Republic of the Philippines]

Calamba City, Laguna

] s.s.

AFFIDAVIT OF MERIT IN SUPPORT OF APPLICATION

FOR ISSUANCE OF PRELIMINARY INJUNCTION
I, ANTONIO DE MESA PEREZ, of legal age, Filipino, married and with postal address
at No. 20 Begonia Street, Ceris I Village, Canlubang, Calamba City, after having been
sworn in accordance with law, hereby depose and state that
1.

I am one of the plaintiffs in a complaint for Partition filed before the Regional Trial Court
of Calamba City, entitled Antonio Perez, Et. Al. versus Heirs of Eriberto Perez and
docketed as Civil Case No. _______________ before the said court.

2.

Said action for Partition involves two separate parcels of real properties designated as
Lot No. 4680-F (located at National Highway, Parian, Calamaba City) and Lot No.
4443-F (located at Brgy. 7, Calamba City), which I co-own with my siblings Lourdes
Perez-Arambulo, Ernesto Perez, Veronica Perez, Emmanuel Perez, Julieta Perez-Fulo
(deceased, rep. by her heirs), and Eriberto Perez (deceased, rep. by his heirs).

3.

I was appointed by Lourdes Perez-Arambulo, Ernesto Perez, Veronica Perez, Ernesto

Perez, Emmanuel Perez, and the heirs of Julieta Perez-Fulo as administrator and
attorney-in-fact. Hence, I am representing these persons in the above-mentioned
action for partition before the Regional Trial Court of Calamba City.
A. Lot No. 4680-F

4.

I personally discovered that on 25 November 2009 Norma Manalo (a defendant in the

above-mentioned case) illegally leased in favor of two (2) total strangers the most
commercially viable portions of Lot No. 4680-F, specifically the part of the property in
front of the highway. Said Norma Manalo did so without any authorization from the
plaintiffs/co-owners or from me as administrator of the property.

5.

In illegally leasing and collecting the rents on the above-mentioned prime areas of Lot
4680-F, Norma Manalo falsely, unlawfully, feloniously and fraudulently claimed before
third persons that she is the owner of the property, in violation of our rights as coowners and as administrator. This fraudulent misrepresentation of Norma Manalo is
clearly shown in the two (2) rental contracts which she separately entered into with
persons named Marlyn Serrano and Rowena Bechayda.

6.

In the said illegal rental contracts (Annexes C and D of the complaint for Partition),
Norma Manalo directly misrepresented that she is the owner of the above-described
property in violation of the property rights of its registered co-owners. Now, in order to
protect the rights of the co-owners (plaintiffs in the partition case) and prevent Norma
Manalo from committing further acts of fraud and usurpation of our property rights, it is
respectfully sought and asked of the Honorable Court that, a writ of Preliminary
Injunction be issued against said Norma Manalo for her and her co-defendants, to
refrain from further committing said or similar acts of contracting with third persons for
the rental of Lot No. 4680-F.
B. Lot No. 4443-F

7.

Norma Manalo and her children continuously occupied and built a house, and over the
years constructed extension structures adjacent to said house in Lot No. 4443-F. Said
house and the extensions thereon are encroaching upon the expanse of Lot No. 4443F without regard and in violation of the rights of the co-owners, plaintiffs in the case.

8.

In order to protect our rights, being co-owners of Lot No. 4443-F, it is respectfully
submitted that Norma Manalo and her children (Heirs of Eriberto Perez) must be
prohibited and enjoined from committing further acts of encroachment and construction
or house-expansion on the remaining portions of Lot No. 4443-F, through a Writ of
Preliminary Injunction from the Honorable Court during the pendency of this case and
until such time that partition is decreed, and actual physical demarcation on the ground
shall have been placed.

9.

The commission or continuance of the foregoing acts complained of during the course
of litigation, if not restrained by way of preliminary injunction, would work injustice to
the co-owners (plaintiffs in the partition case). Such injustice consists in the
unauthorized and illegal exercise of acts of dominion by Norma Manalo and her
children over the two (2) parcels of real property subject of the suit for partition.

10. Plaintiffs-applicants are entitled to the reliefs prayed for in their complaint, and part of
such relief consists in restraining the commission or continuation of the acts
complained of, the above-described acts being violative of the individual proprietary
rights of the co-owners who are now seeking a judicially decreed partition.
11. Unless exempted by this Honorable Court, plaintiffs are willing to post a reasonable
amount of bond in support of their application for issuance of a writ of preliminary
injunction against Norman Manalo and her children
IN WITNESS HEREOF, I hereto affixed my signature this 25th day of January 2010 in
Calamba City, Laguna.
ANTONIO DE MESA PEREZ
Affiant
SUBSCRIBED AND SWORN to before me by affiant with Community Tax Certificate
No. 08383565 issued in Canlubang, Calamba City on 15 November 2009.
WITNESS MY HAND AND NOTARIAL SEAL this 25th day of January 2010 in
Calamba City, Laguna.

NOTARY PUBLIC

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2010.

AFFIDAVIT OF MERIT IN SUPPORT OF APPLICATION

FOR ISSUANCE OF PRELIMINARY INJUNCTION
Page 2 of 2
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