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    Ben Perez - Ca MR

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    Mark Lojero
    This document is a manifestation filed by the petitioner Ben Perez with the Court of Appeals regarding an appeal of a civil case. It summarizes that 1) the petitioner's counsel changed his address due to damage from Supertyphoon Yolanda, 2) the petitioner was unable to file a memorandum due to losing contact with his principal counsel, and 3) the petitioner adopts his original petition as his memorandum in this case, which specified three errors of the regional trial court decision. The petitioner argues the court should have given full credit to the findings of the geodetic engineers in their commissioners report.

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    © All Rights Reserved
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    Ben Perez - Ca MR

    Uploaded by

    Mark Lojero
    36 views3 pages
    This document is a manifestation filed by the petitioner Ben Perez with the Court of Appeals regarding an appeal of a civil case. It summarizes that 1) the petitioner's counsel changed his address due to damage from Supertyphoon Yolanda, 2) the petitioner was unable to file a memorandum due to losing contact with his principal counsel, and 3) the petitioner adopts his original petition as his memorandum in this case, which specified three errors of the regional trial court decision. The petitioner argues the court should have given full credit to the findings of the geodetic engineers in their commissioners report.

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    BEN PEREZ_CA MR.docx

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    This document is a manifestation filed by the petitioner Ben Perez with the Court of Appeals regarding an appeal of a civil case. It summarizes that 1) the petitioner's counsel changed his address due to damage from Supertyphoon Yolanda, 2) the petitioner was unable to file a memorandum due to losing contact with his principal counsel, and 3) the petitioner adopts his original petition as his memorandum in this case, which specified three errors of the regional trial court decision. The petitioner argues the court should have given full credit to the findings of the geodetic engineers in their commissioners report.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views3 pages

    Ben Perez - Ca MR

    Uploaded by

    Mark Lojero
    This document is a manifestation filed by the petitioner Ben Perez with the Court of Appeals regarding an appeal of a civil case. It summarizes that 1) the petitioner's counsel changed his address due to damage from Supertyphoon Yolanda, 2) the petitioner was unable to file a memorandum due to losing contact with his principal counsel, and 3) the petitioner adopts his original petition as his memorandum in this case, which specified three errors of the regional trial court decision. The petitioner argues the court should have given full credit to the findings of the geodetic engineers in their commissioners report.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    COURT OF APPEALS
    Cebu City

    TWENTIETH (20TH) DIVISION

    BEN PEREZ, CA-G.R. CEB-SP. No. 04750


    Petitioner, (Civil Case No. 2008-04-40
    RTC Br. 6, Tacloban City)
    -versus-

    SPS. BIENVENIDO MOLLEDA


    and ZENAIDA MOLLEDA,
    Respondents.

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

    MANIFESTATION
    PETITIONER, by and through counsel, in the above-entitled
    case, unto this Honorable Court, most respectfully manifests: THAT---

    1. As an aftermath of Supertyphoon “Yolanda”, the counsel for


    petitioner has changed address from his law office at 253 Avenida
    Veteranos, Tacloban City, which was washed out by storm surge, to:

    Unit 2-I, FC Bldg.


    288 Tomas Morato Avenue
    1103 Quezon City

    2. Memorandum was not filed by petitioner as he failed to get in


    touch with principal counsel, Atty. BC Lawsin, whose whereabouts up
    to the present is not known. The latter was in possession of the
    records of this appealed case.

    3. Petitioner’s attorney-in-fact Danilo Chua was able to


    communicate with the undersigned counsel only on February 4, 2014,
    and furnished him at the above-stated new address a photocopy of
    the 21 October 2013 Resolution of this Honorable Court and
    photocopies of some pleadings in this case.

    4. Petitioner adopts in toto his Petition dated 4 January 2010,


    including the attached Annexes/Exhibits as his MEMORANDUM, and
    which specified and discussed the three (3) assigned errors, to wit:
    2

    I. THE DECISION OF THE REGIONAL TRIAL


    COURT IS NOT IN ACCORDANCE WITH THE
    FACTS AND LAW OF THE CASE;

    II. THE REGIONAL TRIAL COURT ERRONEOUSLY


    HELD THAT RESPONDENTS ARE ENTITLED TO
    RECOVER POSSESSION DESPITE FAILURE TO
    CLEARLY ESTABLISH THEIR RIGHTS UNDER
    THE FACTS OF THE CASE; AND

    III. THE REGIONAL TRIAL COURT ERRED IN NOT


    ADHERING TO DOCTRINES AND
    JURISPRUDENCE APPLICABLE TO THE CASE
    AT BAR WHEN IT REVERSED AND SET ASIDE
    THE DECISION OF THE TRIAL COURT OF
    ORIGIN.

    5. But, most worthy of observation is the fact that the findings of


    the geodetic engineers in their COMMISSIONERS REPORT, on
    which the court a quo based its Decision on 31 March 2008, were
    never refuted to be irregular and never overturned by convincing
    evidence by the plaintiffs. As such, said COMMISSIONERS REPORT
    should have been given full respect and credit by the Regional Trial
    Court.

    WHEREFORE, foregoing premises considered, it is most


    respectfully prayed of this Honorable Court that this
    MANIFESTATION be noted and be given due course.

    Quezon City for Cebu City, February 11, 2014.

    LEO S. GIRON
    Counsel for Petitioner
    Roll No. 37379
    IBP Lifetime No. 00733
    PTR No. 7252918; 1-9-14; Tacloban City
    MCLE Compliance No. IV-0005511; 4-23-12

    Unit 2-I, FC Bldg., 288 Tomas Morato Avenue


    Quezon City
    3

    REQUEST/NOTIFICATION

    DIVISION CLERK OF COURT


    COURT OF APPEALS, 20TH DIVISION
    CEBU CITY

    Greetings:

    Kindly submit the foregoing MANIFESTATION for the


    consideration of the Honorable Court immediately upon receipt hereof
    sans oral argument.

    LEO S. GIRON

    ATTY. MENCHITO L. VIOVICENTE


    Counsel for the Respondents

    Greetings:

    Please take notice that the foregoing MANIFESTATION will be


    submitted for the consideration of this Honorable Court immediately
    upon receipt hereof sans oral argument.

    LEO S. GIRON

    COPY FURNISHED:
    Explanation: by registered mail due to distance

    ATTY. MENCHITO L. VIOVICENTE


    No. 119 Shopping Center
    Tacloban City 6500

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