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Republic of the Philippines

REGIONAL TRIAL COURT
6th Judicial Region
Branch 67
Guimbal, Iloilo

REPUBLIC OF THE PHILIPPINES CIVL CASE NO. 437

Represented by the Regional
Executive Director, Department F O R: CANCELATION OF TITLE
Of Environment and Natural AND REVERSION
Resources (DENR), Region VI,
Iloilo City,

Plaintiff,

-versus-

HEIRS OF MARIANO TORIANDO,

Et. Al.,
Defendants.

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

VERY URGENT MOTION FOR LEAVE OF COURT TO INTERVENE IN

THE ACTION AND TO HOLD IN ABEYANCE PRE-TRIAL PENDING
PROOF OF SERVICE OF SUMMONS TO ALL THE DEFENDANTS

MOVANT through counsel and to this Honorable Court most

respectfully states:
1. That she is one (1) of the daughters and among the heirs of the
late Juvenal Toriado who were named as defendants in this case. As proof
of movant’s filiation to the late Juvenal Toriado, a copy of the movant’s
Baptismal Certificate is hereto attached and marked as Annex “A” and
made an integral part hereof;
2. That having shown that the movant is a person who has a legal
interest in the matter in litigation, it is respectfully moved with leave of
this Honorable Court that movant be allowed to intervene in this action;
3. That movant obtained a copy of the Amended Notice of Pre-Trial
issued by this Honorable Court dated March 1, 2022 setting the Pre-Trial
of the above entitled case on March 22, 2022 at 8:30 o’clock in the
morning;
4. That among the parties cited in the said Amended Notice of Pre-
Trial are the Heirs of Jovenal T. Toriado. The movant contends that for this
case to move forward to the pre-trial stage, among others, the heirs of
Jovenal T. Toriado must be individually identified and be duly and lawfully
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served with summons through personal service or by substituted service

or service by publication;
5. That under Section 1, Rule 3 of the Rules of Court only natural or
juridical persons or entities authorized by law may be parties to a civil
action. The Heirs of Jovenal T. Toriado as defendants do not fall within the
category of natural or juridical persons as contemplated by law to institute
or defend civil actions. In the case of Heirs of Mesina of Mesina v. Heirs of
Fian, Sr. (G.R. No. 201816, April 8, 2013, the Supreme Court stated in
unambiguous terms, to wit:
“the Rules of Court is explicit that only natural or juridical
persons or entities authorized by law may be parties in a civil
action (Section 1, Rule 3, Revised Rules of Court). Certainl, the
Heirs of Faustino S. Mesina and Genoveva S. Mesina
represented by Norman Mesina as plaintiffs as well as the Heirs
of Domingo Fian, Sr. represented by Theresa Fian Yray as
defendants, do not fall within the category as natural or
juridical persons as contemplated by law to institute or defend
civil actions. Said heirs not having been individually named
could not be the real parties in interest.”

5. That to aid the plaintiff and the Honorable Court to identify the
other heirs of Jovenal T. Toriado, in order to facilitate the service of
summons to them individually, hereunder listed are their names and their
addresses, as follows:
5.1. Jhoneson T. Toriado, Las Piñas City, Metro Manila
5.2. Teresita Toriado Cunda, St. Anthony, Daang Batang Multi, Sucat,
Parañaque City, Metro Manila
5.3. Jovenal T. Toriado, Jr., Angono, Rizal
5.4. Nenita Toriado Dal, St. Anthony, Daang Batang Multi, Sucat, Parañaque
City, Metro Manila
5.5. Eduardo T. Toriado, Brgy. Candalaga, Bayawan, Negros Oriental
5.6. Liezel Toriado Manzano, Lingayen Pangasinan;
6. That movant further moves that the Pre-Trial Conference of this
case which is scheduled on March 22, at 8:30 o’clock in the morning be
held on abeyance until this motion will be ruled upon by this Honorable
Court and when all the other heirs of Jovenal T. Toriado, the heirs of
Raymunda Toriado Sia and the Heirs of Rufina Toriado Grasparil who were
also named as defendants in this case shall be identified and be properly
served with summons individually;
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7. That it is incumbent upon the plaintiff to individually identify the

heirs of Raymunda Toriado Sia and the Heirs of Rufina Toriado Grasparil
and duly serve them with summons;
8. That the legal defect, deficiency or omission on the part of the
plaintiff to name and identify the the heirs of Raymunda Toriado Sia and
the Heirs of Rufina Toriado Grasparil would cause the non-joinder of
indispensable parties. In the same case of Heirs of Mesina vs. Heirs of
Fian, Sr. previously cited in paragraph 5 herein, non-joinder was defined
as the “failure to bring a person who is a necessary party or in this
case an indispensable party into a lawsuit”. An indispensable party,
on the other hand, is a party-in-interest whom no final determination can
be had of the action, and shall be joined in the action either as a plaintiff
or defendant;
9. The failure to implead indispensible parties such as the heirs of
Raymunda Toriado Sia and the Heirs of Rufina Toriado Grasparil is a legal
obstacle or impediment or defect to the trial court’s full exercise of its
jurisdictional and judicial powers over the case and any order or judgment
that the trial court may issue, if not a nullity, will always be open to
question and there will no final determination of this case in view of the
absence of the other indispensable parties.
WHEREFORE, premises considered it is most respectfully prayed of
this Honorable Court that the movant be allowed to intervene in this case
and that the Pre-Trial of this case scheduled on March 22, 2022 at 8:30 in
the morning be held in abeyance until all heirs of Raymunda Toriado Sia
and the Heirs of Rufina Toriado Grasparil will be served with summons and
have filed their responsive pleadings.
Iloilo City, Philippines for Guimbal, Iloilo Philippines, March 14,
2022.

ATTY. RENE S. SARABIA

Counsel for Movant Elsa Toriado Cambronero
G/F NO. 394 E. Lopez Street, Jaro, Iloilo City
IBP Rec. No. 01886/ Jan. 4, 2022/Iloilo City
PTR. No. 7700480 /Jan. 5, 2022/Iloilo City
Roll of Attorneys No. 34796
MCLE Completion No. VI-0030213/Valid Until April 14, 2022
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VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

Republic of the Philippines)

City of Iloilo ) S.S.
x---------------x

I, ELSA TORIADO CAMBRONERO of legal age, married and

a resident of Brgy. Cordova Sur, Tigbauan, Iloilo, under oath
declare:

That I have caused the preparation of this Very Urgent Motion

for Leave of Court to Intervene in this Action and To Hold in
Abeyance the Pre-Trial Conference Pending Proof of Service
Summons to All the Defendants;

That I have read and understood the contents thereof and the
allegations contained therein are true and correct of my own
knowledge and belief based on authentic records;

That I have not commenced any other action or proceeding

involving the same issues in the Supreme Court, the Court of
Appeals or any tribunal or agency;

That no such action or proceeding is pending in the Supreme

Court, or different divisions thereof or the Court of Appeals or
different divisions thereof or any tribunal or agency;

That I hereby undertake to notify this Honorable Court within

five (5) days from notice should I thereafter learn that similar action
or proceeding has been filed or is pending before this Honorable
Court or different division thereof or any other tribunal or agency.

ELSA TORIADO CAMBRONERO

SUBSCRIBED AND SWORN TO before me this ___ day of

March 2022 at Iloilo City, Philippines, affiant showing to me her
Valid ID: Voter’s Identification No. VIN-30450-0115A-A-2065-E-T-C-
20001-1 as competent proof of her identity.

Doc No. ___;

Page No. ___;
Book No. ___;
Series of 2022
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THE CLERK OF COURT

Regional Trial Court
Branch 67
Guimbal, Iloilo

ATTY. FRANCIS GLENN S. ARCETA

OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legaspi Village
1229 Makati City, Philippines

G R E E T I N G S:

Please take notice that this Motion will be submitted for

consideration and resolution of the Honorable Court on August 9,
2022 at 8:30 o’clock in the morning.

ATTY. RENE S. SARABIA

Copy furnished by registered mail/courier service:

ATTY. FRANCIS GLENN S. ARCETA

OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legaspi Village
1229 Makati City, Philippines

Reg. Rec. No./LBC Rec. No. : _____________

Date of Reg./LBC Rec. No.: _______________

THE CLERK OF COURT

Regional Trial Court
Branch 67
Guimbal, Iloilo

Reg. Rec. No./LBC Rec. No.: _____________

Date of Reg./LBC Rec. No. : _______________

EXPLANATION

This foregoing Motion for Leave of Court to Intervene in the Action

and to Hold in Abeyance Pre-Trial Pending Proof of Service of Summons to
All the Defendants is being served and filed by registered mail/courier
service due to the distance of the office of the Counsel for the Movant in
Iloilo City with the Offices of the Solicitor General in Makati City and the
office of the Honorable Court in Guimbal, Iloilo and further due the
COVID-19 pandemic restrictions.

RENE S. SARABIA
Counsel for Movant Elsa Toriado Cambronero
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