Substitution of Parties

MEMORANDUM FOR HAROLD/ANDREW
(A) SUBSTITUTION OF PARTIES:
1. Regina F Coles, widow, Blk 45 Lot 15B Cor. Cleofas and Cornelius Sts, Annex 35, Better
Living Subd., Paranaque City, MM, SSS ID No. 0111-4009564-4.
2. Diana Grace C. Cupon, married, 4F Jacinta St., Villa Susan Subd., Caniogan, Pasig City,
MM, N01-19-031897, CP 09178045848, [email protected].
3. Francis Cesar F. Coles, married, 203 Romblon Building Residences, Fort Bonifacio,
Taguig City, MM, [email protected]’
4. John Mark F. Coles, single, SSS No. 34-49396-46-6CP 09475761345,
[email protected].
5. Kent Robert F. Coles, single, SSS No. 34-66178-62-5, CP09672959066.
(B) LINE OF WITNESSES AND FACTS/GIST OF THEIR TESTIMONY/IES:
1. ROSALINDA C CARPESO, 74 years old, 29 8th Ave. West, Grace Park, Caloocan City,
MM.
= she is one of the plaintiffs in this case and the rest of her testimony is the same
as that of deceased Bonifacio G Coles; and all other facts -
Just follow the JUDICIAL AFFIDAVIT OF BONIFACIO G COLES and those are the
facts that she will elaborate or testify.
NOTE: Please make sure that her JUDAFF is similar but not a verbatim copy of
BONIFACIO because (I think Aldrin (check with him) had submitted the same to the
Court just check to make sure we do not have a problem her testimony) JUST GET THE
FACTS AND IF YOU HAVE QUESTIONS ABOUT THIS PLEASE CHECK WITH ANDREW)
-The following facts should be in ROSALINDA’s JUDAFF and should be part of

CARMENCITA testimony as corroborative facts –
(NOTE: MAKE SURE THAT THESE SAME FACTS ARE IN THE JUDAFF OF
ROSALINDA)
=plaintiffs more specifically their mother had been in possession of the property
and paid taxes thereon (tax receipts and tax declarations are exhibits)
=there is a pending perjury case (Information filed against Elisa is our exhibit)
before the MTC Dolores against defendant Elisa Lim pending determination (due to the
issue of prejudicial question and as the records in this criminal case show that it is the
presiding judge who issued that Order when he was still an MTC judge of Can-avid and
detailed at Dolores MTC. He will remember this case. The main subject of this case was
the Affidavit of Ownership executed by defendant Elisa Lim (which is an exhibit) that she
used to transfer the ownership of the land in question from Rosa G Coles (TD which is an
Page 2, GIST OF WITNESSES TESTIMONY/SUBSTITUTION OF PARTIES . . . .
exhibit) to her (TD which is our exhibit). Please remember that findings and
determinations of administrative bodies (like the DOJ) have persuasive effect. The
transfer is deemed illegal and without basis in law and in fact. Also look at the back of
the Rosa TD before the transfer to Elisa, more importantly at the MEMORANDUM SPACE
(make this our exhibit and part of that TD), there is no mention of any instrument of sale
either from the plaintiffs or the creditor bank (as acquired asset) and I think it was the
said perjured affidavit which was used to said transfer (just check to make sure).
= It was Nicanor Catuday (brother of Elisa) now deceased who ask Rosa to let Elisa
lived in the property in question so that she can help Rosa and when Nicanor died Elisa
continued living in the property.
=actual expenses had been spent in attending the hearing (plane tickets and gas
receipts are exhibits).
2. CARMENCITA C PEDRO, 71 years old, Blk 17 Lot 9 Phase 9 Carmona Estate, Bgy. Lantic,
Carmona, Cavite.
= she is one of the plaintiffs in this case;

= the property in question is one of the properties of the late Cesario A Coles and
Rosa G Coles;
= she made a loan with Rural Bank of Catbalogan, Inc., Dolores Branch. for the
amount mentioned in the Real Estate Mortgage (this document is our exhibit);
= she used the property in question as collateral for that loan and the same was
co-owned by Rosa G Coles and children Jose, Bonifacio, Carmencita, Rosalinda and
Raquel, one of the requirements for that loan was consent from the children (there is a
document of their confirmation and is our exhibit);
= Rosa G Coles executed a special power of attorney (the document is our exhibit)
to use the property in question as collateral;
= During the pendency of the loan, Carmencita made partial payments (receipts
are our exhibits and also the memorandum or certification issued by the creditor bank is
also our exhibit);
= she or any member of the family was not notified (written or otherwise) nor
have knowledge nor consented to defendant paying of the loan (she paid the loan at her
own behest or by her own self);
(Whatever she paid would be paid/assumed by plaintiffs) (Please check legal

Page 3, GIST OF WITNESSES TESTIMONY/SUBSTITUTION OF PARTIES . . . .
redemption in the civil code/rules of court)
=the creditor bank never foreclosed nor had attempted to foreclose the
property in question even when Carmencita failed to pay the remaining balance of the
loan.
=the creditor bank never notified nor there was any letter to Carmencita that it
is foreclosing the property.
3. The CLERK OF COURT, MTC, Dolores, or whoever signed the “Certification on the
Information”
= he/she is authorized to issue certified copies from the Court and it is one of
his/her duties.
= he/she signed the certificate (this is our exhibit) as true and correct copy of the
ORIGINAL DOCUMENT found in the records of the criminal case for perjury against
defendant Elisa.
= she identified his/her signature in the document.
4. The Municipal Assessor, Dolores or whoever signed the “Certified True Copy” of TD’S.
= he/she is authorized to issue certified true copies of the TD’s related to the
property in question and it is one of his/her duties.
= he/she identifies the TD’s (our exhibits)
= he/she identifies the signatures on the TD’s
= he/she identifies the MEMORANDUM shown at the back of the TD of Rosa G.

Coles immediately before the TD of Elisa (this is the fact of transfer from Rosa to Elisa).
5. The Municipal Treasurer, Dolores, or whoever signed the “Official Receipts” of

payment of taxes over the property in question.
= he/she is authorized to issue receipts and “receive payment” of real property

taxes.
= he/she identifies the tax receipts (our exhibits).
= he/she identifies’ the signatures on the receipts.

Page 4, GIST OF WITNESSES TESTIMONY AND SUBSTITUTION OF PARTIES . . .
NOTE: WITNESSES 3, 4, and 5, are government employees and their testimonies could
be dispensed with IF DEFENDANT ADMITS ALL OUR IDENTIFIED EXHIBITS EXISTENCE
AND DUE EXECUTION (Please check the Rules of Court in this regard and with Andrew)
(And if you want to go to Dolores for their signatures of their respective JUDAFFS, please
notify Wendy immediately so that she can send your expenses)
ANY FURTHER QUESTION RELATING TO THESE TOPICS, PLEASE LET ME KNOW.

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MEMORANDUM FOR HAROLD/ANDREW

(A) SUBSTITUTION OF PARTIES:

(B) LINE OF WITNESSES AND FACTS/GIST OF THEIR TESTIMONY/IES:

-The following facts should be in ROSALINDA’s JUDAFF and should be part of

= she is one of the plaintiffs in this case;

(Whatever she paid would be paid/assumed by plaintiffs) (Please check legal

redemption in the civil code/rules of court)

= she identified his/her signature in the document.

= he/she identifies the TD’s (our exhibits)

= he/she identifies the signatures on the TD’s

= he/she identifies the MEMORANDUM shown at the back of the TD of Rosa G.

5. The Municipal Treasurer, Dolores, or whoever signed the “Official Receipts” of

= he/she is authorized to issue receipts and “receive payment” of real property

= he/she identifies the tax receipts (our exhibits).

= he/she identifies’ the signatures on the receipts.

ANY FURTHER QUESTION RELATING TO THESE TOPICS, PLEASE LET ME KNOW.

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