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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Paraaque City, Branch 196
GARVILLE EDISON
NEIGHBORHOOD
ASSOCIATION, INC.,
represented by its Attorneyin-fact, Association
President, Victor Arjona, Jr.,
Plaintiff,
-versus-

Civil Case No. 15-102


For: Specific
Performance
of Agreement with
Damages

JOVENCIO T. MADAMBA and


ASTERIO
T.
MADAMBA,
represented
by
their
Attorney-in-fact, J. Antonio
Leviste, Jr.,
Defendants.
x--------------------------------------------x

Comment/Opposition
with Manifestation and Motion for
Issuance
of Production and Inspection Order
Defendant Jose Antonio C. Leviste, through the
undersigned counsel, to the Honorable Court most
respectfully states that:

Comment/Opposition
with Manifestation
1. On 09 November 2016, he received a copy of the Very
Urgent Manifestation with Motion from Plaintiff dated
27 October 2016;
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2. In the said pleading, Plaintiff is asking again for


another thirty day extension to inform the Honorable
Court the circumstances of Asterio T. Madamba and/or
the heirs of the Madamba Brothers. The prayer is
made despite manifestation from Plaintiffs counsel of
having been warned by the Court during the last
hearing that there shall be no further extension of time
that
will
be
given
to
them.
Hence,
this
Comment/Opposition with Manifestation of Defendant
Leviste;
3. Plaintiffs madness should be put to a halt. On 26
October 2016, Defendant Leviste received a subpoena
from the Office of the City Prosecutor of Paraaque
directing him to submit his Counter Affidavit to the
Complaint filed against him by Plaintiff for Falsification
of Public Document by a Private Individual/Perjury.
Copy of the subpoena with attached complaint is
enclosed as Annex A;
4. The subject of the criminal complaint is still the fake
Agreement Defendant allegedly entered in behalf of
Real Estate Investors, Inc. with herein Plaintiff
Association;
5. Plaintiff is suing Defendant criminally because it
alleges the he made untruthful statements in the fake
Agreement when he declared therein that the
corporation he is representing is the owner of the
property owned and registered in the name of the
Madamba Brothers covered by TCT No. 273350;
6. The above allegation of Plaintiff is a clear admission
that the Madamba Brothers have nothing to do with
the instant case. To be more specific, Plaintiff made the
following allegation in its Complaint Affidavit:
4. Respondent herein enticed and prevailed
upon the Association. They were shown titles
of possible relocation sites. Very particular in
this case is a property covered by TCT No.
273350 situated at Cul de Sac Street, Brgy.
Sun Valley, Paraaque City.
7. Accordingly, all those extensions of time given to
Plaintiff to implead the heirs of the Madamba Brothers
are all a waste of time. Surely, if the Madamba
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Brothers had any participation in the criminal acts


complained of, Plaintiff will definitely alleged them in
its Complaint Affidavit which it did not;
8. Moreover, since the criminal complaint filed by Plaintiff
revolves around the contents of the same fake
Agreement, prudence dictates that it should have
informed the Honorable Court of such fact. Failure by
the Plaintiff to do the same is a clear violation of its
undertaking against forum shopping which constitutes
indirect contempt;
9. The issues between the instant case and the criminal
complaint filed by Plaintiff indisputably share a
common issue which is the genuineness and validity of
the purported Agreement. Hence, Plaintiff is duty
bound by its undertaking in its Certificate Against
Forum Shopping to inform the Honorable Court within
five (5) days of the fact of such filing;
10.
It is therefore crystal clear that Plaintiffs filing of
the
criminal
case
against
Leviste
for
Falsification/Perjury is an explicit admission that it has
no cause of action against the Madambas concerning
the purported Agreement of which they, to begin with,
were not even a party or signatory. In other words, the
filing of the criminal case by Plaintiff against Leviste is
a way of its saying that Leviste defrauded them but it
still wants to get the property of the Madambas;

Motion for Issuance


of Production and Inspection Order
under Rule 27
11.
Equally important to manifest is that Defendant
Leviste discovered that the purported Agreement made
as basis of Plaintiffs cause of action against him in the
instant case is just a mere xerox copy. This fact is
certified by the Office of the Clerk of Court-Regional
Trial Court Makati City. Copy of the Certification is
attached as Annex B;
12.
Plaintiff knew this fact because it was the one
who made the request for a certified true copy thereof.
Copy of the request is attached as Annex C. Hence,
this motion;
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13.
Since the instant case is presently in its pretrial
stage, Defendant would like to take advantage of the
opportunity to avail of the modes of discovery provided
under Rule 27 of the Rules of Court, to wit:
RULE 27
Production or Inspection of Documents or
Things
Section 1.Motion
for
production
or
inspection; order. Upon motion of any
party showing good cause therefor, the
court in which an action is pending may
(a) order any party to produce and
permit the inspection and copying or
photographing, by or on behalf of the
moving
party,
of
any
designated
documents, papers, books, accounts,
letters, photographs, objects or tangible
things, not privileged, which constitute
or contain evidence material to any
matter involved in the action and which
are in his possession, custody or control,
or (b) order any party to permit entry upon
designated land or other property in his
possession or control for the purpose of
inspecting,
measuring,
surveying,
or
photographing
the
property
or
any
designated relevant object or operation
thereon. The order shall specify the time,
place and manner of making the inspection
and taking copies and photographs, and may
prescribe such terms and conditions as are
just.
14.
The certification issued by the Office of the
Clerk of Court RTC, Makati City is a good cause
for the issuance of the requested order. Surely if
the purported Agreement is genuine as what
Plaintiff claims it to be, there would be no
problem for its compliance once the prayed order
is issued.

PRAYER
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WHEREFORE, above premises considered, it is


respectfully prayed to the Honorable Court that:
1. The Manifestation of the filing of the criminal
complaint by Plaintiff against Defendant be NOTED;
2. The Motion to Allow Last Extension of Time filed by
Plaintiff be DENIED;
3. The Motion to Admit Re-Amended Complaint
impleading any Madamba as Defendant filed by
Plaintiff be also DENIED;
4. The Motion for Issuance of Production and Inspection
Order be GRANTED.
Other reliefs just and equitable are likewise prayed for.
Respectfully submitted on 16 November 2016, Makati
City for Paraaque City.
By:
ANDRES JOSE MAURICIO ALBA
9F LPL Towers, 112 Legazpi Street, Legazpi Village, Makati City

Counsel for Defendant


Jose Antonio C. Leviste
Mobile: 09255515029
Email: ajmalba21@gmail.com
Roll No. 64838
IBP No. 1026749; 01.20.2016
PTR No. MKT 5336280; 01.11.2016
MCLE Compliance No. V-0023769

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Notice of Hearing
Branch Clerk of Court
Atty. Benedicto D. Tabaquero
Tabaquero Albano Lopez & Associates
Counsel for Plaintiff
Greetings!
Please take notice that the foregoing Motion for Issuance
of Production and Order shall be submitted for the
consideration and approval of the Honorable Court on
Friday, 02 December 2016 at 2 p.m. or as soon as counsel
and matter may be heard.
ANDRES JOSE MAURICIO ALBA

Copy Furnished:
Branch Clerk of Court
Regional Trial Court
Paraaque City, Branch 196
Atty. Benedicto D. Tabaquero
Tabaquero Albano Lopez & Associates
Counsel for the Plaintiff
4th Floor, Alcoser Building, San Antonio Avenue
SAV-1 Brgy. San Antonio, Paraaque City

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