REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURTS

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 197, LAS PIÑAS CITY

PERLITA O. MARTINEZ, RICO RYAN A.

MARTINEZ, REPRESENTED BY JUDY
OLIVA, IMELDA A. GRACIO, AND. CIVIL CASE NO.LP-18-0098
PORFERIO L. GRACIO ET AL., FOR : RECOVERY OF POSSESSION
PLAINTIFF'S, WITH FORUM-SHOPPING

CIVIL CASE NO. LP-18-0095

FOR: RECOVERY OF POSSESSION
Br. 198, RTC, Las Piñas
–VERSUS– CIVIL CASE NO. LP-18-0097
FOR: RECOVERY OF POSSESSION
WITH DAMAGES;
SPOUSES JIMMY MONTEFAR Br. 198, RTC, Las Piñas City
SINONA MONTEFAR, SPOUSES Another Forum-Shopping Cases;
GILBERT DE GUZMAN, AND
CRISANTA DE GUZMAN, EVAR CIVIL CASE NO. LP-18-0096
LUCERNAS, ABELITO LUCERNAS, - FOR: RECOVERY OF POSSESSION
FRANKLIN MASBAD, FRANCISCO WITH DAMAGES:
MASBAD, ET. AL., Br. 201, RTC, Las Piñas City
DEFENDANT'S,
X- - - - - - - - - - - - - - - - - - - - - - - - -X

PRE-TRIAL BRIEF FOR THE DEFENDANTS

DEFENDANTS, By The Undersigned Counsel, Unto This Honorable

Court, Most Respectfully Submit Their Pre-Trial Brief, As Follows:

STATEMENT OF WILLINGNESS TO ENTER

INTO AMICABLE SETTLEMENT

1. The Undersigned Defendants, By The Undersigned Counsel, Is

Not Even Into an Amicable Settlement With Plaintiff PERLITA O.
MARTINEZ, RICO RYAN A.MARTINEZ, REPRESENTED BY JUDY
OLIVA, IMELDA A. GRACIO, AND PORFERIO L. GRACIO ET AL.,
Provided That His Due Legal Rights Judicial Authority, Claims
And Interest Over The Subject Manufactured "SPECIAL POWER
OF ATTORNEY", Was Issued By Virtue Of Spurious, Fake, Over-
Lapping And FALSIFIED TRANSFER CERTIFICATE OF TITLE NO.
 005-2015003957, Allegedly Issued And Manufactured In The
Name of LED- PERLITA MARTINEZ ET AL., presentation JUDY
OLIVA, IMELDA A. GRACIO, AND PORFERIO L. GRACIO ET AL.,
Illegally Issued By The Register Of Deeds Of the Province of
Rizal, On August 28,1934, That The Said "Special Power Of
Attorney (SPA), Duly Signed And Manufactured By The Parties
Plaintiff PERLITA MARTINEZ ET AL., Herein Are Maintained
Protected And Strictly Enforced; And, If Applicable Defendants
He Is Willing To Submit To Any Of The Alternative Modes Of
Dispute Resolution.
2. That The Plaintiffs Prayer For issuance Of The Decision For
Demolition, Of The Honorable Court, Docketed In Civil Case No.
LP-18-0098, LP-18-0097, LP-18-0095, LP-18-0096 “FOR FORCIBLE
ENTRY” Of The Herein Plaintiffs (Intruders) Trespassers And
Land Grabbers Syndicates, Will Certainly, WORK AN INJUSTICE
To The Defendants.

BRIEF STATEMENT OF THE CASE

3. This Is A Case For Alleged “RECOVERY OF POSSESSION” With

Prayer Issuance DECISION For Demolition with prayer for
Damages, Against EVAR LUCERNAS AND GILBERT DE GUZMAN,
In Relation to The Property Of The Late DON DOMINGO B. DE
OCAMPO AND LT. COL. BONIFACIO C. DULFO, Covered And Being
A Portion Of Original Certificate Of Title O.C.T. No. 779, Pursuant
To DECREE NO. 10139, In G.L.R.O. Record Case No. 8511,
Cadastral Case No. 874, With Tracer No. 874, Issued And
Registered On March 14 1913 At 9:59 A.M. Covered By Original
Survey Plan No. II-4509 Approved On October 23 1911 Under TAX
DECLARATION No. 8499 Issued on August 16 1892,Which Was
The Basis Of The Issuance Of Said Judicial, Torrens Title O.C.T.
No. 779, Still Issued In The Name Of The Late DON DOMINGO B.
DE OCAMPO And LT. COL. BONIFACIO C. DULFO, Now Owned By
ADM. DAVID R. DULFO, Legitimate Surviving Heir, Court
Appointed Judicial Administrator-Overseers And Declared
Rightful Owner.

4. The Parcels Of Land Which Is Segregated In Favor Of The Herein

Defendants, EVAR LUCERNAS AND GILBERT DE GUZMAN And
 Other Present Occupants — And Co-Owners, In Actual Physical
Possession Of The said Parcels Of Land Since January 9 1979,
January 19 1997, Up To This Present and Segregated Under
PLAN RS 1589, Approved on December 3 1983, Approved Of The
Director Of The BUREAU OF LANDS, Issued And Approved In The
Name Of The Defendants EVAR LUCERNAS AND GILBERT DE
GUZMAN And Other Present Occupants-Tenants as Co-owners.
The Parcel Of Land Where Defendants Residential Houses Are
Standing Were Bought For Consideration By Them From ADM.
DAVID R. DULFO, Declared Rightful Owner/Heir And Court
Appointed Judicial Administrator-Overseers Of Said Parcels Of
Land Covered By O.C.T. No. 779, Decree No. 10139, Issued On
March 14, 1913, The Said Defendants Are Not Squatters And
Trespassers, The Plaintiffs LED PERLITA O. MARTINEZ Et Al.,
Maliciously Painted Them The title Presented By LED PERLITA O.
MARTINEZ Et Al., To This Honorable Court, Are Fake And
Falsified Land Titles, From Which Was Derived O.C.T NO. 7016
Pursuant To Decree No.536697, OnIy Issued On August 28, 1934,
And November 6, 2015 In Question.

5. On The Other Hand, The Plaintiff LED PERLITA O. MARTINEZ Et

Al., Allegedly Bought A FOUR HUNDRED FORTY NINE (449)
SQUARE METERS, Of Parcel Of Land Sometime In 2017, And That
Such Property Purportedly Includes The Lot Being Occupied-
Owned By The Defendants, Since January 9, 1979, And January
9, 1997, Up To This Present. The Plaintiffs, However, Failed
(Wittingly Or Unwittingly) To Disclose The Name Of The LED
PERLITA O. MARTINEZ Et Al., JUDY OLIVA, IMELDA A. GRACIO,
AND PORFERIO L. GRACIO ET AL., Allegedly Owned By Spurious
Fake Manufactured And FALSIFIED TRANSFER CERTIFICATE OF
TITLE NO. 005-2015003957 , Issued And Manufactured On August
28, 1934, (Antedating Illegal Issuance).

6. Since January 9, 1983, January 9, 1997, Marc 24, 1997, The

Defendants Started Occupying The Property In 1983 to 1982, Up
To This Present 2020, NOBODY Ever Showed Up And Claim Of
Ownership, Over It, Not Even The Person From Whom The
Plaintiff Allegedly, Defendants Trespasser Or Forcible-Entry Of
The Property.
7. In This Regard, While The Rule Is That “No Title To Registered
Land In Derogation To That Of The Registered Owner Shall Be
Acquired By Prescription Or Adverse Possession” This Legal
Guarantee May In Appropriate Cases Yield To The Right Of A
Third Person On Equitable Principle Of Laches, Mejia Vs.
Gamponia, 100, Phil. 277, Miguel vs. Catalino, In G.R. No. L-
23072, Promulgated on November 29, 1968).

8. In The Instant Case, The Inaction Of The Alleged Original

Registered Owner, LED PERLITA O. MARTINEZ Et Al., JUDY
OLIVA, IMELDA A. GRACIO, AND PORFERIO L. GRACIO ET AL., Of
The Subject Land From Whom Plaintiffs Allegedly Derived His
Title — Has Converted His Right To Recover The Possession Of
The Lot Into A Stale Demand, Thus Barring Him From Recovering
Possession Of The Property By Laches: (Mejia, Vs. Gamponia,
Supra). That The Cause Of Action Of Plaintiffs Is Neither For
FORCIBLE ENTRY “Nor For Unlawful Detainer, To Make Out A
case For Forcible Entry, The Following: (A) Essential, Elements
Must Be Shown On The Face Of The Complaint, Namely: The
Plaintiff Absent Must Allege Is Not Prior Physical Possession Of
The Property: (B) He Must Assert, That He Was Deprived Of
Possession Either By Force Intimidation, Threat, Strategy Or
Stealth: And (C) The Action Must Be Filed Within ONE (1) YEAR
From The Date Of Issuance Of Fake, Falsified Spurious Title TCT-
NO. 005-2015003957, Issued On August 28, 1934. From The Time
The Owner Or Legal Possessor Learned Of His Depravation, Of
The Actual Physical Possession Of The Property. Not Legal
Possession In The Sense Contemplated By Civil Law”. Thus, In
The Case Of Spouses Gonzaga Vs. Court Of Appeals), Or Thus, In
Go Jr. Vs. Court Of Appeals).

ADMISSIONS AND STIPULATIONS

9. Defendants Admit Only Those Allegations In The Answer, With

Compulsory Counterclaims, That Is The Humble Submission Of
 The Defendants That The True And Real Issue To be RESOLVED
Hereon Is Not one Of ACTUAL PHYSICAL POSSESSION, But Is
Purely On The SUPERIOR LEGAL OWNERSHIP Of The Land
Possessed And Occupied By The Defendants Since January 9,
1983, Up To This Present 2020.

10. To Support Their Actual Physical Possession And To Prove

Their Superior Authenticated Legal Ownership (Owned Of The
Defendants) Over The Land They Are Occupying, And Claiming
Ownership Is DERIVED From The Vast Tract Of Land Owned By
The Late Don Domingo B. De Ocampo Evidenced By O.C,T. — No.
779, Pursuant To Degree No. 10139, Issued On March 14, 1913
Plan No. 114509, Approved On October 23, 1911, TAX
DECLARATION NO. 8499, Issued On August 16, 1892, Segregation
APPROVED PLAN R.S. – No. 1589, Approved On December 3,
1982, The Defendants Is Being Offered To Proved The Following:
(1) That He Is one Of The Defendants In This Case And owned Of
The Said Present Occupants In The Above-Captioned Case; (2)
That He And His family Began Residing At EXODUS STREET,
PHASE 2 BF MARTIN VILLE SUBD. BARANGAY MANUYO DOS, Las
Piñas, Metro Manila, In January 9, 1983, (3) That He Began
Residing At The Said Address And Building-House Thereon After
He/Her

And His Family Defendants Were Given Permission To Occupy

The Premises Of The Said Land Owned By Adm. David R. Dulfo,
Who Introduced Himself As The Owner Of The Property; (4) That,
Prior To Occupying The Premises, On January 9, 1983, And
January 19, 1997, And March 19, 1997, Executed A “Deed Of
Assignment Of Real Property”, “Joint Affidavit Of Ownership, And
Joint Affidavit Of Tenancy Dated January 9, 1979, In Favor Of
This Defendants In The Above-Captioned Case; (5) That By Virtue
Of The Said “Deed Of Assignment Of Real Property, Joint
Affidavit Of Ownership, And Joint Affidavit Of Tenancy. This
Defendants Present And Co-Owners And His Family Bought The
Subject Parcel Of Land Consisting Of 3,330.00 SQUARE METERS,
MORE OR LESS ADJACENT UP TO 10,883,400.00 SQUARE
METERS, MORE OR LESS, From ADM. DAVID R. DULFO For P
150,000.00; (6) That This Defendants And Co-Present Occupants-
Co-Owners And His Family Honestly Believed In Good Faith That
Adm. David R. Dulfo Was The Declared Rightful Owner-Heirs
Court Appointed Judicial Administrator-Overseers Of The Parcel
 Of Land That He And His Family Occupied And Purchased Or
Awarded; The Subject Property, (7) That Adm. David R. Dulfo
Showed This Defendants And His Family Certain Valid Legal
Documents Of Ownership To Prove That He Is The Declared
Rightful Owner-Heirs And Court Appointed Judicial Administrator-
Overseer , The Subject Property, Like For Instance, The Tax
Declaration No. 8499, Certificate, To The Parcels Of Land Under
PLAN R.S. NO. 1589 And Other Supporting Documentary,
Evidence Of Superior Rights Of Ownership: (8) That Prior To Their
Purchased, Of The Property And up To The 1990 To 1997 This
Defendants And Other Present Occupants And Co-Owners And
His Family Did Not Know The Plaintiffs PERLITA O. MARTINEZ,
RICO RYAN A.MARTINEZ, REPRESENTED BY JUDY OLIVA,
IMELDA A. GRACIO, AND PORFERIO L. GRACIO ET AL., And
Were Not Aware Of The Latter’s Claim Over The Property. The
Defendants To Support Their DEFENSE In This case, And Hereby
State As Follows:

A. Will The Plaintiffs Admit The Validity Of The "Deed Of Assignment

Of Real Property Dated January 9, 1983, And March 19, 1997,
Including Joint Affidavit, Of Ownership, And Joint Affidavit Of
Tenancy, Dated March 24, 1997;

B. Will The Plaintiffs Admit The Payment Of PI 50,000.00 Made By

The Defendants Led By EVAR LUCERNAS AND GILBERT DE
GUZMAN And Other Present Occupants;

C. Will The Plaintiff Admit That Defendants In Actual Physical

Possession Of The Property, Since January 9, 1979, Up To This
Present, Being A Portion-covered By O.C.T.-NO. 779, and Decree
No. 10139; Issued On March 14, 1913, And That Defendants Is
Entitled To Damages And Attorney's Fee's;

ISSUES

D. Whether Not There Was A Valid Deed Of Assignment Of Real

Property, With Joint Affidavit Of Ownership, And Joint Affidavit Of
Tenancy, Awarded By Adm. David R. Dulfo, In Favor Of The
Herein Defendants And Other Present, Occupants, And Co-
Owners;
E. Whether Or Not There Was Payment Of P350,000.00 Made By The
Defendants EVAR LUCERNAS AND GILBERT DE GUZMAN and
Other Occupants In Favor Of Adm. David R. Dulfo, First Payment
Of A Portion Of Parcels Of Land Covered-Portion Of O.C.T.-No.
779;

F. Whether Or Not The Defendants Are Entitled To Recover The Said

Portion Of Land, Moreover, Contrary To The Claim Of The
Plaintiffs PERLITA O. MARTINEZ, RICO RYAN A.MARTINEZ,
REPRESENTED BY JUDY OLIVA, IMELDA A. GRACIO, AND
PORFERIO L. GRACIO ET AL., , The Special Power Of Attorney
(SPA) Does Not Vest Him Title over The Subject Property In
whole Or In Part. Plaintiff PERLITA O. MARTINEZ, RICO RYAN
A.MARTINEZ, REPRESENTED BY JUDY OLIVA, IMELDA A.
GRACIO, AND PORFERIO L. GRACIO ET AL., , That He/She Has
No More Evidence To Be Presented As Far As The Prayer For
Issuance Preliminary Injunction Is Concerned Be Dismissed;

G. That An Examination And Verification Of Transfer Certificate of

Title No. 005-2015003957 , From Which was DERIVED ORIGINAL
CERTIFICATE OF TITLE NO. 7060, PURSUANT TO DECREE NO.
101200, It Would Reveal That said Title was SPURIOUS TITLE.

11. The Fact That Adm. David R. Dulfo, Is A Declared Rightful

Owner, Legitimate, Surviving Heir Of The Late Don Domingo B. De
Ocampo, And His Father Lt. Col. Bonifacio C. Dulfo, And Court
Appointed Judicial Administrator-Overseers Of Parcels Of Land
Covered By O.C.T. No. 779, And Decree No. 10139, Issued On
March 14, 1913, And Plan No. 11-4509, Approved on October 23,
1911, Is Not To Be Disputed As The Same — Fact Had Already
Been Settled In Special Proceedings Case No. P-75-92, Branch
16, RTC, Malolos, Bulacan, And Disposed Of Finally By The
Honorable COURT OF APPEALS RESOLUTION, in CA-G.R.-SP-
NO.43605, Which Became Final And Immediately Executory By
The Honorable SUPREME COURT EN BANC DECISION Docketed
In G.R.-SP-NO. 103727; And G.R.-CV-No. 106496, Promulgated On
December 18, 1996, That Adm. David R. Dulfo, And His Tenants,
 Present Occupants Has All The Right To Pursue Recovery Of
Superior Ownership Of Parcels Of Land Within The Land Area
Covered By O.C.T. — No. 779, Decree No. 10139, Defendants
Intends To Present The Following Witnesses Namely:

1. SPOUSES JIMMY MONTEFAR

2. SINONA MONTEFAR,

3. SPOUSE GILBERT DE GUZMAN, And

4. CRISANTA DE GUZMAN,

5. EVAR LUCERNAS,

6. ABELITO LUCERNAS, -

7. FRANKLIN MASBAD,

8. FRANCISCO MASBAD, ET. AL.,

AND OTHER RESERVED THE RIGHTS WITNESS OF THE

DEFENDANTS WITNESSES

Defendants reserves the right to present additional witnesses

during the course of the trial as the need arises.

DISCOVERY PROCEDURES AND REFERAL TO COMMISSIONERS

12. Discovery Procedures And-Or Referral To Commissioners’ Is

No Longer — Necessary, Because The Issues Are Simple
Dismissal Of This Case, By Reason The Said Plaintiff LED
PERLITA O. MARTINEZ Et Al., JUDY OLIVA, IMELDA A. GRACIO,
AND PORFERIO L. GRACIO ET AL., Is Not The Owner And His
Capacity As Representative, Only.

DOCUMENTARY EXHIBITS

The Evidence Marked For The Defendants EVAR LUCERNAS AND

GILBERT DE GUZMAN, To Be Presented As Follows:

1. Deed of assignment of real property dated January 9, 1979

Exhibit “1”;

2. Joint Affidavit Of Ownership Dated January 9, 1979, Exhibit

“2”;

3. Joint Affidavit Of Tenancy Dated January 9, 1979, Exhibit

“3”;

4. Confidential Cover Sheet Warning Coming From National

Bureau of Investigation, (NBI), EXHIBIT “4”;

5. Acknowledgement Letter Dated October 12, 1999, Coming

From Atty. Lucas M. Managuilod, Police Chief
Superintendent, Director Criminal Investigation And
Detection Group (CIDG), PNHP-Camp Crame, Quezon City,
EXHIBIT “5”;

6. First Indorsement Letter Dated August 4, 1999, Coming

From Atty. Nestor S.C. Caabay, Presidential Staff Director,
 Office Of The President Of The Republic Of The Philippines,
EXHIBIT "6";

7. FINDINGS CONCLUSION INVESTIGATION REPROT NO.

15499, dated August 11, 1999. Coming from ATTY. STEVE G.
CUDAL MNSA-DPA, Police Chief Superintendent Director of
CRIME LABORATORY, PHILIPPINE NATIONAL POLICE (PNP),
Camp Crame, Quezon City, EXHIBIT "7";

8. OFFICIAL GAZETTE Dated December 11, 1912, Validity

Application For Land Registration Of O.C.T. No. 779, And
Decree No. 10139 Issued on March 14, 1913, AS EXHIBIT
"8";

9. Original Certificate Of Title No. 779, Issued and Registered

On March 14, 1913, Coming From University Of The
Philippines Library, EXHIBIT “9”;

10. DECREE NO. 10139, Issued And Registered on March

14, 1913, Issued In The Name Of the Late Don Domingo b. De
Ocampo EXHIBIT "10";

11. Certification Dated May 14, 1997, Coming From Atty.

Rufino V. Mijares, Commissioner Department Of Justice
Commission On The Settlement Of Lands Problems, NIA-
Road, Quezon City, EXHIBIT "11";

12. Certifications Dated January 8, 2012, Coming From

land Registration Authority, Signed By Atty. Edwin Flor C.
Barroga, EXHIBIT "12"; AND EXHIBIT "13, MADE INTEGRAL
PART HEREOF;

13. TAX DECLARATION NO. 8499 Issued on August 16,

1892, Including Segregated TAX DECLARATIONS -
CERTIFICATION OF REGISTRATION, AS EXHIBITS “14” ,
“15”, “16” AND EXHIBIT “17”; Which was The Basis Of The
Issuance Of O.C.T. No. 779, And Decree No. 10139, Issued
on March 14, 1913;
 14. Segregated APPROVED PLAN R.S. — NO. 1589,
Approved On December 3, 1982, In The Name Of Adm. David
R. Dulfo, Rizal Yante and Nestor Basinillo, As Real Owner Of
Said Portion Of Land AS EXHIBIT "18";

15. AND OFFICIAL RECEIPT NOS. LRA-12452470-2, OR. -

NO. 4875826-M, O.R. - NO, LRA-12480494-5, O.R. - NO.
7422296K, OR. - NO. 7422302-K, OR. - NO. LM-1222358055
OCR. NO. I-RA - 122223582-0; - NO. LRA - 10606896-6, OR.
NO. 1004410693; O.R. - No. 1013-065573, AS EXHIBITS “19”
UP TO EXHIBITS “26” Evidencing Payment In To
Procurement Of The CERTIFIED TRUE XEROX COPIES
Coming From L.R.A.;

13. Defendants And Other Present Occupants Co-Owners of Said

Parcels Of Land Reserves The Right Of Another Witnesses To
Present Additional Discovery Documentary Evidences During The
Course Of The Trial As the Need Arises.

APPLICABLE LAWS AND JURISPRUDENCE

14. Includes Pertinent Provisions Of The New Civil Code Of The

Philippines, The Rules Of Court And Pertinent Decisions Of The
Honorable Supreme Court Related To The Case. Further, in Jose
Vs. Alfuerto, It Is Ruled That Tolerance Or Permission, Must Have
Been Present At The Very beginning Of Actual Physical
Possession In Compliance Section 1 Rule 70 Of The Rules On
Civil Procedures And Rules Of Court If The Possession Was
Unlawful From The Start, An Action For Unlawful Detainer Would
Not Be The Proper Remedy And Should Be Dismissed.

15. As The Instant Complaint And Its Annexes Fail To Allege

Jurisdictional Facts That Could Make Out A Case For “FORCIBLE
ENTRY” Or Unlawful Detainer, The Court Is Divested Of
Jurisdiction To Take Cognizance Of The Complaint, Indeed, When
A Court Has No Jurisdiction Over The Subject Matter, The Only
Power It Has Is To Dismiss The Action In This Case.
 AVAILABLE TRIAL DATES

16. The Trial Dates Agreed Upon By The Parties And The Office
Of The Honorable Clerk Of Court, There Being No Other Matters
To Be Discussed, The Preliminary Conference Is Hereby
TERMINATED Shall Be Allowed By.

PRAYER

WHEREFORE, It Is Respectfully Prayed That Plaintiffs Application

For Temporary Restraining Order And Writ Of Preliminary Injunction,
Applied For The DENIAL And Suspending The Continuation Of The
Proceedings, That This Honorable Court, That The Above-entitled
Case Be DISMISSED And That The Same Be Litigated In The Proper
FORUM For Accion Publiciana.

Defendants Prays For Such Other Relief And Remedies This

Honorable Court, May Deem Just And Equitable Under The Premises,
At The City Of Quezon, For The City Of Las Piñas, Metro Manila ,
Philippines, This ___ Day Of _____, In The Year Of Our Lord A.D. 2020,
At Quezon City, Philippines.
 CAPOQUIAN, ROMERO, METILA LAW OFFICE AND ASSOCIATES At
Juanito Bodanio Green House, Bonifacio Dulfo Compound No. 8-
Tanguile Street, Feria Road, Barangay Old Balara Quezon City, Metro
Manila, Philippines

By:

ATTY. ENGRACIO M. ICASIANO

Counsel For The Defendants-Heirs
PTR No. 5521089; on January 3, 2018, QC.
IBP No. AR000559; on December 3, 2018, QC.
MCLE Compliance No. V-0021528; May 2, 2016
Attorney Roll No. 21292, City Of Manila
At Juanito Bodanio Green House Bonifacio Dulfo Compound No. 8-
Tanguile Street, Feria Road, Quezon City, M.M

CERTIFICATION/CERTIFICATION

I, EVAR LUCERNAS AND GILBERT DE GUZMAN, Both Of Legal

Ages, Married, Filipino, With Postal Address At EXODUS STREET,
PHASE 2 BF MARTIN VILLE SUBD. BARANGAY MANUYO DOS, Las
Piñas, Metro Manila, Philippines, Subscribing Under Oath Hereby
Declare:
 1. That I Am The One Of The Defendants In The Above Mentioned
Case;

2. That I Have Read The Foregoing Complaint And That The

Allegations Contained Therein Are True And Correct Of My Own
Personal Knowledge And Based On Authentic Records;

3. That I Have Caused The Filing Of This Complaint;

4. That I Have Not Thereof Commenced Any Other Action Of

Proceeding Involving The Same Issues In The Supreme Court,
The Court Of Appeals Or Any Other Tribunal Or Agency And, That
To The Best Of Our Knowledge No Such Action Or Proceeding Is
Pending In The Supreme Court, Court Of Appeals Or Any Tribunal
Or Agency;

5. That If I Learn Thereafter That A Similar Action Or Proceeding

Has Been Filed Or Is Pending Before The Supreme Court, The
Court Of Appeals Or Any Other Tribunal Agency, I Undertake;

To Report That Fact Within Five (5) Days Therefrom To This

Honorable Court.

IN WITNESS WHEREOF, I Have Hereunto Signed This Verification

and Certification of Non-Forum Shopping, This ___ Day Of ____________
In The Year of Our Lord, A.D. 2020, At The City of Quezon City For Las
Piñas City, Metro Manila, Philippines

EVAR LUCERNAS
AFFIANT
Valid ID-No.:N-26-03-060284
Issued On: March 22, 2017
Issued At: Las Piñas City
 GILBERT DE GUZMAN
AFFIANT
Valid ID-No.: 7601-0386-D1370-
GAD10000-7
Issued On: January 4, 2004
Issued At: Las Piñas City

SUBSCRIBED AND SWORN TO BEFORE ME This ____ Day Of

___________________, In The Year of Our Lord A.D. 2020, At Quezon City,
For Las Piñas City, Metro Manila, Philippines, All Affiants Exhibiting
To Me His/Her Valid ID Numbers Issued By The Government Offices
Concerned.

Doc. No._________;
Page No._________;
Book No._________;
Series of 2020.

Copy Furnished:.
ATTY. JULIAN T. TUTANES Registry Receipt No.__________
Counsel for Plaintiffs Post Office At_________________
B29, Lot 5, Riverview Drive Date and Time________________
Ridgemont Executive Village
San Isidro, Taytay-Rizal
Philippines
 EXPLANATION

(Pursuant to Section 11, Rule 13 Of The 1997 Rules Of Civil

Procedure)

Service Of The Foregoing Position Paper For The Defendants Is

By Registered Mail With Return Card, Because Personal Service Is Not
Practicable At This Time Due to Distance.

ATTY. ENGRACIO M. ICASIANO