Scribd Logo
Upload

Welcome to Scribd!

  • MotionforLeavetoFileIntervention Draft

    Uploaded by

    James Mareck M Desoacido
    112 views4 pages
    This document is a "Motion for Leave to File Complaint-in-Intervention" filed in the Regional Trial Court of Quezon City, Branch 101. The motion requests that the court allow intervenors Elmor J. Castilo and Flora N. Castilo to intervene in a civil case regarding a dispute over a parcel of land. The intervenors have a related pending case involving the same private defendants. Intervening in this case would protect their legal interests and rights rather than requiring a separate new proceeding. The motion includes a notice of hearing and explanation of service by registered mail due to logistical challenges with personal service.

    Original Description:

    thanks

    Original Title

    MotionforLeavetoFileIntervention.draft

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is a "Motion for Leave to File Complaint-in-Intervention" filed in the Regional Trial Court of Quezon City, Branch 101. The motion requests that the court allow intervenors Elmor J. Castilo and Flora N. Castilo to intervene in a civil case regarding a dispute over a parcel of land. The intervenors have a related pending case involving the same private defendants. Intervening in this case would protect their legal interests and rights rather than requiring a separate new proceeding. The motion includes a notice of hearing and explanation of service by registered mail due to logistical challenges with personal service.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    112 views4 pages

    MotionforLeavetoFileIntervention Draft

    Uploaded by

    James Mareck M Desoacido
    This document is a "Motion for Leave to File Complaint-in-Intervention" filed in the Regional Trial Court of Quezon City, Branch 101. The motion requests that the court allow intervenors Elmor J. Castilo and Flora N. Castilo to intervene in a civil case regarding a dispute over a parcel of land. The intervenors have a related pending case involving the same private defendants. Intervening in this case would protect their legal interests and rights rather than requiring a separate new proceeding. The motion includes a notice of hearing and explanation of service by registered mail due to logistical challenges with personal service.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    REGIONAL TRIAL COURT


    National Capital Judicial Region
    Branch 101, Quezon City

    NOLI H. MANONGDO/ DANNY


    MANONGDO/ RENATO H.
    MANONGDO/ CYNTHIA M.
    ELMIDO/ CECILLE M. QUIZON/
    RAUL H. MANONGDO/ HEIRS
    OF CAROLINA H. MANONGDO,
    represented by their attorney- CIVIL CASE No:
    in-fact Raul H. Manongdo, R-QZN-17-02675-CV

    Plaintiff/s, FOR:

    SPECIFIC PERFORMANCE
    -versus- and DAMAGES

    QUEZON CITY GOVERNMENT/


    VICTOR B. ENDRIGA, in his
    official Capacity as Treasurer
    of Quezon City/ ATTY. CARLO
    V. ALCANTARA, in his official
    capacity as Registrar of
    Deeds, Quezon City/ OFELIA E.
    GAMILLA, as represented by
    her heirs MARY ELIZABETH
    GAMILLA, JAIME GAMILLA,
    REYNALDO GAMILLA, as
    further represented by his
    heirs Genevieve O. Gamilla &
    Regene Josephine O. Gamilla,
    ATTY. KRISTIA GAMILLA,
    KRISPEL JANE GAMILLA &
    KAREN CHRISTIE GAMILLA,,

    Defendant/s.

    SPOUSES ELMOR J. CASTILO


    AND FLORA N. CASTILLO,

    Intervenors,
    X---------------------------------X

    Page 1 of 4
    MOTION FOR LEAVE TO FILE COMPLAINT-IN-
    INTERVENTION

    COMES NOW the Intervenors, by the undersigned


    counsel, and unto this Honorable Court, most respectfully
    requests for leave to intervene in the above-captioned
    case, for the following reasons:

    Intervenors have a pending case against the private


    defendants in this case, specifically against OFELIA E.
    GAMILLA, as represented by her heirs MARY ELIZABETH
    GAMILLA, JAIME GAMILLA, REYNALDO GAMILLA, as further
    represented by his heirs Genevieve O. Gamilla & Regene
    Josephine O. Gamilla, ATTY. KRISTIA GAMILLA, KRISPEL
    JANE GAMILLA & KAREN CHRISTIE GAMILLA, pending before
    Branch 217 of the Regional Trial Court of Quezon City with
    Civil Case No. Q-10-66258;

    A copy of the Motion for Leave of Court to Admit Attached


    Amended Answer with Special and Affirmative Defenses and
    Counterclaim for Damages filed with the above-mentioned
    Court is attached here as ANNEX “A”.

    One of the issues of the said case involves the Auction Sale
    participated into by herein Spouses Castillo and Ofelia E.
    Gamilla which is the subject of this Annulment of Auction Sale
    and Damages with Case No. R-QZN-15-02503-SC pending
    before this Honorable Court;

    Intervenors has a legal interest in the matter in litigation, or in


    the success of the complainant, or is so situated as to be
    Page 2 of 4
    adversely affected by a distribution or other disposition of the
    parcel of land, subject matter of the above-captioned case;

    That this intervention will not, in the least, unduly delay or


    prejudice the adjudication of the rights of the original parties
    in the case;

    That the Intervenors’ rights can be fully protected in this


    proceeding rather than by filing a separate proceeding.

    PRAYER

    WHEREFORE, it is most respectfully prayed that the said


    intervenors be allowed to intervene in this action by filing a
    Complaint in Intervention, a copy of which is attached to this
    motion, and that the said Complaint in Intervention be
    admitted and made part of the records of this case.

    Petitioner prays for such other just and equitable reliefs.

    Quezon City, Philippines, 27 October 2017.

    JAMES MARECK M. DESOACIDO


    Counsel for the Intervenors
    Ground Floor, Manere Building I, V-
    Luna Av., Corner Matahimik St.,
    Diliman, Q.C.
    PTR No.4238935C/02-21-17/QC
    IBP No. 1080816/02-20-17/QC
    ROLL No. 66692
    MCLE Exempt per MCLE Governing
    Board Order No. 1, s. 2008

    Page 3 of 4
    NOTICE OF HEARING

    THE BRANCH CLERK OF COURT


    Regional Trial Court
    Branch 101 – Quezon City

    ATTY. VICTOR ARIEL G. SOLIVEN


    Counsel for the Plaintiff
    G/F/ F. Soliven Bldg., 860 Santo Tomas St.,
    Sampaloc, Manila

    Greetings:

    Please submit the foregoing Motion for Extension,


    immediately upon receipt hereof, to this Honorable Court for
    its kind consideration and approval.

    JAMES MARECK M. DESOACIDO

    EXPLANATION
    (Pursuant to Sec. 11, Rule 13 of the 1997 Rules of Civil
    Procedure)

    This Motion for Leave to File Complaint-in-Intervention is


    being served by Registered Mail/LBC, personal service being
    impractical on account of the distance, heavy vehicular traffic
    and lack of available messengerial staff at this time.

    JAMES MARECK M. DESOACIDO

    COPY FURNISHED:

    ATTY. VICTOR ARIEL G. SOLIVEN


    Counsel for the Plaintiff
    G/F/ F. Soliven Bldg., 860 Santo Tomas St.,
    Sampaloc, Manila

    Page 4 of 4

    You might also like