Republic of the Philippines

MUNICIPAL TRIAL COURT

10th Judicial Region
Buenavista, Agusan del Norte

HEIRS OF VICENTE SORIANO

AND TILLOPE BOAQUEŃA, CIVIL CASE NO. 712
As Rep. by Imelda Boaqueńa-Rosal,
Plaintiffs, FOR: “ANNULMENT AND
CANCELLATION OF
OCT NO. P-16279 OR
KOT BLG. 130101-03-
5218, RECOVERY OF
POSSESSION, DAMAGES,
ATTY’S FEES, COST, AND
- versus - EXPENSES OF SUIT”

SAMUEL M. CLARO, and

REGISTER OF DEEDS OF
AGUSAN DEL NORTE,
Defendants.
x--------------------------/

OPPOSITION TO THE MOTION FOR WRIT OF DEMOLITION

Private defendant, by counsel, and unto this Honorable Court, most

respectfully state:

1. A copy of the Order dated 25th day of September 2023 was relayed to
the undersigned counsel on September 29, 2023 setting a hearing of
the Motion for Writ of Demolition on October 19, 2023 at 1:30 pm.

2. Private defendant asserts that demolition of his property may not be

just.

3. In Rubio v. MTCC (G.R. No. 87110, January 24, 1996), the Court held:

“The rule that once a judgment has become final and executory, it is the
ministerial duty of the courts to order its execution, is not absolute but
admits of certain exceptions, as in cases of special and exceptional
nature where it becomes imperative in the higher interest of justice
to suspend its execution; or whenever it is necessary to accomplish the
aims of justice or when certain facts and circumstances transpired

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 after the judgment became final which render the execution of the
judgment impossible or unjust.” (emphasis added)

4. On July 28, 2023, private defendant and other residents-occupants of

a portion of Lot No. 1344 who have also acquired ownership from the
from the heirs of Lucas Balansag filed a perjury case against the
plaintiffs of this instant case. Please refer to the attached endorsement
to the Provincial Prosecution Office – Agusan del Norte.

5. In can be recalled that on December 28, 2018, plaintiffs executed a

verified complaint before Municipal Trial Court, Buenavista, Agusan
del Norte. It was docketed as Civil Case No. 712 entitled Heirs of
Vicente Soriano and Tillope Boaqueńa as represented by Imelda
Boaqueńa-Rosal vs. Samuel M. Claro and Registry of Deeds of
Agusan del Norte for Annulment and Cancellation of OCT No. P-
16279 as KOT Blg. 130101-03-5218, Recovery of Possession, etc.

6. In Paragraph 4 of the Complaint, they alleged the following

statements of material facts under oath:

“4. That the principal heirs, namely, Anastacia Boaqueńa-Manugay, Elena

Boaqueńa-Mascosa, the Heirs of Marcelo Boaqueńa Sr., namely Leoncio,
Danilo, Marcelo Jr., Luzviminda, Vicky, and Alan, all surnamed Boaqueńa,
and the heirs of Encarnacion Boaqueńa – Lagura, represented by Conrado C.
Lagura, all of legal age, and residents of Buenavista Agusan del Norte, and
all are represented by IMELDA BOAQUEŃA -ROSAL as their Attorney-
in-Fact, are all occupying the land continuously, uninterruptedly,
publicly, adversely and in the concept of an owners. xxxxx”
(emphasis added)

7. However, after the judgment of this instant case became final and
executory and a writ of execution has been issued by the Honorable
Court, the heirs of of Lucas Balansag was able to retrieve and
provided defendant Samuel M. Claro a copy of Confirmation of
Previous Oral Agreement executed by the heirs Vicente Soriano
namely: Federico Soriano and Charlita Soriano Valle, confirming that
Vicente Soriano waived, transferred, and conveyed a one (1) hectare
or Ten Thousand (10,000) square meters portion of Lot No. 1344 to
his nephew Lucas Balansag sometime in 1940. A copy of
Confirmation of Previous Oral Agreement is attached in the criminal
complaint as Annex “C”.

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 8. Impliedly, aside from the heirs of Vicente Soriano and Tillope
Boaqueńa who are relatives of Tillope Boaqueńa, there are also other
heirs of Vicente Soriano and Tillope Boaqueńa who are relatives of
Vicente Soriano particularly his siblings Federico Soriano and
Charlita Soriano Valle.

9. Simply, herein plaintiffs, being collateral relatives of wife Tillope

Boaqueńa, are concurring heirs of Federico Soriano and Charlita
Soriano Valle, being siblings of husband Vicente Soriano.

10. Thus, the impression that herein plaintiffs are the ONLY heirs of
spouses Vicente Soriano and Tillope Boaqueńa is NOT true.

11. Their declaration under oath that Anastacia Boaqueńa-Manugay,

Elena Boaqueńa-Mascosa, the Heirs of Marcelo Boaqueńa Sr., namely
Leoncio, Danilo, Marcelo Jr., Luzviminda, Vicky, and Alan, all
surnamed Boaqueńa, and the heirs of Encarnacion Boaqueńa –
Lagura, represented by Conrado C. Lagura are all occupying Lot No.
1344 continuously, uninterruptedly, publicly, adversely and in the
concept of an owners is likewise NOT true. None of them occupies
any portion of Lot No. 1344.

12. Therefore, Lot No. 1344 containing an area of One Hundred Twenty
Four Thousand Three Hundred Ten (124,310) square meters,
excluding the Ten Thousand (10,000) square meters portion of Lot
No. 1344 waived, transferred, and conveyed by Vicente Soriano to
his nephew Lucas Balansag, is under the regime of co-ownership of
the concurring heirs: collateral relatives of husband Vicente Soriano
and collateral relatives of wife Tillope Boaqueńa, in this case, the
plaintiffs.

13. Since the claim of the heirs of Lucas Balansag was supported by a
newly discovered evidence Confirmation of Previous Oral
Agreement, the sale made by the heirs of Lucas Balansag to Samuel
M. Claro and other occupants of Lot No. 1344 are valid.

14. Abovementioned circumstances render the demolition of Samuel M.

Claro’s property UNJUST.

PRAYER

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 WHEREFORE, in view of the foregoing, it is most respectfully prayed
unto the Honorable Court for the suspension of the issuance of Writ of
Demolition.

Other reliefs, just and equitable under the premises, are likewise
prayed for.

MOST REPECTFULLY SUBMITTED.

Buenavista, Agusan del Norte, Philippines, September 4, 2023.

DELMER LAGASCA RIPARIP

Counsel
Roll of Attorneys No. 66714 (May 23, 2017)
IBP O.R. No. 269660 (Jan 04, 2023)
PTR No. BC 2344444 (Jan 05, 2023)
MCLE Compliance No. VI-0007798
MCLE Compliance No VII-0011677
TIN 924-782-121-000
Email: delmer.riparip@yahoo.com
Mobile No. 09483603708
c/o EMB Caraga Regional Office
Purok 5, Ambago, Butuan City

Copy Furnished:

ATTY. DIONISIO D. LUA, CPA

072 A.D. Curato St., Butuan City

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