Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
City of Makati, Branch 132

WILLY S. FLORES, ET AL.,

Plaintiffs,

- versus - CIVIL CASE NO. 15-440

ELVIRA L. DASIGAN, ET AL.,

Defendants.
x--------------------------------------------------x

VIGOROUS OPPOSITION
(TO: PLAINTIFFS’ MOTION TO ENJOIN DEFENDANTS DEEPAK
DAVE SAHIJWANI AND YOGESH DAVE SAHIJWANI FROM
RENTING OUT THE SUBJECT LOT DATED 31 MARCH 2016)

Defendants Deepak Dave Sahijwani and Yogesh Dave

Sahijwani (collectively “Sahijwanis”), by counsel, vigorously oppose
Plaintiffs’ Motion to Enjoin Defendants Deepak Dave Sahijwani and
Yogesh Dave Sahijwani from renting out the subject lot dated 31
March 2016 (“Plaintiffs’ Motion to Enjoin Defendants Sahijwanis”),
and state:

I.

CONTRARY TO THE MANIFESTLY FALLACIOUS

ASSEVERATION OF PLAINTIFFS, DEFENDANTS
ARE NOT, IN ANY WAY, RENTING OUT THE
SUBJECT PROPERTY TO AN ALLEGED JEEPNEY
ASSOCIATION, MUCH LESS, DERIVING ANY
INCOME THEREFROM. IN FACT, PLAINTIFFS’
PALPABLY UNFOUNDED CLAIM IS BELIED BY THE
HAND-WRITTEN DECLARATION OF THE
PRESIDENT OF THE ALLEGED JEEPNEY
ASSOCIATION AS VALIDATED AND SIGNED BY
SEVEN (7) OF ITS OFFICERS/MEMBERS DATED 28
APRIL 2016.

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 1. Plaintiffs aver, albeit palpably fallacious, “that recently,
plaintiffs’ Atty-In-Fact Glenda M. Flores discovered that the subject lot
consisting of total area of three hundred ninety (390) Square Meters is being
rented out by the Sahijwanis to a Jeepney Association as parking area for the
in and out of jeepneys. Attached are pictures taken by the Atty-In-Fact of
the subject lot with jeepneys parked therein marked hereto as Annexes “A,
A-1 to A-2”.”

2. Other than Plaintiffs’ unsubstantiated and self-serving

allegation, Plaintiffs did not present any iota of proof to establish
their manifestly erroneous claim that Defendants Sahijwanis are
renting out the subject lot consisting of three hundred ninety (390)
square meters (the “Subject Property”) to a Jeepney Association.

3. The attached pictures by themselves do not suffice to

support or prove Plaintiffs’ malicious allegation. If at all, these
pictures clearly show the existence of jeepneys parked in the said
property.

4. Defendant Sahijwanis were even surprised to have found

out that jeepneys are parked in the Subject Property, much more
surprised that Plaintiffs filed this instant baseless Motion implying
that they have been deriving income from the Jeepney Association’s
occupation therein.

5. In order to traverse and rectify this manifestly erroneous

asseveration of Plaintiffs, on 28 April 2016, Defendant Sahijwanis,
through the undersigned Counsel, even went to the Subject Property
to gather information from the drivers of the Jeepney Association.

6. Undersigned counsel showed to the President of the

Jeepney Association Plaintiffs’ Motion to Enjoin Defendants
Sahijwanis, and after reading the same, the President of the Jeepney
Association said in his own words, “Hindi po totoo yan.”

7. To prove that Plaintiffs’ malicious insinuations are

outright baseless and unfounded, the Jeepney Association’s President
made a hand-written declaration,1 which was validated and signed
by seven (7) other officers/members, the entire declaration is
reproduced as follows:

1
Please see original copy of the Jeepney Association’s hand-written declaration attached
hereto as Annex “1.”

2
 “Ako si Roberto Macalalad, Pangulo ng Jeep Ass.
Dinedeklara ko na kami po rito ay hindi umupa. Na
itong dating Caltex na ngayon ay bakanteng Lote na.

Nangangako kami na kong sakaling kailanganin ito

ng ng may-ari ay dagliang aalis ang aming mga jeep.

Noong nakaraan linggo ay may nagpunta na nag

ngangalang Mrs. Flores na nagpakilala na isa ang asawa
nya sa may-ari dito sa lote.

At akoy nakiusap na kami ay makaparada ng

panandalian. Upang hindi mababoy ang lugar nya.

At sabi nya ay huwag lang kaming papasuk sa

transaksyon na kami ay uupa dito sa lote at baka daw ay
makasuhan.

Kami po ay walang benabayarang upa sa loteng

ito.

Ito po ay kusang loob naming isinulat ng walang

pag-aalinlanagan.2

(Sgd)
Roberto Macalalad
(Sgd) PADODA President
Wilmar Celino
Treasurer (Sgd)
Wilson Gonzales
(Sgd) Vice-President
Jose Morata
Member Driver
(Sgd)
(Sgd)
Wilfred Dueñas
Peril Himpit
Chairman of the Board
Member Driver

(Sgd)
Leoncio Alcontin (Sgd)
Member Driver Sammiro G. Dela Fuente
Sgrt. At Arms”

2
Emphasis ours.

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 8. The afore-cited hand-written declaration by the Jeepney
Association speaks for itself and is loaded with material facts.

9. First. The Jeepney Association is not renting out the

Subject Property.

10. Second. The Jeepney Association promises to leave the

premises in case the owners of the Subject Property require its
jeepneys to vacate the Subject Property.

11. Third. The Jeepney Association’s President even asked

permission from Plaintiffs’ Attorney-in-fact, Mrs. Flores, to let the
said Association park its jeepneys for a short period of time.

12. Fourth. Plaintiffs’ Attorney-in-fact, Mrs. Flores, herself

knew that the Jeepney Association is not renting out the Subject
Property. Further, she even advised the drivers not to enter in any
rent/lease transaction, or they might be sued.

13. Fifth. The hand-written declaration was voluntarily and

knowingly executed and signed by the drivers of the Jeepney
Association.

14. Worse, Plaintiffs made it appear that Defendant

Sahijwanis are renting out the Subject Property to the Jeepney
Association when such is not the case, as competently and irrefutably
established by the foregoing hand-written declaration.

15. Thus, Plaintiffs’ fallacious and malicious insinuation is

bereft of any merit.

II.
CONSIDERING THE HAND-WRITTEN
DECLARATION OF THE JEEPNEY ASSOCIATION,
PLAINTIFFS’ PALPABLY ERRONEOUS CLAIM OF

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 ALLEGED DAMAGE AND PREJUDICE IS
CONJECTURAL, IF NOT OUTRIGHT BASELESS
AND UNFOUNDED.

16. In Plaintiffs’ vain attempt to mislead this Honorable

Court, declared that “it is unfair for herein plaintiffs if defendants will
continue to have it rented while the case is pending, since they will be
earning money to the damage and prejudice of herein plaintiffs who are part
owners of the subject lot.”

17. Further, Plaintiffs even prayed of the Honorable Court to

divulge Defendants’ alleged income from the purported renting out
of the subject property to the Jeepney Association.

18. To emphasize, the alleged renting out of the Subject

Property to the Jeepney Association is competently and clearly
established to be false.

19. Even assuming arguendo that Defendants Sahijwanis are

allowing the alleged Jeepney Association to park its jeepneys in the
said subject lot, still, Plaintiffs will suffer no damage or prejudice
therefrom since the said Jeepney Association’s occupation therein is
incontestably and irrefutably established for free.

20. Hence, what income is there to divulge when the Jeepney

Association is in no way renting the said Subject Property?

21. Ineluctably, Plaintiffs’ allegation of damage and

prejudice is conjectural, if not outright baseless and unfounded.

22. Considering the foregoing, it is most respectfully prayed

that Plaintiffs’ Motion to Enjoin Defendants Sahijwanis be outrightly
dismissed for utter lack of merit.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of the Honorable Court that Plantiffs’ Motion to Enjoin
Defendants Sahijwanis be DISMISSED for utter lack of merit.

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 Defendant Sahijwanis pray for such further or other reliefs as
may be deemed just and equitable in the premises.

Makati City for Makati City, 29 April 2016.

UBANO SIANGHIO LOZADA & CABANTAC

Counsel for Defendants Sahijwanis
5 Floor, COCOFED Bldg., 144 Amorsolo St.
th

Legaspi Village, Makati City, 1229 Metro Manila

Tel.: (632) 813-1836, 813-4477, 893-6946
bp_lozada@usllaw.com.ph

By:

BENJAMIN P. LOZADA, III

PTR No. 5323984; 01/05/2016; Makati City
IBP Life Member No. 05554; 01/03/06; Capiz
Roll of Attorney’s No. 45977
MCLE Compliance No. IV-0010885; 12/28/12

MARIAN R. YANES
PTR No. 4824821; 03/02/2016; Makati City
IBP Life Member No. 013902; 06/08/2015; Pangasinan
Roll of Attorney’s No. 63414
MCLE Compliance No. V-0002829; 04/15/13

Copy Furnished:
ATTY. ELENA P. TEC-RODRIGUEZ
Counsel for the Plaintiffs
402 Rodriguez Compound II,
Aurenina Village, Sucat, Paranaque
MRY/Dave Sahijwani/Flores v. Dasigan 5.0897/Flores v. Dasigan_Opposition to Motion/