Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
Branch 26
San Fernando City, La Union

IN THE MATTER OF THE PETITION FOR THE ISSUANCE OF

ADMINISTRATION, SETTLEMENT, AND DISTRIBUTION OF ASSETS OF
THE INTESTATE ESTATE OF TEODORO N. SALANGA, JR.

EDMER T. SALANGA,
Petitioner,

-versus- SPECIAL PROCEEDING NO. 3404

THI PHUONG LOAN SALANGA,

Oppositor.
X- - - - - - - - - - - - - - - - - - - - - - -X

MANIFESTATION WITH MOTION FOR ISSUANCE OF ORDER TO

COMPEL PETITIONER TO COMPLY WITH THE ORDER OF THE
HONORABLE COURT DATED DECEMBER 22, 2021
(RE: STATUS QUO ANTE ORDER)

OPPOSITOR, through the undersigned counsel unto this Honorable

Court, respectfully manifests and moves:

1. That on December 06, 2021, herein oppositor THI PHUONG LOAN

SALANGA filed her Manifestation with Motion for the Issuance of
Status Quo Ante Order alleging among others petitioner’s action of
illegally trespassing her dwelling unit at the Salanga building and
subsequently was dispossessed and disallowed entry to her dwelling
unit last November 22, 2021 when she came back home and with
instructions to the building security guard hired by the petitioner not
to allow entry of the oppositor to the Salanga building;

2. That her expulsion from her dwelling unit was accompanied by

petitioner’s illegal trespass and removal of all her personal belongings
and everything inside her room without her consent, knowledge, and
presence;

3. That as a result, herein oppositor filed a manifestation with motion

before the Honorable Court for the issuance of a Status Quo Ante
Order which the Honorable Court found meritorious considering that
herein Oppositor is a co-owner/heir in the estate of her late husband,
Teodoro Salanga, Jr.
Special Proceeding No. 3404 - Manifestation with Motion for Issuance of Order to Compel
Petitioner to Comply with the Order of the Honorable Court dated December 22, 2021
[Date]
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 4. The Honorable Court in its ORDER granting Oppositor’s motion
decreed:

“xxx.
“ACCORDINGLY, a Status Quo Ante Order is issued,
EFFECTIVE IMMEDIATELY and shall continue to take into effect
until further orders from this Court, ordering the son of oppositor
and herein petitioner EDMER T. SALANGA, his agents,
representatives, or any person acting in his place and stead to:

1. To maintain the status quo prevailing before November

22, 2021 and restore to his mother, oppositor herein, Thi
Phuong Salanga a.k.a. Marie Kim Salanga her possession
of her dwelling place/unit at the Salanga Building,
Catbangen, San Fernando City, La Union and RESPECT her
rights and privileges appurtenant to such possession; AND

2. To restore the electricity and water supply in the said

dwelling place and return all her personal belongings
removed from said unit.

SO ORDERED.”

xxx.”

5. That before Christmas, on December 23, 2021 she went to the

Salanga Building attempting to implement the ORDER of the
Honorable Court but found nobody manning the entrance to the
building and the door was locked, so she decided to just come back
another day and subsequently on December 28, 2021 she returned to
the building only to be denied entry by the guard upon orders of the
petitioner;

6. That even with the company of police officers from the San Fernando
City Police Office assigned at the Junction PCP and barangay officials
of Brgy. Catbangen, San Fernando City, La Union who went with her
in attempting to enforce the Order of the Honorable Court, herein
oppositor was denied entry from her own building property by the
security guard assigned that day;

(Copy of the Police Report relating to the incident on November 22,

2021 is attached herewith as Annex “A” and made integral part hereof).

7. That the petitioner who was not in the building that time was called
upon through telephone by the guard on duty and was able to talk to
one of the police officer who accompanied herein oppositor and
demanded that they leave the premises and that entry of the oppositor
could not be had because according to him, “he filed through his
counsel a Motion for Reconsideration; and therefore, the Status Quo
Ante Order by the Honorable Court could not be enforced;”

8. That after a long and tedious discussions and arguments with the
guard who was all the time under instructions from the petitioner over
the phone, herein oppositor could not enforce the Status Quo Ante
Special Proceeding No. 3404 - Manifestation with Motion for Issuance of Order to Compel
Petitioner to Comply with the Order of the Honorable Court dated December 22, 2021
[Date]
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 Order as decreed by the Honorable Court and peacefully left the
building.

PRAYER

FOREGOING PREMISES considered, herein Oppositor respectfully and

humbly PRAYS for the intercession of the Honorable Court and MOVES for the
issuance of an ORDER to:

1. REITERATE its Status Quo Ante Order and to inform the petitioner
that the order is immediately enforceable;

2. COMPEL the petitioner to OBEY and RESPECT the Order of the

Honorable Court to:

2.a. MAINTAIN the status quo prevailing before November

22, 2021 and restore to his mother, oppositor herein, Thi Phuong
Salanga a.k.a. Marie Kim Salanga her possession of her dwelling
place/unit at the Salanga Building, Catbangen, San Fernando City, La
Union and RESPECT her rights and privileges appurtenant to such
possession;

2.b. RESTORE the electricity and water supply in the said

dwelling place and return all her personal belongings removed from
said unit;

3. ALLOW oppositor’s safe and unimpeded entry at all times to the

Salanga Building and to her dwelling unit including that of her visitors
(e.g. friends, counsel, workers, et al.)

Other reliefs just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED

San Juan, La Union for San Fernando City, La Union, Philippines this
10 day of January, 2022.
th

MOSUELA - GONZALES & ASSOCIATES LAW OFFICES

Counsel for the Oppositor
Unit 1 San Juan LGU Multi-Purpose Center
Santa Rosa de Lima Street, Ili Sur, San Juan, 2514 La Union

By:
JAIME C. GONZALES, JR.
IBP Roll No. 68552, May 29, 2017
IBP O.R. No. 122362, January 05, 2021 (LU CHAPTER)
PTR No. LU 5453746, January 04, 2021
MCLE Comp. No. VI-0007263, valid until April 14, 2022
CP No. 0917 518 2410 / E-mail Address: jrangel60820@gmail.com
NOTICE OF HEARING

Special Proceeding No. 3404 - Manifestation with Motion for Issuance of Order to Compel
Petitioner to Comply with the Order of the Honorable Court dated December 22, 2021
[Date]
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THE CLERK OF COURT
Regional Trial Court – Branch 26
San Fernando City, La Union

G R E E T I N G S!

Kindly submit to the Honorable Court the foregoing Manifestation with

Motion for Issuance of Order to Compel Petitioner to Comply with the Order of the
Honorable Court dated December 22, 2021 for its consideration and resolution
on the next scheduled hearing date - January 13, 2022 at 9:00 o’clock in the
morning via face to face hearing.

JAIME C. GONZALES, JR.

COPY FURNISHED:

ATTY. GAMALIEL TAQUED (via electronic mail – attygam@gmail.com)

#1 Rizal Ave., Brgy. Ilocanos Sur
San Fernando City, 2500 La Union

ACP ROBERT FANGAYEN, JR. (Personal Service)

City Prosecutor’s Office
RTC Compound, Sevilla
San Fernando City, 2500 La Union

Please take notice that Oppositor’s counsel has requested for the
consideration and approval of this Manifestation with Motion on January 13,
2022 via face to face hearing before the Regional Trial Court – Branch 26 at
9:00 o’clock in the morning.

Copies of the foregoing Manifestation with Motion was also furnished to

the Atty. Gamaliel Taqued via registered mail with return card due to distance
and lack of delivery staff to make personal delivery.

JAIME C. GONZALES, JR.

Special Proceeding No. 3404 - Manifestation with Motion for Issuance of Order to Compel
Petitioner to Comply with the Order of the Honorable Court dated December 22, 2021
[Date]
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