Republic of the Philippines

REGIONAL TRIAL COURT

Branch 5
Dinalupihan Bataan

ROMEO G. JARING
PLAINTIFF,

Civil Case No. 20-21

--versus-- For : Collection of Sum of

Money, Damages, and
Attorney’s Fees

SPOUSES PLACIDO ALIPIO

and PURITA ALIPIO, and
SPOUSES BIENVENIDO MANUEL
and REMEDIOS MANUEL
DEFENDANTS.

X---------------------------------------------------------------/

MOTION TO DISMISS

            COMES NOW the defendant, by undersigned counsel, and unto this Honorable Court respectfully

moves to dismiss the plaintiff's complaint on the following grounds:

            1. That the said claim or demand is set forth in the plaintiff’s pleading has been extinguished.

            2. That the pleading asserting the claim states no cause of action against defendant;                                                      

ARGUMENTS

A. That the said claim or demand is set forth in the plaintiff’s pleading has been extinguished.

That defendant is not indebted to plaintiff for the amount claimed because it is already extinguished

due to compensation for plaintiff’s failure to return the carabao owned by defendant which plaintiff

had borrowed from defendant and up to this date defendant failed to return it. The value of the

carabao is P30,000.00.

B. That the pleading asserting the claim states no cause of action against defendant. Even

assuming that plaintiff:s claim is not extinguished, still he has no cause of action against defendant

Purita Laipio. That since the Alipio spouses obligated under the contract, the spouses Alipio’s
 obligation is one which is chargeable against their conjugal partnership. That since defendant

Alipio’s husband died, their conjugal partnership was automatically dissolved and debts chargeable

against it are to be paid in the settlement of estate proceedings.T hat no complaint for the collection

of indebtedness chargeable against the conjugal partnership can be brought against the surviving

spouse. And that the inventory of the Alipio’s conjugal property is still necessary before any claim

against it can be paid.

                                                                       

Moreover, the present complaint has caused the plaintiff to obtain the services of an attorney in the amount

of ONE THOUSAND PESOS (P 1, 000. 00).

PRAYER

WHEREFORE, in view of all the foregoing, it is respectfully prayed that the above-entitled

complaint be dismissed and for plaintiff to pay defendant the amount of ONETHOUSAND PESOS (P 1,

000. 00) as attorney’s fees. Reliefs just and equitable under the premises are likewise prayed for.

October 27, 1989. Dinalupihan Bataan

RECORTE, SALAS and GARDE LAW OFFICES

2nd Flr. Garcia Bldg.
Dinalupihan Bataan
Bataan Philippines
Tel No. 232-4567

By:

FANESSA V. RECORTE
Counsel for Defendant
IBP No:14566-1.03. 89- Bataan
PTR No: 01234-1.03.89-Bataan
Roll No: 45678

                                                                   NOTICE OF HEARING

ATTY. MARINEL L. VELMONTE
Counsel for Plaintiff
AKM Building
Dinalupihan Bataan

THE CLERK OF COURT

Regional Trial Court
Branch 5
Dinalupihan Bataan

GREETINGS:

           Please take notice that the undersigned counsel is submitting the foregoing motion for hearing
on November 15, 1989 at 8:30 in the morning or soon thereafter as counsel may be heard.

FANESSA V. RECORTE
Counsel for Defendant
IBP No:14566-1.03. 89- Bataan
PTR No: 01234-1.03.89-Bataan
Roll No: 45678
2nd Flr. Garcia Bldg.
Dinalupihan Bataan
Bataan Philippines
Tel No. 232-4567

COPY RECEIVED this 3th of November, 1989.

      

Atty. Marinel L. Velmonte

Counsel for Plaintiff
AKM Building
Dinalupihan Bataan
Tel No. 233 5436

Republic of the Philippines

 REGIONAL TRIAL COURT
Branch 5
Dinalupihan Bataan

ROMEO G. JARING
PLAINTIFF,

Civil Case No. 20-21

--versus-- For : Collection of Sum of

Money, Damages, and
Attorney’s Fees

SPOUSES PLACIDO ALIPIO

and PURITA ALIPIO, and
SPOUSES BIENVENIDO MANUEL
and REMEDIOS MANUEL
DEFENDANTS.

X---------------------------------------------------------------/

PRE-TRIAL BRIEF FOR PLAINTIFF

PLAINTIFF, by counsel, and to this Honorable Court, submits the following pre-trial brief:

I. BRIEF STATEMENT OF CLAIMS

1.1 Plaintiff seeks to recover from defendant Php 50,600 for the unpaid balance on the
second installment falling due on June 30, 1989 for the rental of the fishpond which defendant and her
husband together with the Manuel spouses contracted with plaintiff.

1.2 Defendants failed to pay Php 50,600 of the second installment despite repeated demands
made by the plaintiff.
1.3 Plaintiff is therefore asking the Honorable Court to order the defendant to pay the unpaid
balance including attorney’s fees, litigation expenses and such other reliefs just and equitable.

II. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT OR SUBMISSION

TO ALTERNATIVE MODES OF DISPUTE RESOLUTION

Plaintiff is open to any proposal for an amicable settlement of the dispute which may be explored
during mediation proceedings as required under the rules.

III. ADMITTED FACTS

Personal circumstances of the parties.

 Plaintiff is a lessee of the fishpond, a portion of which is subleased to defendants spouses Alipio and

Spouses Manuel. The stipulated amount of rent for the sublease was P485,600.00, payable in two

installments of P300,000.00 and P185,600.00, with the second installment falling due on June 30, 1989. That

defendant Alipio and her late husband Placido Alipio, together with Manuel spouses, signed the sublease

contract. That Placido Alipio, one of the parties to the sublease contract is already deceased.

IV. PROPOSED STIPULATION OF FACTS

Plaintiff proposed to stipulate on the allegation pertaining to the existence, genuineness and due
execution of the sublease contract.

A FACTUAL ISSUES

5.A.1. Whether plaintiff is authorized under his lease contract to sublease the said fishpond to
defendants.
5.A.2 Whether defendants were able to fully pay the rentals as agreed in their sublease contract .
5.A.3 Is there factual basis of defendant’s claim for damages against plaintiff?

B. LEGAL ISSUES

5.B.1 Whether defendant Purita Alipio is solidarily liable with Spouses Manuel to plaintiff Romeo
Jaring.
5. B.2. Whether plaintiff-creditor can file action against the surviving spouse of the deceased
debtor?

V. DOCUMENTS

Plaintiff will present the following documents in the course of trial:

1. Sublease Contract entered between Romeo Jaring as sublessor, and spouses Alipio and
Spouse Manuel as sublessees.(Annex B)
2. Machine copy of the Written demand made August 30, 1989. (Annex A).

3. Machine copy of the written demand made on September 30, 1989.(Annex C)

4. Contract of lease entered into between Romeo Jaring and Noel Tan. (Annex D)

Plaintiff reserves the right to present additional documents as may be necessary in the course of trial
and with prior leave of court.

VI. WITNESSES TO BE PRESENTED

Plaintiff will present the following witnesses:

 1. Noel Tan- He will testify on the existence and due execution of the contract of lease
affirm that plaintiff Romoe Jaring is authorized under the lease contract to sublease
the property in litigation.
2. Maricel Zamora- She will testify to the due execution and genuineness of the
sublease contract entered between plaintiff and defendants, she being one of the
witnesses during the contract signing.
3. Janet Lor-She will testify to the fact that defendant Purita Alipio made an admission
to her that Purita Alipio still has debt owing to plaintiff Jaring.
4. Neil Bacasmas- He will testify to the fact that an oral demand was made by plaintiff
to defendant Purita Alipio on September 15, 1989, defendant Alipio answering that
she cannot pay yet because she does not have money at that time.
Plaintiff reserves the right to present additional witness or witnesses as may be necessary in the
course of trial and with prior leave of court.

VII. LAWS AND JURISPRUDENCE

Civil Code Provisions governing solidary obligations

Civil Code Provisions on Damages

1997 Rules of Civil Procedure on Action on contractual money claims

VIII. TRIAL DATES

Trial dates may be agreed by the parties in open court and consistent with the Honorable Court’s
calendar.

RESPECTFULLY SUBMITTED.
February 10, 1990
Dinalupihan Bataan

      

MARINEL L. VEL MONTE

Counsel for Plaintiff
AKM Building
Dinalupihan Bataan
IBP No:13456-1.04.89- Bataan
PTR No: 0312345-1.04.89-Bataan
Roll No: 12345
Tel No. 233 5436

Copy furnished:
RECORTE, SALAS and GARDE LAW OFFICES
2nd Flr. Garcia Bldg.
Dinalupihan Bataan
Bataan Philippines
Tel No. 232-4567

By:

FANESSA V. RECORTE
Counsel for Defendant
IBP No:14566-1.03. 89- Bataan
PTR No: 01234-1.03.89-Bataan
Roll No: 45678

Republic of the Philippines

 Branch 5
Dinalupihan Bataan

ROMEO G. JARING
PLAINTIFF,

Civil Case No. 20-21

--versus-- For : Collection of Sum of

Money, Damages, and
Attorney’s Fees

SPOUSES PLACIDO ALIPIO

and PURITA ALIPIO, and
SPOUSES BIENVENIDO MANUEL
and REMEDIOS MANUEL
DEFENDANTS.

X---------------------------------------------------------------/

NOTICE OF APPEAL

DEFENDANT, by counsel, files this NOTICE OF APPEAL from the Decision of this Honorable
Court dated, February 03, 1990, a copy of which was received by defendant on February 7, 1990, and
appeals the same to the Regional Trial Court on questions of law and facts.

RESPECTFULLY SUBMITTED.
Dinapihan Bataan
February 10, 1990

RECORTE, SALAS and GARDE LAW OFFICES

2nd Flr. Garcia Bldg.
Dinalupihan Bataan
Bataan Philippines
Tel No. 232-4567

By:

FANESSA V. RECORTE
Counsel for Defendant
IBP No:14566-1.03. 89- Bataan
PTR No: 01234-1.03.89-Bataan
Roll No: 45678

Copy furnished by registered mail by

reason of lack of personnel:

Atty Marinel L. Velmonte

Counsel for Plaintiff
AKM Building
Dinalupihan Bataan

Republic of the Philippines

 REGIONAL TRIAL COURT
Branch 5
Dinalupihan Bataan

ROMEO G. JARING
PLAINTIFF,

Civil Case No. 20-21

--versus-- For : Collection of Sum of

Money, Damages, and
Attorney’s Fees

SPOUSES PLACIDO ALIPIO

and PURITA ALIPIO, and
SPOUSES BIENVENIDO MANUEL
and REMEDIOS MANUEL
DEFENDANTS.

X---------------------------------------------------------------/

ENTRY OF APPEARANCE

Undersigned counsel, to this Honorable Court, respectfully enters his appearance as counsel for the
plaintiff in the above-entitled case.

Henceforth, request is hereby made that he be furnished with all notices and other processes
emanating from this Honorable Court as well as all pleadings and motions by the private respondents that are
required to be served to petitioners relative to the above-entitled case.

RESPECTFULLY SUBMITTED.
Dinalupihan Bataan
February 9, 1990

Atty. Marinel L. Velmonte

Counsel for Plaintiff
IBP No:13456-1.04.89- Bataan
PTR No: 0312345-1.04.89-Bataan
Roll No: 12345
Tel No. 233 5436

Copy furnished:
FANESSA V. RECORTE
Counsel for Defendant
2nd Flr. Garcia Bldg.
Dinalupihan Bataan
Bataan Philippines
Tel No. 232-4567
IBP No:14566-1.03. 89- Bataan
PTR No: 01234-1.03.89-Bataan
Roll No: 45678

CLERK OF COURT
RTC, Branch 5
Dinalupihan Bataan

Republic of the Philippines

REGIONAL TRIAL COURT
 Branch 5
Dinalupihan Bataan

ROMEO G. JARING
PLAINTIFF,

Civil Case No. 20-21

--versus-- For : Collection of Sum of

Money, Damages, and
Attorney’s Fees

SPOUSES PLACIDO ALIPIO

and PURITA ALIPIO, and
SPOUSES BIENVENIDO MANUEL
and REMEDIOS MANUEL
DEFENDANTS.

X---------------------------------------------------------------/

MOTION FOR EXECUTION OF JUDGMENT

Plaintiff, through undersigned counsel and to this Honorable Court respectfully alleges:

Thad judgment was rendered by this Honorable Court in favor of the plaintiff on May 10, 1990.

That said judgment was duly received by defendant on May 13, 1990 as shown in the registry return

card.

That up to the present, the defendant had not filed any motion for reconsideration or had appealed

from said decision, hence the decision has become final and executory.

WHEREFORE, it is respectfully prayed that an order be issued by this Honorable Court for a writ of

execution of said judgment.

May 30, 1990. Dinalupihan Bataan.

 MARINEL L. VELMONTE
Counsel for Plaintiff
IBP No:13456-1.04.89- Bataan
PTR No: 0312345-1.04.89-Bataan
Roll No: 12345
Tel No. 233 5436
 Republic of the Philippines
REGIONAL TRIAL COURT
Branch 5
Dinalupihan Bataan

ROMEO G. JARING
PLAINTIFF,

Civil Case No. 20-21

--versus-- For : Collection of Sum of

Money, Damages, and
Attorney’s Fees

SPOUSES PLACIDO ALIPIO

and PURITA ALIPIO, and
SPOUSES BIENVENIDO MANUEL
and REMEDIOS MANUEL
DEFENDANTS.

X---------------------------------------------------------------/

FORMAL OFFER OF EXHIBITS

for the plaintiff

COMES NOW, the plaintiff by the undersigned counsel, consequential of the hearing on March 10,
1990, with the testimony of Marina Chavez OIC, Clerk of Court, Regional Trial Court, Branch 5,
Dinalupihan Bataan, that the court records presented and identified in open court hereof are authentic and
duly executed, unto this Honorable Court most respectfully submit this OFFER OF EXHIBITS by way of
DOCUMENTARY EXHIBITS, listed in PLAINTIFF’s PRE-TRIAL BRIEF, with this Honorable Court on
February 10, 1990, vis a vis:

EXHIBIT DESCRIPTION PURPOSE

Annex “A” Machine copy of the Written demand made To show that plaintiff made a
August 30, 1989. written demand for collection
against defendant on August 30,
1989
Annex “B” Sublease Contract entered between Romeo To show that defendant Purita
Jaring as sublessor, and spouses Alipio and Alipio is one of the pary to the
Spouse Manuel as sublessees sublease contract, obligating
herself together with spouses
Manuel to pay the stipulated rent.
Annex “C” Machine copy of the written demand made on To show that plaintiff made
September 30, 1989. another written demand letter to
defendant on September 30, 1989.
Annex “D” Contract of lease entered into between Romeo To show that plaintiff Jaring is
Jaring and Noel Tan authorized under his lease contract
to sublease the fishpond

With the foregoing, plaintiff humbly peas that all these judicial documents, with appropriate markings,
Aneexes “A”, “B”, “C|, and “D” offered as evidence for plaintiff Romeo Jaring, be admitted in support of
plaintiff’s claim for collection of the unpaid balance for the rent of fishpond, and for the damages suffered by
plaintiff. With the admission of Annexes “A” to “D”, plaintiff Romeo Jaring rests its case, with further
prayer for such other relief and remedy, as in EQUITY and JUSTICE proceed.
RESPECTFULLY SUBMITTED,
February, 20, 1990
Dinalupihan Bataan

MARINEL L. VEL MONTE

Counsel for Plaintiff
AKM Building
Dinalupihan Bataan
IBP No:13456-1.04.89- Bataan
PTR No: 0312345-1.04.89-Bataan
Roll No: 12345
Tel No. 233 5436

Copy furnished Attorney for the defendant

Copy furnished by registered mail by reason of lack of personnel:

FANESSA V. RECORTE
Counsel for Defendant
2nd Flr. Garcia Bldg.
Dinalupihan Bataan
Bataan Philippines
Tel No. 232-4567

PURITA ALIPIO
Barito, Mabuco, Hermosa, Bataan

Republic of the Philippines )

Dinalupihan Bataan ) S.S.

AFFIDAVIT OF SERVICE BY REGISTERED MAIL

I, Jose Maciling, of legal age, Filipino, with official address at 2 nd Floor AKM Bldg, Dinalupihan
Bataan, after having been sworn to in accordance with law, hereby depose and say:
That I am the messenger of Atty. Marinel L. Velmonte counsel of Romeo Jaring in the case entitled
“Jaring vs Spouses Purita and Placido Alipio and Spouse Bienvenido and Remedios Manuel, defendants”
Civil Case No. 20-21;
That I had served upon the counsel of adverse party and other parties, the pleading filed in said case
is as follows: Atty. Fanessa Recorte, counsel for defendant by registered mail by depositing the copy in the
post office in sealed envelope, plainly addressed to the party or counsel at his office, with postage fully
prepaid as shown by the Registry Receipt No. 112 dated February 20, 1990 of the post office of Dinalupihan
Bataan.
Purita Alipio, defendant by registered mail as evidenced by Registry Receipt No. 113 dated February
20, 1990 of the post office of Dinalupihan Bataan.
IN WITNESS WHEREOF, I have signed this affidavit this 20th of February, 1990 at Dinalupihan
Bataan.

Jose Maciling

JURAT

SUBSCRIBED AND SWORN TO before me this 20th day of February, in Dinalupihan Bataan,
affiant exhibited to me his SSS No. 1234 as evidence of his identity and presented his CTC No. 1909 on
January 1, 1990 issued at Dinalupihan Bataan.

Atty. Mark Herras

Notary Public of Dinalupihan Bataan
Until Dec. 31, 1990
Notarial Commission No. 3214
PTR No. 13245/ Bataan/ 1-2-90
IBP No.2345 Bataan/ 1-2-90
Lodama Heights Dinalupihan Bataan

Doc. No. _______

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