Thursday, March 29, 2007

COURT ORDER PUBLICATION


Republic of the Philippines
Regional Trial Court
Sixth Judicial Region
Branch 2
Kalibo, Aklan

Re: petition for change of
Petitioner’s sex from male to spcl. Proc. No. 7988
Female in the birth records of
Cherry marie morales esmeralda,
CHERRY MARIE MORALES ESMERALDA,
Petitioner,
-versus-
THE MUNICIPAL CIVIL REGISTRAR OF NEW
WASHINGTON, AKLAN, PHILIPPINES,
Respondent.
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ORDER

CHERRY MARIE MORALES – ESMERALDA, Filipino, of legal age, single, a resident of Poblacion, New Washington, Aklan, in a verified petition prays that the entry appearing in her Certificate of Live Birth particularly the entry as to her sex be changed from "MALE" to "FEMALE", in order to avoid confusion and to put in order the entry in her Certificate of Live Birth.
It appearing that the petition is sufficient in form and substance, the Court hereby sets its hearing on April 23, 2007 at 9:30 in the morning, at which time, all interested parties may appear and show cause why this petition should not be granted.
Let copy of this Order be published once a week for three consecutive weeks in Madyaas Pen, a newspaper of general circulation published in the Province of Aklan, and notice of this Order, together with the petition be furnished the Honorable Solicitor General, the Provincial Prosecutor of Aklan, the Municipal Civil Registrar of New Washington, Aklan, the Civil Registrar General, the petitioner and her counsel, Atty. Romualdo Q. Fernandez.

SO ORDERED.
Kalibo, Aklan, Philippines
February 12, 2007

(Sgd.) LEDELIA P. ARAGONA – BILIRAN
Presiding Judge
-O-


Republic of the Philippines
REGIONAL TRIAL COURT
Sixth Judicial region
BRANCH 6
Kalibo, Aklan

IN RE: PETITION FOR CORRECTION OF DATE OF BIRTH IN THE CERTIFICATE OF LIVE BIRTH OF PETITIONER FROM MAY 26, 1952 TO MAY 26, 1948
NIEVA S. RIMON,
Petitioner,
-versus- SPL. PROC. NO. 7976
OFFICE OF THE MUNICIPAL CIVIL
REGISTRAR OF BANGA, AKLAN,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
ORDER
SEEKING to rectify an erroneous entry in her certificate of live birth relative to her date of birth registered therein as May 26, 1952 instead of May 26, 1948, petitioner filed the instant petition on January 11, 2007, praying that after due notice and hearing, the respondent Municipal Civil Registrar of Banga, Aklan be ordered to effect the correction of petitioner’s date of birth in her certificate of live birth from May 26, 1952 to May 26, 1948.
Finding the petition sufficient in form and substance, set the INITIAL HEARING thereof on April 20, 2007 at 9:30 in the morning at the Session Hall of this court, Branch 6, Kalibo, Aklan, on which date and time, any interested person may appear and show cause why the instant petition should not be granted.
A copy of this Order shall be published in the Madyaas Pen, a newspaper of general circulation in the Province of Aklan once a week for three (3) consecutive weeks at the expense of the petitioner.
Send copies of this Order, together with the petition and its annexes, to the Honorable Solicitor General, 134 Amorsolo St., Legaspi Village, Makati City; the Municipal Civil Registrar, Banga, Aklan; and the Officer of the Provincial Prosecutor, Kalibo, Aklan. Copies of this Order shall also be sent to the petitioner and her counsel.
SO ORDERED.
Kalibo, Aklan.
February 20, 2007.

(Sgd.) NIOVADY M. MARIN
Judge
-O-

Republic of the Philippines
REGIONAL TRIAL COURT
6th Judicial Region
Branch 13
Culasi, Antique

RURAL BANK OF TIBIAO, FORECLOSURE OF REAL
(ANTIQUE) INC. ESTATE MORTGAGE
Mortgagee. UNDER ACT 3135 AS
AMENDED
- versus - EJF-2007-02
NITA X. ALVIAR.
Mortgagor.
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SHERIFF’S NOTICE OF SALE AT PUBLIC AUCTION

WHEREAS, by virtue of a Real Estate Mortgage executed on December 21, 2004 duly recorded in the Office of the Register of Deeds of Antique on December 16, 2004, Nita X. Alviar did mortgage in favor of the Rural Bank of Tibiao (Antique) Inc., mortgagee, for the purpose of securing the payment of a principal obligation in the sum of FOUR HUNDRED TWENTY EIGHT THOUSAND TWO HUNDRED FIFTY SIX PESOS AND NINETY CENTAVOS (Php. 428,256.90), Philippine currency, including principal, past due interest, penalty, attorneys fee and litigation expenses as of February 28, 2007, the sheriff of Culasi, Antique, through the undersigned OIC, Branch Clerk of Court, will Sale at Public Auction on April 19, 2007 at 9:00 o’clock in the morning or soon thereafter at his Office at the Regional Trial Court, Branch 13, Culasi, Antique, to the highest bidder for cash and in Philippine currency the following parcel of land, to wit:

TAX DECLARATION NO. 020-0222

"A parcel of un-registered residential land, Lot No. 4098 pt., situated at Fe, Culasi, Antique, Philippines, together with all improvements thereon, containing an area of ONE THOUSAND ONE HUNDRED SIXTY NINE (1,169) square meters, more or less; bounded on the North by Lot No. 4098 pt.; East by National Road; South by Lot No. 4092; and on the West by Lot No. 4093; declared in the name of NITA X. ALVIAR, under Tax Declaration Number 020-0222 for the year 2004, with an assessed value of P21,040.00."
That should the auction sale scheduled on April 19, 2007 be postponed on account of the failure to secure at least two (2) bidders as mandated by the Supreme Court Resolution No. A.M. 99-10-05-0, the auction sale will be held again on April 26, 2007 at 9:00 o’clock in the morning before the Office of the Clerk of Court, Regional Trial Court, Culasi, Antique.
Let this Notice of Sale be published and posted in accordance with the provisions of law.
Prospective bidders and/or buyers are hereby enjoined to investigate for themselves the title of the above-described property and the encumbrances existing thereon, if any there be.
Culasi, Antique, Philippines, March 14, 2007.

(Sgd.) GIOVANNI R. RLATOR
Sheriff IV
OIC, Branch Clerk of Court
-O-

Republic of the Philippines
REGIONAL TRIAL COURT
Sixth Judicial Region
BRANCH 4
Kalibo, Aklan

IN THE MATTER OF PETITION FOR DECLARATION OF THE PRESUMPTIVE DEATH OF DONNIE B. PANADERO

JOSEPHINE QUIMPO-PANADERO, SPL. PROC. NO. 7973
Petitioner,
x — — — — x

AMENDED ORDER

A verified petition dated December 27, 2006 was filed by the petitioner, through counsel praying that after due notice, publication and hearing, an order be issued declaring the presumptive death of her husband, Donnie B. Panadero.
Petitioner averred that she and Donnie Panadero contracted marriage on January 5, 1985 at Altavas Catholic Church, Altavas, Aklan. After their marriage, she and her husband lived at the house of the latter’s parents and stayed there for a period of twelve (12) years, more or less. Sometime in 1998, Donnie B. Panadero left their conjugal dwelling without telling the petitioner where to go. Petitioner thought that he only went to his relatives but after days, weeks and months, he never came home anymore. Petitioner exerted efforts to locate where her husband was, she made some queries from her parents-in-law and her husband’s other relatives and nearest kin but the result was negative up to the present. She instructed her parents-in-law that in case they have news regarding Donnie Panadero, they will inform her at once. However, as of this date, no news were heard as to the presence and whereabouts of Donnie Panadero. Everytime when petitioner met any of the relatives or friends of her husband she asked them as to the whereabouts of Donnie and they were also surprised regarding the latter’s predicament for they don’t have any knowledge as to his whereabouts and they even promised the petitioner to call and inform her in case they have any news regarding him. Not contented as to the absence of her spouse, petitioner exerted extra effort in asking her parents-in-law about his other relatives in the different parts of the Philippines and their contact numbers. Petitioner called through cellular phone the relatives of Donnie and asked regarding his whereabouts but up to the present no news were heard about him. It is not only the petitioner that longs for the presence of her husband but also their children, so petitioner sought the help of the media to disseminate the news as to the absence of Donnie Panadero and any information about him shall immediately be reported but the same was also in vain. During the early stage of their marriage, whenever petitioner and Donnie Panadero had any marital disagreement, it is the practice of the latter to leave the conjugal dwelling but he always return three (3) to five (5) days the most. Ever since Donnie Panadero is absent in the conjugal dwelling, he dutifully inform petitioner as to his destination and he periodically inform the latter as to his whereabouts unlike the present situation that for more than eight (8) years, Donnie Panadero never informed petitioner as to his whereabouts either by letter, telegram, phone calls or any other means of communication. All concerted efforts of the petitioner, her family, her in-laws and their relatives and friends in locating the whereabouts of Donnie Panadero were in vain for no news were heard about him. Since 1998 up to the present, petitioner had no information whatsoever as to the whereabouts of her husband Donnie Panadero. Petitioner’s marriage to Donnie Panadero bore four (4) children, namely: Dale Jasper Quimpo Panadero, Daphne Joie Quimpo Panadero, Denise Jan Quimpo Panadero, Dane Jared Quimpo Panadero. Petitioner’s husband was absent for almost eight (8) years without having been known whether he still lives and petitioner had a well-founded belief that her husband was already dead. She and Donnie Panadero have not established any conjugal property. Petitioner filed this petition for all purposes and intents of law.
It appearing that the petition is sufficient in form and substance, the Court hereby sets the initial hearing of the aforesaid petition on APRIL 17, 2007, at 9:30 o’clock in the morning, and directs that a copy of this Order be published immediately at the expense of the petitioner in Madyaas Pen, a newspaper published, edited and with general circulation in the Province of Aklan once a week for three (3) consecutive weeks.
Let copies of this Order together with copies of the petition be served upon the Solicitor General, the Provincial Prosecutor of Aklan, the petitioner and her counsel.
SO ORDERED.
Kalibo, Aklan, Philippines
March 7, 2007.

(Sgd.) NARCISO M. AGUILAR
Judge
-O-

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:
This Deed of Absolute Sale is made and executed by and between –
Otelia s. sacapaño, Jacqueline s. abello, Rowena s. malayas, yolito s. sacapaño, sally s. sacapaño, Beverly s. venus, ernina s. sacapaño, merla s. lacorte, Jocelyn s. sualog, amparo s. glori and Arturo sacapaño, Filipinos, of legal ages, and residents of Barangay Island, Malay, Aklan herein after called the VENDORS.
- and -
TATAI KAI, INC., a domestic corporation organized and existing by virtue of Philippine laws and represented here by JULIA LERVIK, of legal age, married and with address at Boracay Island, Malay, Aklan, herein after referred to as the VENDEE.
WITNESSETH: That,
The VENDORS are the heirs of the late FRANCISCO sacapaño and absolute co-owners of a parcel of land located at Balabag, Boracay Island, Malay, Aklan, more particularly bounded and described in ARP/TD No. 93-003-0204 and PIN 038-12-003-021, identified as Lot No. 643-pt. (a copy of which is attached for easy reference) issued by the provincial Assessor for the Province of Aklan, with a total area of TEN THOUSAND FOUR HUNDRED TWENTY (10,420) SQUARE METERS, more less.
FOR AND CONSIDERATION of the sum of THREE MILLION PESOS (P3,000,000.00), Philippine currency, the VENDORS hereby SELL, TRANSFER and CONVEY in a manner absolute and irrevocable in favor on the VENDEE, its, successors-in-interests and assigns a portion of the land above-described, consisting of THREE THOUSAND (3,000) SQUARE METERS, more or less as shown in the attached Sketch Plan, subject to the terms and conditions hereinafter stated.
1. The VENDEE shall pay and deliver to the VENDORS the amount of THREE Million PESOS (P3,000,000.00) in cash, the receipt whereof is hereby acknowledged from the VENDEE upon the execution of this instrument.
2. The VENDORS shall submit and surrender to the VENDEE the original copies of the latest Declaration of Real Property on the lot subject of this Deed of Absolute Sale, Real Property Tax Receipt, and such other documents that shall be necessary to effect the transfer of the property from the VENDORS to the VENDEE.
3. The VENDEE shall pay the documentary tax, capital gains tax, transfer tax, registration fee, surveyor’s fee and such other expenses necessary to effect the transfer of title on the said parcel of land in its name. Any estate taxes that may be due shall be paid by VENDORS.
4. The VENDORS shall give the VENDEE the right of first refusal in the event that the former shall sell the remaining portion of the parcel of land covered and described in ARP/TD No. 93-003-0204 and PIN 038-12-003-03-021; at the same price as what was paid for by the VENDEE on the lot subject of this instrument. The VENDEE shall have one (1) month from written notice from the VENDORS of their intentions to sell the remaining portion to exercise its right of first refusal.
5. The VENDORS shall have access to any right of way and the use of any infrastructure that will be introduced by the VENDEE provided that the latter shall incur no additional cost for such access and use. In the event that additional costs shall be incurred in the use of the infrastructure or right of way introduced by the VENDEE, the VENDORS, their heirs, assigns, and successors-in-interest shall pay for the costs thereof.
6. The VENDORS do hereby declare that the land above described is free from all liens and encumbrances. They declare that they have the perfect title and right to convey the same and warrant the same unto the VENDEE, its successors-in-interests and assigns, against any claim of a third party whomsoever. They guarantee the title and the right of the VENDEE, its, successors-in-interests and assigns to possess the property subject hereof and shall defend it against all judicial and administrative actions for eviction at their own expense. They further represent that the property is not covered by the agrarian reform program or any other program of the government affecting their capability to transfer the same on the basis of what has been agreed upon.
IN WITNESS WHEREOF, the parties have affixed their signatures on

(Sgd.) Otelia s. sacapaño (Sgd.) Jacqueline s. abello
Vendor Vendor
(Sgd.) Rowena s. malayas (Sgd.) yolito s. sacapaño
Vendor Vendor
(Sgd.) sally s. sacapaño (Sgd.) Beverly s. venus
Vendor Vendor
(Sgd.) ernina s. sacapaño (Sgd.) merla s. lacorte
Vendor Vendor
(Sgd.) Jocelyn s. sualog (Sgd.) amparo s. glori
Vendor Vendor
(Sgd.) Arturo sacapaño
Vendor
TATAI KAI, INC.
Vendee
By: (Sgd.) JULIA LERVIK
Signed in the presence of: 1. Not readable 2. Not readable
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
) S.S.
)
BEFORE ME, this 2nd day of August 2006 personally appeared the above-mentioned persons with their Community Tax Certificate/Passport No’s:
Name CTC/Passport No Date & Place of Issue
Otelia s. sacapaño cc12005-21033589 03/22/06 – Balabag, Malay, Aklan
Jacqueline s. abello CC12005-21042397 06/30/06 – Caano, Kalibo, Aklan
Rowena s. malayas CC12005-03714722 01/25/06 – Alegria, Buruanga, Aklan
yolito s. sacapaño CC12005-2102493 03/14/06 – Balabag, Malay, Aklan
sally s. sacapaño CC12005-03684431 01/04/06 – Balabag, Malay, Aklan
Beverly s. venus CC12005-03688001 01/18/06 – Balabag, Malay, Aklan
ernina s. sacapaño CC12005-21033590 03/22/06 – Balabag, Malay, Aklan
merla s. lacorte CC12005-21035091 04/27/06 – Balabag, Malay, Aklan
Jocelyn s. sualog CC12005-03724225 01/21/06 – Balabag, Malay, Aklan
amparo s. glori CC12005-21039188 05/25/06 – Balabag, Malay, Aklan
Arturo sacapaño CC12005-21023217 03/01/06 – Balabag, Malay, Aklan
JULIA LERVIK- Swedish Passport 09245140 06/04/99 – Swedish Embassy Manila
Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me the same is their own free and voluntary act and deed.
IN WITNESS WHEREOF, I hereunto fix my hand and seal on the date and place above first written.
GINA C. GARCIA
Notary Public
Until December 31, 2007
Barangay Motag, Malay, Aklan 5608
PTR No. 9176153, 1-2-06, Las Piñas
IBP No. 640270, 1-2-06, Pasay City
Attorney’s Roll No. 35286
Doc. No. 8
Page No. 2
Book No. 1
Series of 2006.

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