SUMMONS
Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 48
Urdaneta City
REPUBLIC OF THE PHILIPPINES, represented by the Department of Public Works and Highways (DPWH), Plaintiff,
– versus –
Civil Case No.U-10140
For: Expropriation (TPLEX ROW Project)
HEIRS OF JULIANA G. NAZARENO, namely: ROLANDO G. NAZARENO, SPOUSES JAIME G. NAZARENO and LILY S. NAZARENO, and SPOUSES NANCY G. NAZARENO and NAPOLEON CLODUALDO MANALO,/Defendants.
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TO: SPOUSES NANCY & NAPOLEON CLODUALDO MANALO
#145 Namacpacan Nalsian, Manaoag, Pangasinan
ROLANDO G. NAZARENO
2277 Aumakua Street, Pearl City, Hawaii, USA 96782
SPOUSES JAIME G. NAZARENO & LILY S. NAZARENO
2315 Amoomoo Street, Pearl City, Hawaii USA96783
SUMMONS
(By Publication)
WHEREAS, the herein plaintiff filed a verified complaint on February 5, 2013, herein quoted as follows:
COMPLAINT
WITH PRAYER FOR EXTRA-TERRITORIAL SERVICE OF SUMMONS AND URGENT EX-PARTE MOTION FOR THE ISSUANCE OF A WRIT OF POSSESSION)
Plaintiff, Republic of the Philippines, represented by the Department of Public Works and Highways (DPWH), by counsel, respectfully states:
1. Plaintiff, through the DPWH, is a sovereign political entity vested with the power and authority to condemn and expropriate private property for public use upon payment of just compensation, pursuant to Section 7 of Executive Order No. 1035 dated June 25, 1985. It is represented in this action by the Office of the Solicitor General (OSG) with address at 134 Amorsolo Street, Legaspi Village, Makati City, where it may be served with pleadings, motions and other papers, and court processes.
2. Per information gathered from field investigation, defendant Juliana G. Nazareno who is a registered co-owner in the Transfer Certificate of Title (TCT) of the property to be expropriated is already deceased. She is reportedly succeeded by herein defendant heirs/registered co-owners whose names and addresses, as well as those of their spouses are hereunder tabulated for easy reference:
Name: Nancy G. Nazareno married to Napoleon Clodualdo Manalo
Address: #145 Namacpacan Nalsian, Manaoag, Pangasinan
Name: Rolando G. Nazareno
Address: 277 Aumakua Street, City, Hawaii, USA 96782
Name: Jaime G. Nazareno married to Lily S. Nazareno
Address: 2315 Amoomoo Street, Pearl City, Hawaii, USA 96783
Defendant Spouses Nancy G. Nazareno and Napoleon Clodualdo Manalo may be personally served at her given address while defendants Rolando G. Nazareno and Lily S. Nazareno may be extraterritorially served with summons by publication and registered mail pursuant to Section 15, Rule 14 of the Rules of Court.
3. Pursuant to its rights under Executive Order No. 1035, the DPWH is implementing the construction of the Tarlac-Pangasinan-La Union Toll Expressway Project (TPLEX) which aims to provide a high-speed toll road along the Tarlac-Pangasinan-La Union corridor and contribute to the development of the Luzon Urban Belt Way Super Region. Copies of the Project’s Road Alignment Plan, Project Profile and Certification of Availability of Fund covering the amount needed for the acquisition of lots and improvements are hereto attached as Annexes “A”, “B” and “C” respectively.
4. The property sought to be expropriated would be traversed by the construction of the TPLEX Project, a public purpose authorized by law. In this regard, an Environmental Compliance Certificate (ECC) has been secured from the Department of Environment and Natural Resources (DENR). A copy of ECC No. 0301-002-208 dated August 12, 2003 is hereto attached as Annex “D”.
5. The Seven Thousand Eight Hundred Seventy Seven (7,877) square meter property for expropriation, shaded and indicated as Lot 3660-B-2 and Lot 3660-B-4 in plaintiff’s parcellary plan hereto attached as Annex “E”, is a portion of Lot No. 3660-B covered by Transfer Certificate of Title (TCT) No. 286928, containing a total area of Twenty Thousand Seventy Five (20,075) square meters, more or less, located in Barangay Consolacion, Villasis, Pangasinan.
6. The total valuation of Seven Thousand Eight Hundred Seventy Seven (7,877) at Bureau of Internal Revenue (BIR) Zonal Valuation of Fifty (Php50.00) per square meter is Three Hundred Ninety Three Thousand Eight Hundred Fifty Pesos (Php393, 850.00). The foregoing details may be summarized as follows:
TCT : 286928
Lot No.: 3660-B
Area for Expropriation (Affected Area) : 7,877sq. m.(3660-B-2 and 3660-B-4)
BIR Zonal Value per sq.m.: Php50.00
Total Zonal Value of the Affected Area (PhP): P393,850.00
Copies of the Transfer Certificate of Title (TCT) and Bureau of Internal Revenue (BIR) Certification on the relevant zonal valuation are hereto attached as Annexes “F”, “G”, respectively.
7. The parcel of land referred to above has not been applied to or expropriated for public use and is indispensable in implementing the TPLEX Project. It was selected by plaintiff in a manner compatible with the greatest public good and with the least injury to private property.
8. Under Section 7 of Executive Order No. 1035 dated June 25, 1985, plaintiff through the DPWH, is authorized to institute expropriation proceedings through the Office of the Solicitor General.
9. Plaintiff exerted efforts to acquire the above-described property by negotiated sale pursuant to Section 6 of R.A. 8974, but the same failed for which reason expropriation is sought herein.
10. The determination of just compensation in expropriation cases is a judicial function, which should be discharged at the trial on the merits with the assistance of not more than three (3) commissioners pursuant to Sections 5 to 8, Rule 67 of the Rules of Court. However, upon the filing of the complaint, or at anytime thereafter, and after due notice to defendant, plaintiff is authorized to take possession and enter into the property involved, upon payment of the amount equivalent to “one hundred percent [100%] of the zonal value” of the land to be taken based on the current zonal valuation of the BIR, conformably with Republic Act No. 8974.
11. Plaintiff is able and ready to pay defendant heirs/co owners Rolando G. Nazareno, Jaime G. Nazareno and Nancy G. Nazareno Three Hundred Ninety Three Thousand Eight Hundred Fifty pesos (Php393, 850.00), which is equivalent to one hundred percent [100%] of the zonal value of the property sought to be expropriated, and to make the necessary deposit with this Honorable Court of such amount in compliance with the required payment under R.A. 8974. The corresponding check, payable in the name of said defendant heirs/co-owners, is available and will be deposited with this Honorable Court prior to the issuance of the writ of possession.
ALLEGATIONS IN SUPPORT OF THE URGENT PRAYER
FOR THE ISSUANCE OF A WRIT OF POSSESSION
12. Section 4 of R.A. No. 8974 lays down the guidelines in expropriation proceedings as follows:
“Sec. 4. Guidelines for Expropriation Proceedings. – Whenever it is necessary to acquire real property for the right-of-way, site or location for any national government infrastructure project through expropriation, the appropriate implementing agency shall initiate the expropriation proceedings before the proper court under the following guidelines:
(a) Upon the filing of the complaint, and after due notice to the defendant, the implementing agency shall immediately pay the owner of the property the amount equivalent to the sum of (1) one hundred percent (100%) of the value of the property based on the current relevant zonal valuation of the Bureau of Internal Revenue (BIR); and (2) the value of the improvements and/or structures as determined under Section 7 hereof;
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Upon compliance with the guidelines above-mentioned, the court shall immediately issue to the implementing agency an order to take possession of the property and start the implementation of the project.
Before the court can issue a Writ of Possession, the implementing agency shall present to the court a certificate of availability of funds from the proper official concerned.
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13. Upon service of summons to the defendants, due notice on the herein motion is deemed served pursuant to the above-quoted section. After deposit of the check corresponding to 100% of the value of the property based on the current relevant zonal valuation of the BIR, plaintiff is thus entitled to the issuance of a writ of possession, which is urgently needed in order for plaintiff to implement the (TPLEX) Project.
14. Capitol Steel Corporation vs. Phividec Industrial Authority declares that the issuance of a writ of possession is a ministerial duty of this Honorable Court upon plaintiff’s compliance with the guidelines set forth in Section 4 of R.A. No. 8974, supra:
Under R.A. 8974, the requirements for authorizing immediate entry in expropriation proceedings involving real property are: (1) the filing of a complaint for expropriation sufficient in form and substance; (2) due notice to the defendant; (3) payment of an amount equivalent to 100% of the value of the property based on the current relevant zonal valuation of the BIR including payment of the value of improvements and/or structures if any, or if no such valuation is available and in cases of utmost urgency, the payment of the proffered value of the property to be seized; and (4) presentation to the court of a certificate of availability of funds from the proper officials.
Upon compliance with the requirements, a petitioner in an expropriation case, in this case respondent, is entitled to a writ of possession as a matter of right and it becomes the ministerial duty of the trial court to forthwith issue the writ of possession. No hearing is required and the court neither exercises its discretion or judgment in determining the amount of the provisional value of the properties to be expropriated as the legislature has fixed the amount under Section 4 of R.A. 8974.
15. Also, it is imperative for the protection of the interest of the government vis-a-vis its real rights over the subject property that the corresponding writ of possession issued in the above-entitled case be entered in the Primary Entry Book of the Register of Deeds of Pangasinan and thereafter, annotated in the space provided in its Registration Book pursuant to Section 69 of Presidential Decree No. 1529, otherwise known as the Property Registration Decree:
“Section 69. – Attachments. An attachment, or a copy of any writ, order or process issued by a court of record, intended to create or preserve any lien, status, right, or attachment upon registered land, shall be filed and registered in the Registry of Deeds for the province or city in which the land lies, and, in addition to the particulars required in such papers for registration, shall contain a reference to the number of the certificate of title to be effected and the registered owner or owners thereof, and also if the attachment, order, process or lien is not claimed on all land in any certificate of title a description sufficiently accurate for identification of the land or interest to be affected. A restraining order, injunction, or mandamus issued by the court shall be entered and registered on the certificate of title affected, free of charge.”
16. To ensure that the subject property is free from statutory lien, it is necessary that defendants registered owners be required to present proof of payment of the corresponding realty taxes before the check is released to them.
PRAYER
WHEREFORE, plaintiff respectfully prays that:
(i) Extraterritorial service of summons to the non-resident defendants Rolando G. Nazareno and Lily S. Nazareno and Spouses Jaime G. Nazareno and Lily S. Nazareno be effected by way of publication once in a news-paper of a general circulation in the Province of Pangasinan with a copy of said summons and the accompanying order of this Honorable Court sent to her last known address via registered mail pursuant to Section 15, Rule 14 of the Rules of Court;
(ii) Plaintiff be authorized, by proper order and writ to take immediate possession, control and disposition of the subject land sought to be expropriated, upon plaintiff’s deposit with the Office of the Clerk of Court, Multiple Sala, Regional Trial Court, Urdaneta City, Pangasinan, of a check payment equivalent to one hundred percent (100%) of the BIR current zonal valuation for the affected property in the name of defendant heirs/co-owners Rolando G. Nazareno, Jaime G. Nazareno and Nancy G. Nazareno as payees; and for the office of said Clerk of Court to safe keep and release the same to said defendant heirs/owners subject to clearance from the plaintiff of their satisfaction or completion of proofs of ownership in accordance with its Road Right-Of-Way Implementing Rules and Regulations and Commission on Audit (COA) requirements such as but not limited to presentation of proofs of identities, appropriate deed of settlement of decent’s estate and proof of payment of applicable taxes, charges, and fees.
(iii) An Order be issued directing the Register of Deeds of the place having territorial jurisdiction over the subject property to enter the Writ of Possession in the Primary Entry Book and annotate the same in the Registration Book pursuant to Section 69 of P.D. 1529;
(iv) After decreeing plaintiff’s right of condemnation and determining the just compensation therefor, plaintiff be authorized to pay just compensation to the defendant heirs/co-owners, after deducting the sum due the government for the unpaid property, transfer, and other applicable taxes, if any, and the amounts paid/deposited as provisional value; and,
(v) Judgment be rendered condemning the property subject of the present case, free from all liens and encumbrances whatsoever, for public use and for the public purpose herein set forth.
(vi) Directing the same Register of Deeds to cause the registration and annotation of the decision or judgment to the instant eminent domain/expropriation case covering the road right-of-way of the Tarlac-Pangasinan-La Union Expressway (TPLEX) Project.
Plaintiff further prays for such other reliefs and remedies which this Honorable Court may deem just and equitable under the premises.
Makati City for Urdaneta City, Pangasinan, January 11, 2013.
FRANCIS H. JARDELEZA
Solicitor General
Roll No. 25719
IBP Lifetime No. 00037
MCLE Exemption
No. III-0008523
(SGD.) ELLAINE ROSE A. SANCHEZ-CORRO
Assistant Solicitor General
Roll No. 36514
Lifetime IBP No. 02444
MCLE Exemption No. III-000369, 5/27/09
(SGD.) EDGARDO R. SISON
Senior State Solicitor
Roll No. 39911
IBP No. 850503, 1/14/11
MCLE Compliance No. III-0007942-2009
(SGD.) ERIC C. GABATINO
Associate Solicitor
Roll No. 52626
IBP No. 851835, 1/20/11
MCLE Compliance No. III-0003788 / 07-15-09
(SGD.) PETER FILIP S. ABELITA
Associate Solicitor
Roll No. 56486
IBP No. 868819 11/11/11
MCLE No. III-0009904 /
03-17-10
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street,
Legaspi VillageMakati City
Tel. Nos. 818-6301 to 09
WHEREAS, on March 6, 2013, the Honorable Court Branch 48, this jurisdiction, issued an Order, which read as follows:
“ xxx xxx xxx xxx
and finding the averments in support of the prayer for extraterritorial service of summons to be impressed with merit, let service of summons be effected by publication in a newspaper of general circulation in the Philippines requiring the defendant to file his answer or any responsive pleading thereto within sixty (60) days from date of publication and copy of the summons and the Order of this Court be furnished the defendant by registered mail at his last known address.
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SO ORDERED.
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NOW THEREFORE, you are hereby required to file within sixty (60) days from date of the last publication of this summons, with the Honorable Court, Branch 48, this jurisdiction your answer to the complaint filed by plaintiff through its counsel, Office of the Solicitor General, in the above-captioned case.
You are further required to serve a copy of your answer upon the plaintiff through its counsel at 134 Amorsolo St., Legaspi Village, Makati City.
In the event that you fail to file your answer and/or responsive pleading within the aforementioned period of time, the Court shall proceed to render judgment granting the plaintiff such relief as his pleading may warrant, unless the Court in its discretion requires the plaintiff to submit evidence.
WITNESS, the Honorable GONZALO P. MARATA, Presiding Judge of the Regional Trial Court, Branch 48, Urdaneta City, this 10th day of April, 2013.
(SGD.) ATTY. LEOPOLDO C. DE VERA JR.
Branch Clerk of Court
May 12, 2013
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