Orders

Republic of the Philippines
Regional Trial Court

Third Judicial Region
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
-versus- CRIMINAL CASE NO. 30316

FOR: ROBBERY
CHRISTOPHER DAMIER,
Accused.
X-----------------------x
ORDER
Acting on the Omnibus Motion filed by the accused, through

Atty. Leo-Mel Dennis B. Icalla of the Public Attorney’s Office, on
December 6, 2019, he is hereby given ten (10) days within which to
submit certified true copy of the pertinent documents of the case
pending before the Regional Trial Court Branch 8, Cabanatuan City
involving herein accused.
SO ORDERED.
Done in chambers this 3rd day of January 2020 hereat
Cabanatuan City.
JUNOFFRE R. ALZATE
Presiding Judge
Branch 29
Cabanatuan City
ELPIDIO S. SAPIANDANTE, JR.,

Plaintiff,
-versus- CIVIL CASE NO. 8335-AF
PATRICIO DOMINGO and all

Persons claiming right under
him,
Defendants.
X-----------------------x
ORDER
Acting on the Motion to Dismiss filed by defendant Victor

Domingo Trinidad, through Atty. Carlos Vincent C. Trinidad, on
December 20, 2019 moving for the dismissal of the above-entitled
case, the plaintiff is hereby given ten (10) days from receipt of this
Order to file his comment thereto. Thereafter, the incident shall be
deemed submitted for resolution.
SO ORDERED.
Done in chambers this 3rd day of January 2020 hereat
Cabanatuan City.
JUNOFFRE R. ALZATE
Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
-versus- CRIM. CASE NO. 25767-AF

FOR: Estafa Thru Falsification
of Public Document
JOLITA BAUTISTA,
REBECA E. EBUEN
And ELIZA BANAY,
Accused.
X-----------------------x
ORDER
Re-raffled to this Court is the record of the above-entitled case

by reason of the inhibition of Hon. Angelo C. Perez of the Regional Trial
Court Branch 27, Cabanatuan City.
After going over the records of this case, it appears that a

Warrant of Arrest dated August 22, 2017 was issued against all the
accused pursuant to the Order of the Court on August 8, 2017.
Thereafter, a Motion to Reconsider and Set Aside said Order was filed
by accused Rebecca E. Ebuen (“Ebuen”) and Eliza Banay (“Banay”). A
Motion to Lift Order of Arrest was subsequently filed by their counsel
on October 6, 2017. However, the aforementioned motions were not
ruled upon. Hence, said warrant of arrest is valid and existing. No return
of said warrant appears in the record.
Record likewise reveals that Ebuen and Banay have been

religiously attending the previous scheduled hearings indicating their
intention to participate in the disposition of this case. The Compromise
Agreement entered into by accused Ebuen and Banay on January 31,
2017 bolsters such intention.
WHEREFORE, premises considered, the Warrant of Arrest dated

August 22, 2017 is hereby lifted and set aside as against accused
Rebecca E. Ebuen and Eliza Banay. The Warrant Officer of Cabanatuan
City Police Station is hereby directed to immediately submit a Return
of said Warrant of Arrest with respect to accused Jolita B. Bautista and
to explain why said accused was not apprehended.
SO ORDERED.
Done in chambers this 13th day of December 2019 hereat
Cabanatuan City.
JUNOFFRE R. ALZATE
Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

FOR: Violation of Section 5
Article II of RA 9165
ALVIN JOHN JAVIER y

Lumibao,
Accused.
X-----------------------x
ORDER
Returned to this Court is the record of the above-entitled

case as per Order dated January 9, 2019 of the Honorable
Trese D. Wenceslao, Presiding Judge, Regional Trial Court
Branch 28, Cabanatuan City.
Let, therefore, the arraignment of the accused be set to

March 19, 2019 at 8:30 in the morning. Send subpoena
to the Warden of the Nueva Ecija Provincial Jail,
Caalibangbangan, Cabanatuan City for him to bring the
accused on the said date. Notify likewise all the prosecution
witnesses of this setting.
SO ORDERED.
Done in chambers this 28th day of January, 2019 hereat
Cabanatuan City.
FELIZARDO S. MONTERO, JR.

Acting Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

FOR: MURDER
LEONARDO GUNGAB AND

ENRICO GUNGAB,
Accused.
X--------------------------x
ORDER
Before this Court is the Urgent Motion to Defer

Proceedings including the Issuance of Warrant of Arrest filed
by the accused, through counsel, on January 25, 2019.
On January 31, 2019, private complainant, through

counsel, filed a Comment thereto.
Let, therefore, the hearing on the said motion be set to

February 19, 2019 at 8:30 in the morning. Send
subpoena to all the parties and their respective counsel.
SO ORDERED.
Done in chambers this 11th day of February, 2019 hereat
Cabanatuan City.


Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
-versus- CRIM. CASE NO. 20623

FOR: VIOLATION OF PD 1866
RONNIE G. VALENZUELA,
Accused.
X-----------------------x
ORDER
Before this Court is a letter from Joel John T. De Leon,

Provincial Warden of the Nueva Ecija Provincial Jail (NEPJ)
Caalibangbangan, Cabanatuan City received on December 10,
2018.
As per information indicated in the said letter, accused

Ronnie G. Valenzuela escaped from the NEPJ on December 6,
2018 on or about 5:30 to 6:00 o’clock in the morning.
Wherefore, let the bond posted by accused Ronnie G.

Valenzuela on June 27, 2013 undertaken by Travellers
Insurance Surety Corporation be cancelled and forfeited in
favor of the government. Accordingly, let the corresponding
Warrant of Arrest be issued for the apprehension of the said
accused whenever and wherever he may be located.
SO ORDERED.
Done in chambers this 4th day of December, 2018 hereat

Cabanatuan City.


Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

SIR ANGELO SANSANO

y Uy,
Accused.
X-----------------------x
ORDER
Re-raffled to this Court for consolidation is the record of

the above-entitled case as per Order dated December 18,
2018 of the Honorable Angelo C. Perez, Acting Presiding
Judge, Regional Trial Court Branch 86, Cabanatuan City.
Let, therefore, the hearing of this case be set to March

18, 2019 at 8:30 in the morning to coincide with the
scheduled hearing of Criminal Case No. 26000. Send
subpoena to the Warden of the Nueva Ecija Provincial Jail,
Caalibangbangan, Cabanatuan City for him to bring the
accused on the said date. Notify likewise all the prosecution
SO ORDERED.

Cabanatuan City.

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

SIR ANGELO SANSANO

y Uy,
Accused.
X-----------------------x
ORDER
Re-raffled to this Court is the above-entitled case for

consolidation with Criminal Case No. 26000 and 26001 for
Violation of Sections 12 and 11 Article II of RA 9165,
respectively, as per Order dated December 18, 2018 of
Honorable Angelo C. Perez, Acting Presiding Judge, Regional
Trial Court (RTC) Branch 86, Cabanatuan City.
After examination of the records, this Court finds no merit

to the consolidation as the same is inconsistent with the
provisions of the Rules1. While it is true that the cases involved
the same accused, they, however, transpired on different dates.
The instant case happened on November 24, 2016, while the
other cases on July 7, 2016.
1
Section 22, Rule 119 of the Rules of Court
Accordingly, let the record of this case be returned to
Regional Trial Court Branch 86, Cabanatuan City for further
proceedings.
SO ORDERED.
Done in chambers this 11th day of March, 2019 hereat
Cabanatuan City.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
THIRD JUDICIAL REGION
BRANCH 29
CABANATUAN CITY
IN RE: PETITION FOR

ISSUANCE OF WRIT OF
POSSESSION OVER A PARCEL
OF LAND SITUATED IN BO.
OF BITAS (before) DAAN
SARILE (now) CITY OF
CABANATUAN, COVERED BY
TCT NO. 046-2014001763 of
The Registry of Deeds for the
Province of Nueva Ecija
CAD. CASE NO. 3455
PHILIPPINE BUSINESS BANK,
Petitioner.
x------------------------------x
RESOLUTION
Filed on November 3, 2015 is the Formal Offer of

Documentary Evidence (FOE) for the petitioner submitting for
admission.
After going over the said documents, this court hereby

resolves to admit Exhibit A and its sub-markings excluding
Exhibit A-5 for the purposes for which they were offered.
The Judicial Affidavit is hereby admitted as Exhibit C-C6

instead of Exhibit B-B6 as averred in the FOE. Accordingly,
the Order dated June 3, 2015 and the Registry Return
Receipts are hereby admitted as Exhibit B-B3 instead of
Exhibit C-C3 as likewise averred in the FOE.
SO ORDERED.
Done in chambers this 1st day of March, 2016 in

Cabanatuan City.

Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
-versus- CRIM. CASE NOS. 24976

& 24977
For: Viol. of Sec. 11 & 12
Art II of RA 9165
BENJIE LIGON y Palma,

Accused.
x-----------------------x
ORDER
Commonwealth Insurance Corporation, the bondsman of

the accused, filed an Extremely Urgent Motion for
Reconsideration on December 22, 2016 praying to set aside
the Order of Confiscation and the Writ of Execution issued by
the court against the bond posted by the accused. The
accused likewise prayed for the reinstatement of his bail so
that he may be able to enjoy provisional liberty under the
same bond.
The bondsman claims that the failure of the accused to

appear in the scheduled hearings of these cases was, because
of him not having been personally notified thereof and that
around two (2) weeks after he posted bail, the accused
transferred residence in order to avoid being suspected of
indulging into drugs. The accused, however, left a forwarding
address to his relatives at his former address.
Record shows that during the hearing on March 29,

2016, the accused was notified in open court of his scheduled
arraignment on June 28, 2016 as evidenced by his signature
appearing on the minutes of the session held on the said date.
On June 28, 2016 he failed to appear despite due notice;
hence, a warrant of arrest was issued against him. His
bondsman, on the other hand, was directed to produce his
person in court within thirty (30) days from receipt of the
Order and show cause why no judgment should be rendered
against his bond.
The bondsman received the copy of the Order on August

8, 2016 as shown by the Registry Return Receipt attached to
the record of these cases. However, it did not file any motion
for reconsideration of the said Order. On September 29, 2016
the court issued judgment against the full amount of the said
bond and a Writ of Execution on October 27, 2016. From this
turn of events, the claim of the bondsman that the accused
was not notified of the hearings of his cases has no leg to
stand on.
WHEREFORE, the Extremely Urgent Motion for

Reconsideration is hereby DENIED for lack of merit.
SO ORDERED.

Cabanatuan City.

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
OLIVER FLORES y Tolentino,

Accused.
x--------------------x
ORDER
Pursuant to OCA Circular No. 75-2015 dated April 23,

2015, the accused is hereby directed to submit to this court
his photographs showing his front, right and left profile,
signed at the back, within five (5) days from receipt of this
Order.
Set the arraignment of the accused on February 17,

2016 at 8:30 in the morning.
SO ORDERED.
Done in chambers this 29th day of October, 2015 at

Cabanatuan City.

Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
REYNOLDS TIGUELO,
Accused.
x--------------------x
ORDER
On May 27, 2014, the court ordered PO3 Rico Jay Pineda
to explain in writing, within seventy-two hours from receipt of
such order why he should not be cited in contempt of court
for not appearing in the hearing on the said date, thus
delaying the speedy administration of justice.
Record shows that on the same date PO3 Rico Jay Pineda
submitted his explanation.
With the submission of such explanation, the order dated

May 27, 2014 is hereby deemed complied with.
SO ORDERED.
Done in chambers this 17th day of June, 2014 at

Cabanatuan City.
Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

For: QUALIFIED THEFT
THRU FALSIFICATION OF
COMMERCIAL DOCUMENT
ALDRIN P. ALAMANI,
Accused.
x-----------------------x
ORDER
Upon careful perusal of the complaint-affidavit of

Herminigildo V. Villaroman III, representative of Gabay Alay Credit
Inc., together with its annexes, and the Resolution dated May 9,
2016 rendered by the Office of the City Prosecutor, Cabanatuan
City, following the preliminary investigation conducted, copy of
which are attached to the Information, it appears that probable
cause exists for the issuance of a warrant of arrest against accused
ALDRIN P. ALAMANI for the crime of QUALIFIED THEFT THRU
FALSIFICATION OF COMMERCIAL DOCUMENT.
WHEREFORE, let the corresponding Warrant of Arrest issue

for the apprehension of the said accused whenever and wherever
he may be located, who may file a bail of TWENTY FOUR
THOUSAND PESOS (PhP 24,000.00) for his provisional liberty.
SO ORDERED.
Cabanatuan City, June 28, 2016.

Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
-versus- CRIM. Case No. 22633
ALBERTO R. MALA, JR.,

Accused.
x-----------------------x
ORDER
Pursuant to Section 21 of Amended Administrative

Circular No. 35-2004 dated August 26, 2004, private
complainant Michelle Olive M. Borja is hereby given fifteen
(15) days from receipt of this Order to manifest whether or
not the civil liability arising from the crime charged in the
amount of Php 690,000.00 be prosecuted separately,
otherwise, the said private complainant is directed to pay the
necessary filing fees in the amount of Php 11,110.00.
SO ORDERED.
Cabanatuan City, March 4, 2014.
FELIZARDO S. MONTERO JR.

Presiding Judge
BRANCH 29
CABANATUAN CITY
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

FOR: VIOLATION OF SEC.
12 ART. II OF RA 9165
EDGARDO T. PAYUMO,
Accused.
x----------------------x
ORDER
A perusal of the record shows that this case was sent to

the archives on September 21, 2015 and an Alias Warrant of
Arrest was issued on the same date.
On March 15, 2019, an Appearance of Counsel for the

Accused With Urgent Ex-Parte Motion to Revive the Case was
filed by the accused, through his counsel, Atty. Mario R.
Benitez praying that the above-entitled case be retrieved from
the archives and be set for hearing. As stated in the said
motion, the accused is currently detained at BJMP in Kalikid
Norte, Cabanatuan City.
WHEREFORE, this case is hereby ordered REVIVED. The

appearance of Atty. Mario R. Benitez as counsel for the
accused is hereby noted.
Let the arraignment of the accused be set to May 6,
SO ORDERED.


BRANCH 29
CABANATUAN CITY
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

FOR: Viol of RA 8282
ALFREDO G. LIBUNAO,
JR. ET AL.,
Accused.
x--------------------x
ORDER
A perusal of the records show that this case was sent to

the archives on March 13, 2017 and an alias warrant of arrest
was issued on March 27, 2017.
On October 30, 2018, accused Alfredo G. Libunao, Jr. was

arrested as per Certificate of Detention attached to his bail bond
posted on the same date.
WHEREFORE, this case is hereby ordered REVIVED with
respect to said accused.
Let his arraignment be set to December 3, 2018 at 8:30

in the morning.
SO ORDERED.
Cabanatuan City, November 12, 2018.

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – Crim. Case No. 17539
SEVERINO DADEZ y Sacdal,

Accused.
x-----------------------------x
RESOLUTION
Private complainant NIORSKY CORPORATION, through

Private Prosecutor Gerald Vasquez, filed a Motion To Adopt
Testimony At A Former Proceeding, praying that the
testimony of Joel Roque, the duly authorized representative
of the private conmplainant, taken during the summary
hearing of the administrative case filed in 2008 against the
herein accused for Grave Misconduct before the National
Police Commission Summary Dismissal Board, docketed as SD
Case No. R3 2008 48, be adopted and admitted as testimonial
evidence of the private complainant in this case.
The motion is anchored on Section 47, Rule 130 of the
Rules of Court which provides:
“Sec. 47. Testimony or deposition at a

former proceeding. – The testimony or deposition
of a witness deceased or unable to testify, given
in a former case or proceeding, judicial or
administrative, involving the same parties and
subject matter, may be given in evidence against
the adverse party who had the opportunity to
cross-examine him.” (underscoring supplied)
The private complainant avers that despite efforts

exerted, it could not locate the whereabouts of Joel Roque and
secure his presence to testify in Court.
The accused, through counsel Wilson Chua, vehemently

opposed the motion contending that it obviously delays the
case and that the admission of the private complainant that it
cannot locate and produce their witness must be considered
failure to prosecute thereby violating speedy trial and
warranting dismissal. The opposition was based on the
grounds that the witness is neither dead nor unable to testify;
that the former administrative case does not involve the same
subject and issue as that of the instant case; and that the
accused was not given an opportunity to cross-examine the
witness in the former case and he will be denied the same
opportunity to cross-examine and confront the witness if the
latter’s testimony would be admitted.
After a circumspect evaluation of the arguments

presented by the prosecution and the defense, the Court
resolves to deny the motion.
A reading of the record shows that the reason for the

failure of Joel Roque to testify in Court is because he could
not be located anymore. This is far from the situation
contemplated in Section 47 Rule 130 which speaks of a
witness who is deceased or unable to testify. Furthermore,
the parties in the instant case are different from the
administrative case. While the private complainant in this
case is Niorsky Corporation, the complainants in the
administrative case are Joel Roque, Teofilo delos Santos and
Chito Caabay. Finally, this case is for estafa, whereas the
subject matter in the administrative case is grave misconduct;
hence, the nature and issues are different.
The quantum of evidence required in criminal cases is

greater than those in administrative cases. In criminal cases,
the guilt of the accused must be proved beyond reasonable
doubt. In administrative cases, substantial evidence is
sufficient. Furthermore, no less than the highest law of the
land, our Constitution, guarantees to an accused in criminal
cases, among others, his right to meet the witnesses against
him face to face. Admitting the testimony of Joel Roque will
defeat the right of the accused as he was not able to confront
and cross examine him in the administrative proceeding. In
fine, the Court prefers to hear the testimony of Joel Roque to
enable it to observe and determine his credibility, including
the propriety of his testimony.
WHEREFORE, the Motion To Adopt Testimony At A

Former Proceeding is hereby DENIED for lack of merit.
SO ORDERED.
Cabanatuan City, May 24, 2012.
FELIZARDO S. MONTERO,
JR.
Presiding Judge

Branch 29
Cabanatuan City
The People of
The Philippines,
Plaintiff,
Crim. Case No. 22116
- versus – For: Violation of Section
68 PD 705, as
RODRIGO SANTOS amended
and EDWARD ESPIRITU,
Accused.
x----------------x
ORDER
The above-named accused are applying for bail, to be

posted in cash, for their provisional liberty.
Under Section 2, Rule 14 of the Rules of Procedure For

Environmental Cases: “Before granting the application for
bail, the judge must read the information in a language known
to and understood by the accused and require the accused to
sign a written undertaking, as follows: x x x .”
In accordance with the said provision, the Court

summoned the Chief of PCISOG, NEPPO, Cabanatuan City for
him to bring the two (2) accused before this Court. After
compliance by the said office, the information was accordingly
read to the accused as mandated by the above-mentioned
provision.
Accused RODRIGO SANTOS and EDWARD ESPIRITU

have posted cash bonds in the amount of TEN THOUSAND
PESOS (P10,000.00) each for their provisional liberty, as
evidenced by Official Receipts Nos. 3789900 and 3791951
both dated September 25, 2013 together with their Affidavits
of Undertaking executed on the same date. Finding said cash
bonds to be sufficient in substance and amount, and as the
provision of Section 2 Rule 14 of the Rules of Procedure For
Environmental Cases has been complied with, the cash bonds
posted by the accused are hereby APPROVED.
WHEREFORE, the release of the accused from the

custody of PCISOG, NEPPO, Cabanatuan City is hereby
ordered unless they are being held/detained therein for some
other lawful cause/causes that would warrant their further
detention.
Let the arraignment of the two (2) accused be set on

October 22, 2013 at 8:30 in the morning.
SO ORDERED.
Cabanatuan City, September 25, 2013.

Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
Crim. Case No. 25763-AF
- versus – For: QUALIFIED THEFT
RYAN RAMOS y Mateo,

Accused.
x------------------------------- x
ORDER
Accused RYAN RAMOS y Mateo has posted a bail bond in

the reduced amount of TWENTY-FOUR THOUSAND PESOS
(PhP 24,000.00) as evidenced by Official Receipt No.
6606984C together with his Affidavit of Undertaking executed
today.
Finding said bond to be sufficient in substance and

amount, the same is hereby APPROVED.
WHEREFORE, this case is hereby ordered REVIVED. The

Warrant of Arrest dated January 31, 2017 is hereby recalled
and set aside.
The arraignment of the accused is set on September

17, 2018 at 8:30 in the morning.
SO ORDERED.
Cabanatuan City, July 24, 2018.


Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – For: Violation of Section 11
EDMUND RAGUINDIN y Tecson,

Accused.
x------------------------------- x
ORDER
Accused EDMUND RAGUINDIN y Tecson has posted a bail

bond for his provisional liberty in the amount of TWO HUNDRED
THOUSAND PESOS (P 200,000.00) undertaken by Milestone
Guaranty & Assurance Corp..
Finding said bond to be sufficient in substance and amount,

the same is hereby APPROVED.
WHEREFORE, the District Jail Warden of the Cabanatuan

City District Jail, Kalikid Norte, Cabanatuan City is hereby
ordered to release accused from custody unless he is being
detained for some other lawful cause/s.
The presentation of defense’ evidence set on March 26,
2019 at 8:30 in the morning is hereby maintained.
SO ORDERED.

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus –
RAVAL FELICIANO y dela Cruz,

NOEL CUEVAS y Oria and RUEL
CABILLO y Tolentino,
Accused.
x-------------x
ORDER
Accused RUEL CABILLO y Tolentino has posted his bail bond in the
reduced amount of TWELVE THOUSAND PESOS (PhP 12,000.00) for his
provisional liberty as evidenced by Official Receipt no. 0234868 C dated
today and his Affidavit of Undertaking executed on April 12, 2016.
Finding said cash bond to be sufficient in substance and amount, the

same is hereby APPROVED.
WHEREFORE, the release of the said accused from the custody of the
Aliaga Police Station, Aliaga, Nueva Ecija is hereby ordered, unless he is
being held/detained therein for some other lawful cause/causes that would
warrant his further detention.
The arraignment of the accused is set on June 15, 2016 at 8:30 in the
morning.
SO ORDERED.
Cabanatuan City, April 13, 2016.

Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – Crim. Case No.

19532
For: Violation of Sec
WILMER MANALO, 11 Art 2 RA
9165
Accused.
x-------------------x
ORDER
Consolidated with Criminal Cases Nos. 19530 against

Manuel Fronda and 19531 against Godofredo Cagara already
pending with this Court is the instant case originating from
Branch 86.
Record shows that the prosecution had already

presented PSInsp. Jebie C. Timario. Set the continuation of
presentation of prosecution’s evidence on November 6, 2012
at 8:30 in the morning to coincide with the setting of the said
cases earlier received by this Court.
Notify the accused through the District Jail Warden,

Kalikid Norte, Cabanatuan City and the other prosecution
SO ORDERED.
Done in chambers this 26th day of September, 2012 at

Cabanatuan City.

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

For: Murder
MENARD B. DELA CRUZ,

Accused.
x----------------------x
ORDER
Re-raffled to this Court is the record of the instant case

by reason of lack of jurisdiction of Branch 26 of this Court, a
Family Court.
Let, therefore, the further presentation of prosecution’s

evidence be set on January 29, 2019 at 8:30 in the
morning.
Notify the accused through the Provincial Jail Warden,
Caalibangbangan, Cabanatuan City and the prosecution
SO ORDERED.
Done in chambers this 3rd day of December, 2018 at

Cabanatuan City.


Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – For: Violation of Sec 11
Art II Ra 9165
JIMMY MANGULABNAN
y Abergas,
Accused.
x-----------------------x
ORDER
The Order of the Court, dated December 13, 2012 giving
the parties thirty (30) days from said date to file their
respective memorandum, having been received by the Public
Prosecutor on January 16, 2013 and the defense counsel on
January 18, 2013, 2012 without them filing any
memorandum, this case is hereby ordered submitted for
decision.
Furnish copy of this Order to the parties for their

information.
SO ORDERED.
Done in chambers this 4th day of April, 2013 at

Cabanatuan City.

Presiding Judge

Branch 29
Cabanatuan City
RE: PETITION FOR ISSUANCE

OF WRIT OF POSSESSION
CABANATUAN CITY RURAL Cad. Case No.

3297
BANK, INC.,
Petitioner.
x------------------------------x
ORDER
Before the Court is petitioner’s Ex-Parte Petition for
Issuance of Writ of Possession filed on October 11, 2012 and
raffled to this Court on October 17, 2012.
Set the hearing of the petition on December 13, 2012

at 8:30 in the morning.
Notify the petitioner, its counsel, the spouses Fernando

Lopez and Maria Teodoro and their attorney-in-fact Anselmo
T. Lopez of the said setting.
SO ORDERED.

CABANATUAN CITY
OFFICE OF THE EXECUTIVE JUDGE
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

FOR: Viol. Of Art. 315 Par.
2(d) of the Revised Penal
Code
LOLITA TOMAS,
Accused.
x--------------------------x
ORDER
Accused LOLITA TOMAS posted a cash bond in the

amount of SIXTEEN THOUSAND PESOS (PhP 16,000.00) for
her provisional liberty undertaken together with her Affidavit
of Undertaking executed on December 19, 2018.
Finding the said bond to be sufficient in form, substance

and amount, the same is hereby APPROVED.
WHEREFORE, the Chief of Police of Cabanatuan City

Police Station is hereby ordered to release accused Lolita
Tomas from custody unless she is being detained for some
other lawful cause/s.
Forward this Order together with the approved bail bond

to the Branch Clerk of Court, Regional Trial Court Branch 29,
Cabanatuan City for appropriate action.
SO ORDERED.
Cabanatuan City, December 20, 2018.
ANA MARIE JOSON-VITERBO

Executive Judge
BRANCH 29
CABANATUAN CITY
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

FOR: VIOL OF RA 7832
TERESITA VELANO,
Accused.
x--------------------------x
ORDER
Accused TERESITA VELANO y Feliciano posted a bail

bond in the amount of SEVENTY-TWO THOUSAND PESOS (PhP
72,000.00) for her provisional liberty undertaken by
Travellers Insurance Surety Corp..
Finding the said bond to be sufficient in form, substance

and amount, the same is hereby APPROVED.
WHEREFORE, the Chief of the CIDG Provincial Field Unit
3 Nueva Ecija, Old Capitol Compound, Cabanatuan City is
hereby ordered to release accused Teresita Velano y Feliciano
from custody unless she is being detained for some other
lawful cause/s.
Set the arraignment of the accused on February 19,

SO ORDERED.
Cabanatuan City, January 21, 2019.


Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – For: Frustrated Homicide
ONIO DELA CRUZ,

Accused.
x--------------------x
ORDER
The Order of the Court, dated June 7, 2012 giving the

parties thirty (30) days from receipt of said Order to file their
respective memorandum, having been received by the City
Prosecutor Renato A. Villaroman, Jr. and the defense counsel
both on June 20, 2012 without them filing any memorandum,
this case is hereby ordered submitted for decision.
Furnish copy of this Order to the parties for their

information.
SO ORDERED.
Done in chambers this 7th day of February, 2013 at

Cabanatuan City.

Presiding Judge

Branch 29
Cabanatuan City
The People of
The Philippines,
Plaintiff,
68 PD 705, as amended
CELSO ANGELES y
LINSANGAN,
Accused.
x----------- x
ORDER
The above-named accused is applying for bail, to be

posted in cash, for his provisional liberty.
Under Section 2, Rule 14 of the Rules of Procedure For

Environmental Cases: “Before granting the application for
bail, the judge must read the information in a language known
to and understood by the accused and require the accused to
sign a written undertaking, as follows: x x x .”
WHEREFORE, the Chief of NEPPO/PPSC, PNP Cabanatuan

City is hereby ordered to bring to Court the accused so that
the Court can comply with the mandate of said Rule.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
The People of
The Philippines,
Plaintiff,
15 Art II of RA 9165
CHRISTIAN MEJARES
y Andres,
Accused.
x------------x
ORDER
Accused CHRISTIAN MEJARES y Andres had posted cash

bond in the amount of FIVE THOUSAND PESOS (P5,000.00)
for his provisional liberty, as evidenced by Official Receipt No.
________ dated August 23, 2013 together with his Affidavit
of Undertaking executed on August 23, 2013. Finding said
cash bond to be sufficient in substance and amount, the same
is hereby APPROVED.
WHEREFORE, the release of the accused from the

custody of the Bureau of Jail Management and Penology,
Kalikid Norte, Cabanatuan City is hereby ordered, unless he
is being held/ detained therein for some other lawful
cause/causes that would warrant his further detention.
The further presentation of prosecution’s evidence set on

September 5, 2013 at 8:30 in the morning stands.
SO ORDERED.
Cabanatuan City, August 23, 2013.
VIRGILIO G. CABALLERO
Pairing Judge

Branch 29
Cabanatuan City
VIVIEN AMOR VILORIA,

Petitioner,
- versus –
THE GENERAL REGISTRAR,

OFFICE OF THE NATIONAL
CENSUS AND STATISTICS, Spec. Proc. No. 1997
LOCAL CIVIL REGISTRAR, For: Cancellation of
CABANATUAN CITY, Certificate of Live
Public Respondents. Birth
and VICENTE AMORA,

Private Respondent.
x-----------------x
ORDER
Acting on the Formal Offer of Exhibits filed by the

petitioner through counsel, the Court hereby admits Exhibits
“A” to “T” (without “S”) and their sub-markings as evidence
for the petitioner for the purposes for which they are being
offered.
Let the case be now submitted for resolution.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
ANGELITO G. BERNARDO,
Plaintiff,
Civil Case No.
5994
- versus – For:
Cancellation of
Sale, etc.
ANGELITO G. BERNARDO, ET AL.,
Defendants.
x-----------------------------------------------x
RESOLUTION
Before the Court is a Motion for Issuance of Writ of

Execution filed by the plaintiff, through counsel, on May 7,
2012 praying that a Writ of Execution be issued to implement
the Decision of the Court dated September 9, 2011. In
support thereof, the counsel submitted the Registry Return
Cards of the copy of the motion he sent to the defendants in
this case proving that they have already received the same.
When the motion was heard on June 1, 2012, the Court

ordered the defendants to make a comment to the motion
within fifteen (15) days from receipt of the motion. The said
Order of the Court was received by defendant Angelito
Bernardo on October 29, 2012, by defendants spouses Renato
Angeles on June 15, 2012 and by defendant Register of Deeds
on October 29, 2012, as evidenced by the Registry Return
Receipts attached to the record of this case. However, up to
this time, they have not filed any comment.
Finding merit to the motion, the same is hereby

GRANTED.
Let a Writ of Execution be issued to implement the

Decision of the Court dated September 9, 2011.
SO ORDERED.
FELIZARDO S. MONTERO,
JR.
Presiding Judge
CABANATUAN CITY
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff, CRIM CASE NO. 23353-AF
For: FRUSTRATED MURDER
-versus-
MARLON ADAYA @ Bolado,

Accused.
x- - - - - - - - - - - - - - - -x
ORDER
Accused MARLON ADAYA @ Bolado has posted a
personal bail bond in the amount of TWO HUNDRED
THOUSAND PESOS (PhP 200,000.00) for his provisional
liberty undertaken by Alpha Insurance & Surety Co., Inc..
Finding the said bond to be sufficient in substance and

The Alias Warrant of Arrest dated May 7, 2015 is hereby

recalled and set aside.
Forward this Order together with the approved bail bond

to the Branch Clerk of Court, Regional Trial Court Branch 29,
Cabanatuan City for appropriate action.
SO ORDERED.

Executive Judge

Branch 29
CABANATUAN CITY
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff, CRIM CASE NO. 20351-AF
For: Violation of Section 12
-versus-
EDMUND RAGUINDIN y
Tecson,
Accused.
x- - - - - - - - - - - - - - - -x
ORDER
Accused EDMUND RAGUINDIN y Tecson has posted his

personal bail bond in the amount of FORTY THOUSAND PESOS
(PhP 40,000.00) for his provisional liberty undertaken by
Commonwealth Insurance Company.
Finding the said bond to be sufficient in substance and

The District Jail Warden of BJMP Kalikid Norte,

Cabanatuan City is hereby ordered to release accused
EDMUND RAGUINDIN y Tecson from custody unless he is being
detained for some other lawful cause/s.
The further presentation of prosecution’s evidence set on

September 4, 2017 at 8:30 in the morning is hereby
maintained.
SO ORDERED.


Branch 24
Cabanatuan City
PEOPLE OF THE
PHILIPPINES,
Plaintiff,
- versus – For: Estafa thru Falsi-
fication of Public Doc.
CHERRY JANE A. ALOVERA,
Accused.
x----------------x
ORDER
Accused CHERRY JANE A. ALOVERA posted a cash bond

in the amount of TWENTY FOUR THOUSAND PESOS (PhP
24,000.00) for her provisional liberty, as evidenced by Official
Receipt No. 2105463 C, dated today together with her
Affidavit of Undertaking executed also today.
Finding said cash bond to be sufficient in substance and

amount, the same is hereby APPROVED. The warrant of arrest
earlier issued against the accused is recalled and set aside.
With the posting of the bond by the accused, let this case
be REVIVED from the Archives.
Forward this Order together with the approved cash

bond to the Branch Clerk of Court of Regional Trial Court
Branch 29, Cabanatuan City for proper disposition.
SO ORDERED.

Executive Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – FOR: QUALIFIED THEFT
JOHN PAUL D. CRUZ
Alias “King”,
Accused.
x----------x
ORDER
It appears from the record that the Warrant of Arrest

issued on June 3, 2015 had not been returned.
Wherefore, in order that this case will not remain

pending for an indefinite period of time, let the record be sent
to the ARCHIVES. Issue Alias Warrant of Arrest against the
accused.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – For: THEFT
EDWIN GARCIA y Matias,

Accused.
x-------------x
ORDER
It appears from the record that the warrant of arrest

issued on April 22, 2015 had been returned by PO3 Juanito
M. Reyes, Warrant/PNCO of Gapan City Police Station as per
Return of Warrant of Arrest dated May 27, 2015 received by
this Court on June 3, 2015, with the notation that the subject
cannot be contacted/located/whereabouts unknown. PO3
Reyes also requested for the issuance of an Alias Warrant of
Arrest against the accused; hence, on June 9, 2015, the court
issued an Alias Warrant of Arrest against the accused.
WHEREFORE, in order that this case will not remain

pending for an indefinite period of time, let the record be sent
to the ARCHIVES. Issue Alias Warrant of Arrest against the
accused.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

For: Violation of Sec 1
RAFFY DEL ROSARIO of RA 8294
y Fugueroa,
Accused.
x - - - - - - - - - - - -x
RESOLUTION
A Motion To Release Motorcycle and With Undertaking

was filed by the accused on January 16, 2012 praying that his
Honda motorcycle without sidecar, with Plate No. 2351RU,
under Certificate of Registration No. 10855621-0 and
impounded at the Provincial Public Safety Company (PPSC) be
released in his favor, it being a service of the family. He
further undertakes to produce and present the said
motorcycle to Court whenever required and necessary.
When the motion was heard on February 28, 2012 the

Public Prosecutor was given fifteen (15) days to make a
comment and/or objection thereto. During the hearing on
June 14, 2012 the Public Prosecutor manifested that he is not
interposing any objection to the approval of the same
provided that the accused will produce the original copy of the
Official Receipt (OR) and Certificate of Registration (CR)
showing his ownership over the subject vehicle. The Court
further ordered the accused to submit a Certification from the
PPSC to the effect that, indeed, such motorcycle is under its
custody.
On the February 19, 2013 hearing, the defense counsel

submitted the original copy of the OR and CR as required by
the Court and the Public Prosecutor admitted as faithful
reproduction the photocopy of the said documents attached
to the record of the case. Also on page 13 of the record
appears an Acknowledgement Receipt of Motorcycle/Motor
Vehicle executed by confiscating officers PO1 Diody Acosta
and PO1 Reynante Menia certifying that the subject
motorcycle is temporarily impounded at their office at the
PPSC, Burgos Avenue, Cabanatuan City.
Finding merit to the motion, therefore, the same is

hereby GRANTED. The Chief of the PPSC Cabanatuan City is
ordered to release to accused Raffy del Rosario his Honda
motorcycle with plate number 2351RU. The accused, on the
other hand, is ordered to produce and present the said
motorcycle to Court whenever required and necessary.
SO ORDERED.

Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

For: Falsification of
MARLON B. ROMERO, Public Document
VIRGINIA JIMENEZ,
TERESITA GUINGON
and SUSAN CHIU,
Accused.
x - - - - - - - - - - - -x
RESOLUTION
Accused SUSAN CHIU, through counsel, Atty. Tomas N.

Prado, filed on January 18, 2013 her Formal Offer of Defense
Exhibits (FOE) submitting the following as her documentary
evidence:
Exhs. “1” and “1-A” (also Exh. “B” of the prosecution

which was admitted by the Court) – photocopy of TCT No.
241491;
Exhs. “1-B” and “1-B-1” – Certification by the private

complainant as to its genuineness and his own signature,
respectfully issued and affixed last August 2, 2004;
Exh. “2” – Certified True Copy of LRA Circular No. 95-

102 issued on December 6, 1995 by Administrator Reynaldo
V. Maulit;
Exh. “2-A” – 1st paragraph of the said Circular;
Exh. “2-B” – Certification of Circular No. 95-102 as a true

copy.
On January 28, 2013 accused MARLON ROMERO,
VIRGINIA JIMENEZ and TERESITA GUINGON, through
counsel, Atty. Romeo Sadornas, filed a Manifestation stating
that they are adopting the FOE of accused Susan Chiu as well
as the purposes for which the exhibits were offered.
During the hearing on April 10, 2013 Prosecutor

Francisco Macaraig, who was present therein, was given
seven (7) days from that day within which to file his
comment/opposition to the FOE of the defense. On April 24,
2013, the right of the prosecution to file the comment was
deemed waived for failure of the prosecution to file one
despite opportunities given to it.
After going over the documents offered, the Court

hereby resolves to admit them as evidence for all the accused,
for the purposes for which they are being offered.
SO ORDERED.

Presiding Judge
Branch 29
Cabanatuan City
SPOUSES SAMUEL RIVERA

and PRINCESITA RIVERA
and EDITH PAULINO,
Plaintiffs-appellants,
- versus – Civil Case No. 6579

Appeal on the Refund
STEADFAST LENDING of Over Payment of
CORPORATION, Loan
Defendant-appellee.
x---------------x
RESOLUTION
The defendant-appellee, through counsel, Atty. Feliciano

Buenaventura, filed on February 28, 2013 a Motion To Dismiss
Memorandum seeking for the dismissal of plaintiffs-
appellants’ Memorandum averring that:
1) the said Memorandum did not state the facts as

determined by the lower court;
2) appellants did not state the applicable provisions of

law relied upon by the lower court in dismissing the case;
3) the arguments and cited cases in the Memorandum

are not applicable; and
4) the Memorandum is not verified.
When the motion was heard on March 7, 2013 as

requested, Atty. Buenaventura reiterated his motion. The
plaintiffs-appellants were given fifteen (15) days from receipt
of the motion within which to make a comment and/or
objection thereto. Later in the day, the plaintiffs-appellants,
through counsel, Atty. Jose Felimon, filed their Opposition
countering that the motion is seemingly dilatory and
apprehensive that the Court would avoid requiring the
appellants to file a new complaint. They claim that:
1) an appeal is open to the scrutiny of the appellate

court, as the records lay the whole fact of the case and is not
circumscribed by what is alleged in the memorandum;
2) their memorandum deals on the basics, most

particularly on the issue of jurisdiction that became the basis
of the court a quo’s dismissal of the case; and
3) there is no need to state the facts since the court a

quo’s appreciation of the allegation of material facts had been
absorbed in its order dismissing the case allegedly upon want
of jurisdiction. Finally, they submit for the Court to appreciate
and rule upon the Rules of Court that provide remedies in case
of jurisdictional issues.
After a careful scrutiny of the arguments of the

contending parties, the Motion To Dismiss Memorandum is
hereby DENIED for lack of merit. It is up to this Court to
appreciate the contents of the memorandum filed by the
appellants.
Considering that both the appellants and the appellee

have filed their respective memorandum, let the instant
appeal be submitted for decision.
SO ORDERED.

Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

For: Violation of RA
DANILO MENDOZA 8294
y Dasal,
Accused.
x - - - - - - - - - - - -x
RESOLUTION
Movant Jerome L. de Guzman, the authorized

representative and Officer-in-Charge of the Nueva Ecija
Branch in Northern Luzon of Eastworld Motor Industries Corp.
(“the Company”), filed on January 22, 2013 a Motion To
Release Motorcycle praying that the motor vehicle which was
mortgaged to their Company and allegedly used by the
accused in this case be released in his favor. He claims that
the mortgagor, Maribel F. Moga, failed to pay three (3)
consecutive monthly installment payments of the said motor
vehicle; hence, it should be delivered on demand to the
Company. Attached to his motion are photocopies of a
Secretary’s Certificate and the Chattel Mortgage.
When the motion was heard on February 20, 2013 the

Public Prosecutor was given ten (10) days within which to
make his comment and/or objection thereto. On March 14,
2013 Prosecutor Angelito Adriano filed his Comment stating
his objection to the motion. He countered that “the motion is
pre-mature as there is yet no foreclosure of the mortgage;
thus, the cause of action the mortgagee has to take is purely
civil.”2
2
Comment, p.67 of the Record
The Court notes that on page eight (8) of the record,
confiscating officers PO1 Ryan B. Manahan and PO1 Mark
Jayson C. dela Cruz issued an Acknowledgement Receipt of
Motorcycle/Motor Vehicle stating that the subject motor
vehicle is temporarily impounded at their office at the
Provincial Public Safety Company, Nueva Ecija Police
Provincial Office, Cabanatuan City, as part of the evidence for
Violation of PD 1866 as amended by RA 8294.
After studying the arguments of both parties, the Court

is inclined to rule against the movant.
Article 1484 of the Civil Code of the Philippines provides:
“Art. 1484. In a contract of sale of personal

property the price of which is payable in
instalments, the vendor may exercise any of the
following remedies:
(1) Exact fulfilment of the obligation, should

the vendee fail to pay;
(2) Cancel the sale, should the vendee’s failure

to pay cover two or more instalments;
(3) Foreclose the chattel mortgage on the

thing sold, if one has been constituted, should the
vendee’s failure to pay cover two or more
instalments. In this case, he shall have no further
action against the purchaser to recover any unpaid
balance of the price. Any agreement to the contrary
shall be void.”
Here, the subject motor vehicle is registered in the name

of Maribel F. Moga and mortgaged with the Company. The
movant claims that Moga failed to pay three consecutive
monthly instalment payments. Clearly, the Company has yet
to avail of the remedies cited above before it can claim
possession and ownership of the motor vehicle. The Court
cannot hastily give out the same to anyone except to the
rightful owner thereof.
WHEREFORE, the instant motion is hereby DENIED for

lack of merit.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
Crim. Case No. 8453
- versus – For: Malversation of
Gov’t. Property
SSG. MANOLITO MANALO,
Accused.
x---------------x
ORDER
Set the Motion To Quash filed on June 5, 2013 by

accused Manolito Manalo for hearing on July 30, 2013 at 8:30
in the morning.
Notify City Prosecutor Renato A. Villaroman, Jr. and the

accused of this setting.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – For: Malversation of
Gov’t. Property
SPO2 EDILBERTO CRUZ
y REYES,
Accused.
x--------------x
ORDER
The Information in this case alleges that accused SPO2

Edilberto Cruz y Reyes misappropriated one Cal.38 Revolver
Squire Bingham with Serial Number 767418 for which he is
accountable. However, its value is not indicated in the said
charge nor is the Memorandum Receipt For Equipment, Semi-
Expendable and Non-Expendable Property attached in the
Information.
Considering that the penalty for the crime of

Malversation of Public Fund or Property under Article 217 of
the Revised Penal Code is determined by the amount involved
in the crime, the Provincial Prosecutor is hereby ordered to
show proof of value of the subject property within five (5)
days from receipt hereof and indicate the same in the
Information in order for the Court to determine whether or
not it has jurisdiction over this case. Otherwise, the Court will
be constrained to dismiss the same.
SO ORDERED.

Presiding Judge
Branch 29
Cabanatuan City
IN RE: EX-PARTE PETITION

FOR ISSUANCE OF WRIT OF
POSSESSION OVER THE PROPERTY
COVERED BY TRANSFER CERTI-
FICATE OF TITLE (TCT) NO.
T-45315 OF THE REGISTRY OF
DEEDS FOR CABANATUAN CITY LRC CASE No. 3312
AND REGISTERED IN THE NAME
OF SPOUSES LEONIDA M.
ONGCUANGCO,
MAYBANK PHILIPPINES, INC.,

Petitioner.
x------------------x
RESOLUTION
Acting on the Formal Offer of Evidence (FOE) filed on

February 4, 2014 by the petitioner, through counsel, the
Court hereby resolves to admit Exhibits “A”, “B”, “B-1”, “C”,
“C-1”, “D”, “E”, “E-1”, “F” and “F-1” as part of the testimony
of the witness of the petitioner.
With the admission of the petitioner’s FOE, the case is

deemed submitted for decision.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
IN RE: ISSUANCE OF OWNER’S

DUPLICATE COPY OF TCT NO. T-
38441 OF THE REGISTRY OF
DEEDS OF CABANATUAN CITY. CAD. CASE NO. 3301
ROSARIO PADIERNOS,
Petitioner.
x------------------x
RESOLUTION
Filed on July 26, 2013 is the Formal Offer of

Documentary Evidence (FOE) for the petitioner submitting
Exhibits “A” to “M” and their sub-markings as her evidence.
After going over the said documents, the Court hereby

resolves to admit all the said pieces of evidence for the
purposes for which they were offered except Exhibit “G” which
is the Certificate of Posting issued by the Register of Deeds
for Cabanatuan City for being a mere photocopy.
Let the case be now submitted for decision.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
SPS. JOSE ,
Plaintiff,
Civil Case No. 5481
- versus - For: Collection of
Sum of Money,
SPS. ARMANDO & etc.
MILAGROS CAPATI,
Defendants.
x-----------------------x
RESOLUTION
Filed on July 18, 2013 is the plaintiff’s Formal Offer of

Evidence (FOE) submitting the following as evidence for the
plaintiff:
“Exh.“A” - Sales Invoice No. 0062401

“A-1”- Delivery Date May 07, 2005;
“B” - Sales Invoice No. 0062402
delivery date May 05, 2005
“B-1”- Signature of Mr. Armando Capati;
“C” - Sales Invoice No. 0062404
delivery date May 13, 2005;
“D” - Sales Invoice No. 0062406;
“E” - Sales Invoice No. 0062405;
“F” - Sales Invoice No. 0062432
delivery date June 22, 2005;
“G” - Sales Invoice No. 00262431
“H” - Sales Invoice No. 0062430
“I” - Sales Invoice No. 0062429
“J” - Sales Invoice No. 0062428
- 2 -

“K” - Sales Invoice No. 0062433 date
delivery June 23, 2005;
“L” - Sales Invoice No. 0062434
“M” - Sales Invoice No. 0062436 date
“N” - Sales Invoice No. 0062435 date
“O” - Sales Invoice No. 0062437 date
“P” - Sales Invoice No. 0062438 dated
“Q” - Sales Invoice No. 0062441 dated
Delivery July 01, 2005;
“R” - Checks No. 0211811 dated April 04,
2006 in the amount of P203,163.00;
“S” - Check No. 0211812 dated April 04,
“T” - Check No. 0211814 dated April 04,
“U” - Check No. 0211815 dated April 04,
“V” - Check No. 0211816 dated April 04,
“W” - Check no. 0211817 dated April 04,
“X” - Check No. 0211818 dated April 04,
“Y” - Demand Letter of Mr. A. Abanador as
of May 15, 2006;
“Z” - Demand Letter of Mr. Abanador as
of May 15, 2006;
“AA” - Demand Letter of Atty. Mateo as of
July 25, 2007 in the amount of
P1,433,031.77;
“BB” - Miscellaneous Slip No. 008306 in the
amount of P9,422.82;
“CC” - Miscellaneous Slip No. 008307 in the
“DD” - Miscellaneous Slip No. 0080308 in the
- 3 -
“EE” - Miscellaneous Slip No. 200670 in the

“FF” - Product Return (of Mr. Capati) of 346
cases of softdrinks;
“GG” - Affidavit of Arnulfo Angelo Abanador
“GG-1” - Second page
“GG-2” - Signature of Mr. Arnulfo Angelo
Abanador;
“HH”- Collection Call Sheet dated April 8,
2006
“HH-1” - Signature of Mr. Armando Capati;
“HH-2” – The amount of P1,525.945.68;
“II” - Collection Call Sheet dated April 8,
2006
“II-1” - Signature of Mr. Armando Capati;
“JJ” - Collection Call Sheet dated April 25,
2006;
“JJ-1” - Signature of Mr. Armando Capati;
“KK” - Collection Call Sheet dated May 11,
2006;
“KK-1” - Signature of Mr. Armando Capati;
“LL” - Collection Call Sheet dated May 25,
2006;
“LL-1” - Signature of Mr. Armando Capati;
“LL-2” - The amount of P1,525,945.68;
“MM” - Confirmation Slip as of Oct. 28, 2005;
“MM-1” - Signature of Arnulfo Angelo Abanador;
“MM-2” - Signature of Armando Capati;
“NN” - Confirmation Slip as of Oct. 28, 2005;
“NN-1” - Signature of Arnulfo Angelo Abanador;
“NN-2” - Signature of Armando Capati;
“OO” - Confirmation Slip as of Sept. 30, 2005;
“OO-1” - Signature of Arnulfo Angelo Abanador;
“OO-2” - Signature of Armando Capati;
“PP” - Confirmation Slip as of Sept. 30, 2005;
“PP-1” - Signature of Arnulfo Angelo Abanador;
“PP-2” - Signature of Armando Capati;
“QQ” - Judicial Affidavit of Joseph Galvez;
“QQ-1” - Signature of Joseph Michael A. Galvez.”
- 4 -
On September 13, 2013 the defendants, through
counsel, filed their Comment and/or Objection to the
plaintiff’s FOE.
After a careful scrutiny of all the pieces of evidence

offered by the plaintiff, the voluminous record of this case and
the pertinent Transcript of Stenographic Notes (TSN), the
Court hereby ADMITS all the above-listed exhibits for the
purposes for which they were offered, EXCEPT Exhibits “Y”,
“Z”, “AA”, “HH”, “II”, “JJ”, “KK” and “LL” for being mere
photocopies. Exhibits “Y”, “Z” and “AA” were provisionally
marked during the pre-trial conference but the documents
attached to the FOE are only photocopies. In the TSN on
September 9, 2011, the plaintiff’s counsel undertook to
produce the original copies of Exhibits “HH”, “II”, “JJ”, “KK”
and “LL” but he never produced the same in court and the
ones attached to their FOE are also photocopies.
Finally, Exhibit “A-1” is not Delivery Date May 7, 2005

as adverted to by counsel in the FOE but the signature of
defendant Mr. Capati.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
ANGELITA M. WY,
Plaintiff,
- versus -
Civil Case No. 5976
SPS. ARTURO and For: Collection of
CARMINA SOBERANO, Sum of Money
Defendants.
x----------------------x
RESOLUTION
Before the Court is the Motion For Execution filed by the

plaintiff, through counsel, on April 22, 2013 praying for the
issuance of a Writ of Execution directing the Sheriff to put into
effect the Decision of the Court dated June 15, 2011.
The plaintiff averred that the defendants failed to give

further payments after tendering three (3) monthly
installment payments. And since the said Decision was based
on a Compromise Agreement submitted by the parties, the
same is immediately final and executory.
When the motion was heard on May 22, 2013 defendant

Arturo Soberano appeared and was given a period of fifteen
(15) days to file comment to the motion. He was likewise
advised by the Court to confer with his counsel, the Public
Attorney’s Office (PAO). The plaintiff’s counsel duly furnished
the PAO with a copy of the motion. Up to this time, neither
the defendants nor their counsel had filed their comment.
- 2 -
Under the Compromise Agreement entered into by the
parties in this case, the defendants obligated themselves to
“pay the plaintiff on monthly instalments in the amount of
Twenty Thousand Pesos (P20,000.00) to commence on
November 15, 2010 and every 15th day of the month
thereafter until the total obligation is fully paid. They further
agreed that in case of default of payment, the plaintiff
reserves her right to revive this case or move for execution of
the Compromise Agreement”.
WHEREFORE, for being meritorious, the Motion For

Execution is hereby GRANTED. Let a Writ of Execution be
issued for the implementation of the Decision of the Court
dated June 15, 2011.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – For: Atempted Rape
JEFFREY BALSOMO,
Accused.
x-----------x
ORDER
A review of the record reveals that the Warrant of Arrest

dated February 5, 2014 issued by the Court against the
accused and released last February 14, 2014 is erroneously
captioned as Crim. Case No. 21568, as shown by the Return
received from the Provincial Director of PNP Nueva Ecija on
February 18, 2014.
Considering that the correct number of this case is

22187, let the earlier issued Warrant of Arrest be recalled and
a new one be issued reflecting the correct criminal case
number.
Send a copy of this Order to the Chief of Police of

Cabanatuan City, Provincial Director of PNP Nueva Ecija, NBI
Chief of Cabanatuan City, CIDG Chief in Camp Crame, and the
NBI Director in Manila.
SO ORDERED.
Cabanatuan City, February 19, 2014.

Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – For: Parricide
MELCHOR DANIPOG,
Accused.
x-----------x
ORDER
The accused, through counsel, Atty. Arolf Ancheta, filed

on March 17, 2014 a Very Urgent Motion To Have A Medical
Check-Up praying that he be allowed to have another medical
check-up at the Dr. Paulino J. Garcia Memorial Research and
Medical Center on the same day, March 17, 2014.
Considering that the Public Prosecutor nor the Private

Prosecutor has not signed the motion signifying that they do
not object or oppose the same, set the said motion for hearing
on March 19, 2014 at 8:30 in the morning.
Notify the Public Prosecutor, Private Prosecutor and the

counsel for the accused of this setting.
SO ORDERED.

Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
- versus – For: Robbery with
Force Upon Thing
ALLAN TAGARRO,
Accused.
x----------x
ORDER
The record of this case was sent to the Archives on

January 24, 2013. With the arrest of the accused on January
17, 2014 at Brgy. Sta. Monica, Rizal, Nueva Ecija, as per
Return of Warrant filed with this Court by PO3 Emmanuel B.
Labonete, Warrant/Subpoena PNCO of Rizal, Nueva Ecija
Police Station on January 20, 2014, this case is hereby
ordered REVIVED.
SO ORDERED.

Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,

For: Viol. Of Art. 315 Par. 2
(d) Of the RPC as Amended
in relation to PD 818
AURORA S. ASPRIC
Accused.
x----------------------------x
ORDER
Before this court is the Formal Offer of Evidence (FOE) filed by the
prosecution on July 13, 2015 submitting for admission Exhibits “A” to “L”
and sub-markings.
During the hearing on June 16, 2015, the defense was given five (5)
days from receipt of the said FOE within which to file comment and/or
objection thereto. The FOE shows that the Public Attorney’s Office received
a copy of the same on July 13, 2015. Up to this time, however, it has not filed
any comment and/or opposition.
After a careful scrutiny of the pieces of evidence offered, the court

hereby resolves to admit all of them for the purposes for which they were
offered except Exhibits “K” and “L” (the Demand Letter sent to the accused
as well as its corresponding Registry Return Receipt) as they are neither found
in the record nor attached to the FOE.
SO ORDERED.

Presiding Judge
Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
KENNETH CORTIGUERRA y
Atayde,
Accused.
x-----------------------------x
ORDER
The Explanation dated August 30, 2016 filed by PO2

Sherwin Hernandez is hereby NOTED. However, said police
officer is directed to submit to this court a certificate of
appearance showing that he attended the orientation of
promotable PNP personnel held on June 16, 2016 at Camp
Olivas, San Fernando City, Pampanga.
SO ORDERED.

Presiding Judge

Branch 29
Cabanatuan City
THE PEOPLE OF
THE PHILIPPINES,
Plaintiff,
MIGUEL VALDEZ y Sawit,

Accused.
x-----------------------------x
ORDER
Re-raffled to this court on August 31, 2016 is the record

of this case for Judicial Dispute Resolution (JDR).
Set, therefore, this case for JDR on November 16,

Notify all the parties and counsel of this setting.
SO ORDERED.

Presiding Judge

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Republic of the Philippines

Regional Trial Court

-versus- CRIMINAL CASE NO. 30316

Acting on the Omnibus Motion filed by the accused, through

ELPIDIO S. SAPIANDANTE, JR.,

-versus- CIVIL CASE NO. 8335-AF

PATRICIO DOMINGO and all

Acting on the Motion to Dismiss filed by defendant Victor

-versus- CRIM. CASE NO. 25767-AF

Re-raffled to this Court is the record of the above-entitled case

After going over the records of this case, it appears that a

Record likewise reveals that Ebuen and Banay have been

WHEREFORE, premises considered, the Warrant of Arrest dated

-versus- CRIM. CASE NO. 29308-AF

ALVIN JOHN JAVIER y

Returned to this Court is the record of the above-entitled

Let, therefore, the arraignment of the accused be set to

FELIZARDO S. MONTERO, JR.

Republic of the Philippines

-versus- CRIM. CASE NO. 29642-AF

LEONARDO GUNGAB AND

Before this Court is the Urgent Motion to Defer

On January 31, 2019, private complainant, through

Let, therefore, the hearing on the said motion be set to

FELIZARDO S. MONTERO, JR.

Republic of the Philippines

-versus- CRIM. CASE NO. 20623

Before this Court is a letter from Joel John T. De Leon,

As per information indicated in the said letter, accused

Wherefore, let the bond posted by accused Ronnie G.

Done in chambers this 4th day of December, 2018 hereat

FELIZARDO S. MONTERO, JR.

Republic of the Philippines

-versus- CRIM. CASE NO. 26612-AF

SIR ANGELO SANSANO

Re-raffled to this Court for consolidation is the record of

Let, therefore, the hearing of this case be set to March

Done in chambers this 28th day of January, 2019 hereat

Republic of the Philippines

-versus- CRIM. CASE NO. 26612-AF

SIR ANGELO SANSANO

Re-raffled to this Court is the above-entitled case for

After examination of the records, this Court finds no merit

FELIZARDO S. MONTERO, JR.

REPUBLIC OF THE PHILIPPINES

IN RE: PETITION FOR

Filed on November 3, 2015 is the Formal Offer of

After going over the said documents, this court hereby

The Judicial Affidavit is hereby admitted as Exhibit C-C6

Done in chambers this 1st day of March, 2016 in

FELIZARDO S. MONTERO, JR.

-versus- CRIM. CASE NOS. 24976

BENJIE LIGON y Palma,

Commonwealth Insurance Corporation, the bondsman of

The bondsman claims that the failure of the accused to

Record shows that during the hearing on March 29,

The bondsman received the copy of the Order on August

WHEREFORE, the Extremely Urgent Motion for

Done in chambers this 16th day of January, 2017 hereat

FELIZARDO S. MONTERO, JR.

-versus- CRIM. CASE NO. 24853-AF

OLIVER FLORES y Tolentino,

Pursuant to OCA Circular No. 75-2015 dated April 23,