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Opposition To Demurrer of Evidence

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Myles Laboria
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202 views4 pages

Opposition To Demurrer of Evidence

Uploaded by

Myles Laboria
Copyright
© © All Rights Reserved
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eaints ra iblic of the Philippit wag Ree TonAT TRIAT COURT 2130C7 18 AM 9:40 pee guar Sal Roos wucii- yg QRDONEZ 6 Judicial Region SeOr RET BRANCH 24 ae |? Iloilo City CAVED BY, IN THE MATTER OF THE PETITION TO CORRECT THE ) TECHNICAL DESCRIPTION OF LOT 6153, OF THE CADASTRAL, SURVEY OF ILOILO LRC Case No. 4 CANDELARIA DAYOT, Petitioner. MOTION TO EXPUNGE/EXCLUDE FROM THE RECORDS OPPOSITOR'S (“SCCPLI”) DEMURRER TO EVIDENCE COMES NOW, Petitioner, by the undersigned counsels, unto this Honorable Court most respectfully move for the expulsion/exclusion from the records of the case Oppositor Shell Chemical Company (Philippines), Inc. (now SCCP Land, Inc. or “SCCPLI”), Demurrer to Evidence dated June 26, 2013, on the following grounds; Firstly, pursuant to Section 4, Rule 1 of the Rules of Court 1, Demurrer to Evidence is inapplicable to land registration cases. Verily, because in cadastral proceedings, the case is decided based on the evidence of each party. In other words, each party must prove his/her own allegations, therefore, a demurrer to a party's evidence is not allowed under the aforequoted rule; Ww r * Rule I, See. 4 of the Rules of Caurt reads: Section 4. Jn what case not applicable, —These Rules shall not apply to election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient. (R143a) h al (+ I Secondly, granting without admitting that it falls within the purview of the exception as stated in Section 4, Rule 1 of the Rules of Court, still Oppositor SCCPLI belatedly submitted its Demurrer to Evidence. Section 1, Rule 33 of the Rules of Court? allows Oppositor to file Demurrer to Evidence after petitioner rested its case. Records clearly show that petitioner rested her case. In fact an Order for admission to petitioner's Offer of Exhibits was issued last November 7, 2012. Thereafter, the Court issued an Order dated November 9, 2012 for the presentation of evidence for oppositors. After the lapsed of more than six (6) months, it is only now that it decided to submit its Demurer to Evidence - a clear evidence of delaying the proceedings before this Honorable Court. To date, this, case aged 7 years since it was filed sometime in February 2006. PRAYER WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that Oppositor’s Demurrer to Evidence be expunged and excluded in the records of this case. Other reliefs, which are just and equitable under the circumstances are likewise prayed. July 4, 2013, loilo City, Philippines. 2 agection 1. Denurrer to evidence. —- After the plaintf€ has completed the presentation of his evidence, the defendant ‘may move for dismissal on the ground that upon the facts and the lathe plaintiff has shown no eight to relief IThis motion is denied he shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal i reversed he shall be deemed to have waived the right to present evidence. (Ta, R3 2 EDGAR CLAUDIO O. SUMIDO Counsel for the Petitioner ¢/o Provincial Capitol Bldg, Bonifacio Drive, Iloilo City IBP No. 880881/1-5, 2012/ loilo City PTR No. 901241/1-09-2012 Iloilo Roll No. 39969 MCLE Compliance No. I1-0007944 February 2, 2010 CATOLICO BUENSUCESO SOBREVEGA. & SUGANOB LAW OFFICE Collaborating Counsel for Petitioenr C. Dayot Rm. 207, La Sallette Building Valeria St,, Hoilo City By: ATTY. ROBERTO CAL CATOLICO Roll of attorney's No. 31016 IBP No. 891090; Jan 2, 2013; Hoilo City PTR No. 4030764; Jan. 2, 2013; lloilo City MCLE Comp. No. IV-0000610 / And: ATTY. MARY|JEAN QUEZON SOBREVEGA Roll of Attornby Jo. 57472, Page No. 495; ‘No. XXIII; Supreme Court IBP Lifetime 854995; 01/0202012 PTR No. 4040812; 01/03/2013; Hoilo City MCLE Compliance No. IV- 0001102 REQUEST FOR HEARING The Clerk of Court RTC-Branch 24 Hoilo City Greetings! Please submit the foregoing Motion for the consideration of this Honorable Court immediately upon receipt hereof. ATTY. ROBERTO CAL CATOLICO NOTICE OF HEARING ATTY. WHITE GALLEGO DENR, Region VI, lloilo City ATTY. MICHELLE ANNABELLE YAP Office of the Government Corporate Counsel 3 Floor MWSS Bldg., Katipunan Road Balara, Quezon City “ ATTY. WARISIMO PERANIA No. 10 Commission Civil St,, Jaro, Iloilo City ATTY. VLADIMIR S. UY Accra Building 122 Gamboa St. Legaspi Village 0770 Makati city, Metro Manila ATTY. LESTER FIEL OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo St., Legaspi Village Makati, Metro Manila Copy Furnish ATTY. WHITE GALLEGO ATTY. MICHELLE ANNABELLE YAP DENR, Region VI, Iloilo City Office of the Government Corporate Counsel By: date - 34 Floor MWSS Blg,, Katipunan Road Balara, Quezon City By __ date ATTY. WARISIMO PERANIA ATTY. VLADIMIR S. UY No. 10 Commission Civil St., Accra Building 122 Gamboa St Jaro, Iloilo City Legaspi Village 0770 Makati city, RR No. date Metro Manila RRNo date ATTY, LESTER FIEL, OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo St,, Legaspi Village Makati, Metro Manila RRNo.____ date EXPLANATION In compliance with Section 11, Rule 13 of 1997 Rules of Civil Procedure, the undersigned respectfully manifest that in lew of the personal service required by the rules, copy of this compliance was furnished to the adverse parties through counsel by registered mail with return Card due to distance and lack of personnel to effect personal service. arty. ROME carouico

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