annex A;
    4. The subject of the criminal complaint is still the fake
    Agreement Defendant allegedly entered in behalf of
    Real Estate Investors, Inc. with herein Plaintiff
    Association;
    5. Plaintiff is suing Defendant criminally because it
    alleges the he made untruthful statements in the fake
    Agreement when he declared therein that the
    corporation he is representing is the owner of the
    property owned and registered in the name of the
    Madamba Brothers covered by TCT No. 273350;
    6. The above allegation of Plaintiff is a clear admission
    that the Madamba Brothers have nothing to do with
    the instant case. To be more specific, Plaintiff made the
    following allegation in its Complaint Affidavit:
    4. Respondent herein enticed and prevailed
    upon the Association. They were shown titles
    of possible relocation sites. Very particular in
    this case is a property covered by TCT No.
    273350 situated at Cul de Sac Street, Brgy.
    Sun Valley, Paraaque City.
    7. Accordingly, all those extensions of time given to
    Plaintiff to implead the heirs of the Madamba Brothers
    are all a waste of time. Surely, if the Madamba
    Page 2 of 6

    Brothers had any participation in the criminal acts


    complained of, Plaintiff will definitely alleged them in
    its Complaint Affidavit which it did not;
    8. Moreover, since the criminal complaint filed by Plaintiff
    revolves around the contents of the same fake
    Agreement, prudence dictates that it should have
    informed the Honorable Court of such fact. Failure by
    the Plaintiff to do the same is a clear violation of its
    undertaking against forum shopping which constitutes
    indirect contempt;
    9. The issues between the instant case and the criminal
    complaint filed by Plaintiff indisputably share a
    common issue which is the genuineness and validity of
    the purported Agreement. Hence, Plaintiff is duty
    bound by its undertaking in its Certificate Against
    Forum Shopping to inform the Honorable Court within
    five (5) days of the fact of such filing;
    10.
    It is therefore crystal clear that Plaintiffs filing of
    the
    criminal
    case
    against
    Leviste
    for
    Falsification/Perjury is an explicit admission that it has
    no cause of action against the Madambas concerning
    the purported Agreement of which they, to begin with,
    were not even a party or signatory. In other words, the
    filing of the criminal case by Plaintiff against Leviste is
    a way of its saying that Leviste defrauded them but it
    still wants to get the property of the Madambas;

    Motion for Issuance


    of Production and Inspection Order
    under Rule 27
    11.
    Equally important to manifest is that Defendant
    Leviste discovered that the purported Agreement made
    as basis of Plaintiffs cause of action against him in the
    instant case is just a mere xerox copy. This fact is
    certified by the Office of the Clerk of Court-Regional
    Trial Court Makati City. Copy of the Certification is
    attached as Annex B;
    12.
    Plaintiff knew this fact because it was the one
    who made the request for a certified true copy thereof.
    Copy of the request is attached as Annex C. Hence,
    this motion;
    Page 3 of 6

    13.
    Since the instant case is presently in its pretrial
    stage, Defendant would like to take advantage of the
    opportunity to avail of the modes of discovery provided
    under Rule 27 of the Rules of Court, to wit:
    RULE 27
    Production or Inspection of Documents or
    Things
    Section 1.Motion
    for
    production
    or
    inspection; order. Upon motion of any
    party showing good cause therefor, the
    court in which an action is pending may
    (a) order any party to produce and
    permit the inspection and copying or
    photographing, by or on behalf of the
    moving
    party,
    of
    any
    designated
    documents, papers, books, accounts,
    letters, photographs, objects or tangible
    things, not privileged, which constitute
    or contain evidence material to any
    matter involved in the action and which
    are in his possession, custody or control,
    or (b) order any party to permit entry upon
    designated land or other property in his
    possession or control for the purpose of
    inspecting,
    measuring,
    surveying,
    or
    photographing
    the
    property
    or
    any
    designated relevant object or operation
    thereon. The order shall specify the time,
    place and manner of making the inspection
    and taking copies and photographs, and may
    prescribe such terms and conditions as are
    just.
    14.
    The certification issued by the Office of the
    Clerk of Court RTC, Makati City is a good cause
    for the issuance of the requested order. Surely if
    the purported Agreement is genuine as what
    Plaintiff claims it to be, there would be no
    problem for its compliance once the prayed order
    is issued.

    PRAYER
    Page 4 of 6

    WHEREFORE, above premises considered, it is


    respectfully prayed to the Honorable Court that:
    1. The Manifestation of the filing of the criminal
    complaint by Plaintiff against Defendant be NOTED;
    2. The Motion to Allow Last Extension of Time filed by
    Plaintiff be DENIED;
    3. The Motion to Admit Re-Amended Complaint
    impleading any Madamba as Defendant filed by
    Plaintiff be also DENIED;
    4. The Motion for Issuance of Production and Inspection
    Order be GRANTED.
    Other reliefs just and equitable are likewise prayed for.
    Respectfully submitted on 16 November 2016, Makati
    City for Paraaque City.
    By:
    ANDRES JOSE MAURICIO ALBA
    9F LPL Towers, 112 Legazpi Street, Legazpi Village, Makati City

    Counsel for Defendant


    Jose Antonio C. Leviste
    Mobile: 09255515029
    Email: [email protected]
    Roll No. 64838
    IBP No. 1026749; 01.20.2016
    PTR No. MKT 5336280; 01.11.2016
    MCLE Compliance No. V-0023769

    Page 5 of 6

    Notice of Hearing
    Branch Clerk of Court
    Atty. Benedicto D. Tabaquero
    Tabaquero Albano Lopez & Associates
    Counsel for Plaintiff
    Greetings!
    Please take notice that the foregoing Motion for Issuance
    of Production and Order shall be submitted for the
    consideration and approval of the Honorable Court on
    Friday, 02 December 2016 at 2 p.m. or as soon as counsel
    and matter may be heard.
    ANDRES JOSE MAURICIO ALBA

    Copy Furnished:
    Branch Clerk of Court
    Regional Trial Court
    Paraaque City, Branch 196
    Atty. Benedicto D. Tabaquero
    Tabaquero Albano Lopez & Associates
    Counsel for the Plaintiff
    4th Floor, Alcoser Building, San Antonio Avenue
    SAV-1 Brgy. San Antonio, Paraaque City

    Page 6 of 6

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