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    Motion For The Issuance of Replacement Check Benoza

    Uploaded by

    Raffy Pangilinan
    This document is a motion filed in court by Salome Benoza requesting the replacement of checks issued as payment for expropriated property. The checks were originally issued in the names of both Salome Benoza and her now-deceased husband Arturo Benoza. The motion requests that replacement checks be issued in the name of their daughter Raquel Benoza, who was appointed legal representative after Arturo's death. Proof of publication of Arturo's estate settlement is provided to allow the replacement checks to be released. The motion is submitted to the court for consideration and approval.

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    © All Rights Reserved
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    Motion For The Issuance of Replacement Check Benoza

    Uploaded by

    Raffy Pangilinan
    296 views3 pages
    This document is a motion filed in court by Salome Benoza requesting the replacement of checks issued as payment for expropriated property. The checks were originally issued in the names of both Salome Benoza and her now-deceased husband Arturo Benoza. The motion requests that replacement checks be issued in the name of their daughter Raquel Benoza, who was appointed legal representative after Arturo's death. Proof of publication of Arturo's estate settlement is provided to allow the replacement checks to be released. The motion is submitted to the court for consideration and approval.

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    motion for issuance of replacement check

    Original Title

    Motion for the Issuance of Replacement Check Benoza

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    This document is a motion filed in court by Salome Benoza requesting the replacement of checks issued as payment for expropriated property. The checks were originally issued in the names of both Salome Benoza and her now-deceased husband Arturo Benoza. The motion requests that replacement checks be issued in the name of their daughter Raquel Benoza, who was appointed legal representative after Arturo's death. Proof of publication of Arturo's estate settlement is provided to allow the replacement checks to be released. The motion is submitted to the court for consideration and approval.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    296 views3 pages

    Motion For The Issuance of Replacement Check Benoza

    Uploaded by

    Raffy Pangilinan
    This document is a motion filed in court by Salome Benoza requesting the replacement of checks issued as payment for expropriated property. The checks were originally issued in the names of both Salome Benoza and her now-deceased husband Arturo Benoza. The motion requests that replacement checks be issued in the name of their daughter Raquel Benoza, who was appointed legal representative after Arturo's death. Proof of publication of Arturo's estate settlement is provided to allow the replacement checks to be released. The motion is submitted to the court for consideration and approval.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    Republic of the Philippines

    National Capital Judicial Region


    REGIONAL TRIAL COURT
    Branch 282, Valenzuela City

    REPUBLIC OF THE PHILIPPINES


    represented by the
    DEPARTMENT OF PUBLIC
    WORKS AND HIGHWAYS
    (DPWH),
    Plaintiff,

    -versus- Civil Case No. 140-V-18


    For: Expropriation
    SPOUSES ARTURO and SALOME
    BENOZA, the REGISTER OF
    DEEDS, VALENZUELA CITY and
    the CITY ASSESSOR OF
    VALENZUELA,
    Defendants.
    x-------------------- -x

    MOTION FOR THE ISSUANCE OF REPLACEMENT CHECK

    Private defendant SALOME BENOZA, represented by the Public


    Attorney’s Office, unto this Honorable Court, most respectfully files this
    motion and avers as follows:

    1. On 19 September 2018, plaintiff deposited to the branch clerk of


    court of this Honorable Court a Landbank check in the amount of
    P625,632.47 as payment of the just compensation for the value of
    the improvement which was sought to be expropriated in the instant
    case. The said check was issued in the name of spouses Arturo
    Benoza and Salume C. Benoza. Another check in the amount of
    P450,000.00 was drawn by the plaintiff in the name of both spouses
    and was deposited to the branch clerk of court of this Honorable
    Court on 8 October 2018 as just compensation for the lot subject
    matter of this case.

    2. On 9 October 2018, private defendant Salome Benoza filed a


    “Manifestation with Motion for the Substitution of a Legal
    Representative”. Private defendant Salome Benoza alleged therein
    that Arturo Benoza is already dead, and consequently moved that
    they be represented by their daughter, Raquel Benoza. The
    manifestation with motion was duly supported by certified machine
    copy of the death certificate of Arturo Benoza from City Civil Registry
    Office of Valenzuela, as well as duly notarized Special Power of
    Attorney which was signed by private defendant Salome Benoza and
    her surviving children, Rolando C. Benoza, Muriel C. Benoza, Arturo
    c. Benoza, Jr., and acknowledged by Raquel Benoza as attorney-in-
    fact of all of them.

    3. On 26 October 2018, the Honorable Court issued an Order granting


    the “Manifestation with Motion for the Substitution of a Legal
    Representative”. Inasmuch as the checks which represent the
    payment for the lot and improvement are in the names of private
    defendants-spouses Arturo Benoza and Salume C. Benoza the
    Honorable Court directed the plaintiff to cause the issuance of
    replacement checks in the name of Raquel Benoza who was
    appointed as representative of the private defendants. The heirs of
    private defendants were also instructed to cause the publication in a
    newspaper of general circulation of the extrajudicial settlement of
    the estate of Arturo Benoza once a week for three consecutive
    weeks and to submit proof thereof so that the replacement checks
    can be released.

    4. In compliance with the aforementioned Order, attached herewith are


    the notice of extrajudicial settlement of the estate of Arturo Benoza
    which were published in the newspaper Abante on 9 November
    2018, 16 November 2018 and 23 November 2018 (hereto attached
    as Annexes “1” to “1-B”), as well as notarized affidavit of
    publication (hereto attached as Annex “2”). The original notarized
    document denominated as “Deed of Extrajudicial Settlement of the
    Estate of the Deceased Arturo A. Benoza with Sale” was already
    attached as Exhibit “6” to the “Formal Offer of Exhibits” for private
    defendant Salome Benoza.

    PRAYER
    WHEREFORE, premises considered, it is most respectfully prayed for
    the Honorable Court to grant this motion by directing the plaintiff to issue
    replacement checks in the name of Raquel Benoza.

    Other reliefs, just and equitable, are likewise prayed for.

    Valenzuela City, Metro Manila, 5 December 2018.

    PUBLIC ATTORNEY’S OFFICE


    VALENZUELA DISTRICT OFFICE
    3RD Floor, Comelec Bldg.
    Justice Hall Compound, C.J. Santos St., Poblacion II
    Malinta, Valenzuela City

    Through:
    ATTY. RAFAEL D. PANGILINAN
    Public Attorney II
    Roll No. 64684
    IBP No. AR001704 dated 1/16/18
    MCLE Compliance No. VI - 0006876 dated 3/20/18

    Copy furnished and notice of hearing:

    Atty. Aireen C. Cacha-Jayme


    Branch Clerk of Court
    Regional Trial Court, Branch 282, Valenzuela City

    Office of the Solicitor General


    134 Amorsolo Street, Legaspi Village, Makati City 1229

    Department of Public Works and Highways


    MNTC Office PNR Compound, Caloocan City

    Greetings! Please note that the undersigned will submit the instant
    motion for the kind consideration and approval of the Honorable Court on
    30 October 2019 at 1:30 in the afternoon.

    ATTY. RAFAEL D. PANGILINAN

    Explanation on the Mode of Service:


    Copies of the foregoing motion were furnished to the Office of the
    Solicitor General and the Department of Public Works and Highways
    through registered mail due to distance and lack of personnel to effect
    personal service.

    ATTY. RAFAEL D. PANGILINAN

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