Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION

Branch 48

Urdaneta City

REPUBLIC OF THE PHILIPPINES, represented by the Department of Public

Works and Highways (DPWH),
Plaintiff,

versus

Civil Case No.U-10246

For: Expropriation (TPLEX ROW Project) JUANITO ESTRADA AND FELICITAS

L. ELLAZAR, represented by VICTORIA ELLAZAR, Defendants.

xx

TO: JUANITO ESTRADA AND FELICITAS ELLAZAR Honolulu, Hawaii USA

SUMMONS (By Publication)

WHEREAS, the herein plaintiff filed a verified complaint on February 5, 2013,

herein quoted as follows:

COMPLAINT

WITH PRAYER FOR EXTRA-TERRITORIAL SERVICE OF SUMMONS AND

URGENT EX-PARTE MOTION FOR THE ISSUANCE OF A WRIT OF
POSSESSION)

PLAINTIFF, Republic of the Philippines, represented by the Department of

Public Works and Highways (DPWH), by counsel, respectfully states:
1. Plaintiff, through the DPWH, is a sovereign political entity vested with the
power and authority to condemn and expropriate private property for public
use upon payment of just compensation, pursuant to Section 7 of Executive
Order No. 1035 dated June 25, 1985. It is represented in this action by the
Office of the Solicitor General (OSG) with address at 134 Amorsolo Street,
Legaspi Village, Makati City, where it may be served with pleadings, motions
and other papers, and court processes.

2. Defendant Felicitas L. Ellazar married to defendant Juanito Estrada is the

registered owner of the property for expropriation. As per Affidavit of Waiver
of Rights, Possession and Ownership dated March 22, 2011, and Special
Power of Attorney dated March 18, 2011, said defendants are residing in
Honolulu, Hawaii, U.S.A. with defendant Felicitas L. Ellazar appointing
Victoria Ellazar as her Attorney-in-fact for certain transactions involving the
subject property.

3.Defendant spouses may be served extraterritorially by publication and

registered mail pursuant to Section 15, Rule 14 of the Rules of Court while
Victoria Ellazar may be served at Dilan-Paurido, Urdaneta, Pangasinan.

4. Pursuant to its rights under Executive Order No. 1035, the DPWH is
implementing the construction of the Tarlac-Pangasinan-La Union Toll
Expressway Project (TPLEX) which aims to provide a high-speed toll road
along the Tarlac-Pangasinan-La Union corridor and contribute to the
development of the Luzon Urban Belt Way Super Region. Copies of the
Projects Road Alignment Plan, Project Profile and Certification of Availability
of Fund covering the amount needed for the acquisition of lots and
improvements are hereto attached as Annexes A, B and C.

5. The property sought to be expropriated would be traversed by the

construction of the TPLEX Project, a public purpose authorized by law. In
this regard, an Environmental Compliance Certificate (ECC) has been
secured from the Department of Environment and Natural Resources
(DENR). A copy of ECC No. 0301-002-208 dated August 12, 2003 is hereto
attached as Annex D.

6.The Six Hundred Eighty Five (685) and Two Hundred Eighty (280) square
meter property for expropriation, shaded and indicated as Lots 26-B and
30-B in plaintiffs parcellary plan hereto attached as Annex E and E-1,
are portions of Lot 26 and 30 covered by Transfer Certificate of Title (TCT)
No. 322434 and Tax Declaration ARPN-AB-45015-01342 and ARPN-AB-
01368 in the name of the defendant Felicitas Ellazar married to defendant
Juanito Estrada, containing an area of One Thousand Three Hundred Twenty
Eight (1, 328) for said Lot 26 and Two Thousand Fifty Six (2,056) square
meters for lot 30, more or less, both located in Barangay Cabuloan,
Urdaneta, Pangasinan.

7.The total valuation of Six Hundred Eighty Five (685) and Two Hundred
Eighty (280) square meters at Bureau of Internal Revenue (BIR) zonal
valuation of Three Hundred Pesos (Php300.00) per square meter is Two
Hundred Eighty Nine Thousand Five Hundred Pesos (Php289, 500.00). The
foregoing details may be summarized as follows:

Copies of the Transfer Certificate of Title (TCT) No. 322424 and Tax
declaration Nos. ARPN_AB-45015-01342 and ARPN-AB_45015-01368 and
BIR Certification on the relevant zonal valuation are hereto attached as
Annexes F, G, G-1 and H.

8. The parcel of land referred to above has not been applied to or

expropriated for public use and is indispensable in implementing the TPLEX
Project. It was selected by plaintiff in a manner compatible with the
greatest public good and with the least injury to private property.

9.Under Section 7 of Executive Order No. 1035 dated June 25, 1985, plaintiff
through the DPWH, is authorized to institute expropriation proceedings
through the Office of the Solicitor General.
10. Plaintiff exerted efforts to acquire the above-described property by
negotiated sale pursuant to Section 6 of R.A. 8974, but the same failed for
which reason expropriation is sought herein.

11. The determination of just compensation in expropriation cases is a

judicial function, which should be discharged at the trial on the merits with
the assistance of not more than three (3) commissioners pursuant to
Sections 5 to 8, Rule 67 of the Rules of Court. However, upon the filing of
the complaint, or at anytime thereafter, and after due notice to defendant,
plaintiff is authorized to take possession and enter into the property
involved, upon payment of the amount equivalent to one hundred percent
[100%] of the zonal value of the land to be taken based on the current
zonal valuation of the BIR, conformably with Republic Act No. 8974.

12. Plaintiff is able and ready to pay defendant owner Felicitas L. Ellazar the
amount of Two Hundred Eighty Nine Thousand Five Hundred Pesos (Php289,
500.00), which is equivalent to one hundred percent [100%] of the zonal
value of the property sought to be expropriated, and to make the necessary
deposit with this Honorable Court of such amount in compliance with the
required payment under R.A. 8974. The corresponding check, payable in
the name of said defendant owner, is available and will be deposited with
this Honorable Court prior to the issuance of the writ of possession.

ALLEGATIONS IN SUPPORT OF THE URGENT PRAYER

FOR THE ISSUANCE OF A WRIT OF POSSESSION

13. Section 4 of R.A. No. 8974 lays down the guidelines in expropriation
proceedings as follows:

Sec. 4. Guidelines for Expropriation Proceedings. Whenever it is necessary

to acquire real property for the right-of-way, site or location for any national
government infrastructure project through expropriation, the appropriate
implementing agency shall initiate the expropriation proceedings before the
proper court under the following guidelines:
(a) Upon the filing of the complaint, and after due notice to the defendant,
the implementing agency shall immediately pay the owner of the property
the amount equivalent to the sum of (1) one hundred percent (100%) of the
value of the property based on the current relevant zonal valuation of the
Bureau of Internal Revenue (BIR); and (2) the value of the improvements
and/or structures as determined under Section 7 hereof;

xxx xxx xxx

Upon compliance with the guidelines above-mentioned, the court shall

immediately issue to the implementing agency an order to take possession
of the property and start the implementation of the project.

Before the court can issue a Writ of Possession, the implementing agency
shall present to the court a certificate of availability of funds from the proper
official concerned.

xxx xxx xxx

14. Upon service of summons to the defendants, due notice on the herein
motion is deemed served pursuant to the above-quoted section. After
deposit of the check corresponding to 100% of the value of the property
based on the current relevant zonal valuation of the BIR, plaintiff is thus
entitled to the issuance of a writ of possession, which is urgently needed in
order for plaintiff to implement the (TPLEX) Project.

15. Capitol Steel Corporation vs. Phividec Industrial Authority declares that
the issuance of a writ of possession is a ministerial duty of this Honorable
Court upon plaintiffs compliance with the guidelines set forth in Section 4 of
R.A. No. 8974, supra:

Under R.A. 8974, the requirements for authorizing immediate entry in

expropriation proceedings involving real property are: (1) the filing of a
complaint for expropriation sufficient in form and substance; (2) due notice
to the defendant; (3) payment of an amount equivalent to 100% of the
value of the property based on the current relevant zonal valuation of the
BIR including payment of the value of improvements and/or structures if
any, or if no such valuation is available and in cases of utmost urgency, the
payment of the proffered value of the property to be seized; and (4)
presentation to the court of a certificate of availability of funds from the
proper officials.

Upon compliance with the requirements, a petitioner in an expropriation

case, in this case respondent, is entitled to a writ of possession as a matter
of right and it becomes the ministerial duty of the trial court to forthwith
issue the writ of possession. No hearing is required and the court neither
exercises its discretion or judgment in determining the amount of the
provisional value of the properties to be expropriated as the legislature has
fixed the amount under Section 4 of R.A. 8974.

16. Also, it is imperative for the protection of the interest of the government
vis-a-vis its real rights over the subject property that the corresponding writ
of possession issued in the above-entitled case be entered in the Primary
Entry Book of the Register of Deeds of Pangasinan and thereafter, annotated
in the space provided in its Registration Book pursuant to Section 69 of
Presidential Decree No. 1529, otherwise known as the Property Registration
Decree:

Section 69. Attachments. An attachment, or a copy of any writ, order or

process issued by a court of record, intended to create or preserve any lien,
status, right, or attachment upon registered land, shall be filed and
registered in the Registry of Deeds for the province or city in which the land
lies, and, in addition to the particulars required in such papers for
registration, shall contain a reference to the number of the certificate of title
to be effected and the registered owner or owners thereof, and also if the
attachment, order, process or lien is not claimed on all land in any certificate
of title a description sufficiently accurate for identification of the land or
interest to be affected. A restraining order, injunction, or mandamus issued
by the court shall be entered and registered on the certificate of title
affected, free of charge.

17. To ensure that the subject property is free from statutory lien, it is
necessary that defendants registered owners be required to present proof of
payment of the corresponding realty taxes before the check is released to
them.

PRAYER

WHEREFORE, plaintiff respectfully prays that:

(i) Extraterritorial service of summons to non-resident defendant be effected

by way of publication once in a newspaper of a general circulation in the
Province of Pangasinan with a copy of said summons and the accompanying
order of this Honorable Court sent to her last known address via registered
mail pursuant to Section 15, Rule 14 of the Rules of Court;

(ii) Plaintiff be authorized, by proper order and writ to take immediate

possession, control and disposition of the subject land sought to be
expropriated, upon plaintiffs deposit with the Office of the Clerk of Court,
Multiple Sala, Regional Trial Court, Urdaneta City, Pangasinan, of a check
payment equivalent to one hundred percent (100%) of the BIR current zonal
valuation for the affected property in the name of defendant owner; and for
the office of said Clerk of Court to safe keep and release the same to said
defendant or her SUBJECT TO CLEARANCE from the plaintiff of her
satisfaction or completion of proofs of ownership in accordance with its Road
Right-Of-Way Implementing Rules and Regulations and Commission on Audit
(COA) requirements.

(iii) An Order be issued directing the Register of Deeds of the place having
territorial jurisdiction over the subject property to enter the Writ of
Possession in the Primary Entry Book and annotate the same in the
Registration Book pursuant to Section 69 of P.D. 1529;
(iv) After decreeing plaintiffs right of condemnation and determining the
just compensation therefor, plaintiff be authorized to pay just compensation
to the defendant owner, after deducting the sum due the government for the
unpaid real property taxes, if any, and the amounts paid/deposited as
provisional value as well as any amount necessary to discharge any lien or
encumbrances; and,

(v) Judgment be rendered condemning the property subject of the present

case, free from all liens and encumbrances whatsoever, for public use and
for the public purpose herein set forth.

(vi) Directing the same Register of Deeds to cause the registration and
annotation of the decision or judgment to the instant eminent
domain/expropriation case covering the road right-of-way of the Tarlac-
Pangasinan-La Union Expressway (TPLEX) Project.

Plaintiff further prays for such other reliefs and remedies which this
Honorable Court may deem just and equitable under the premises.

Makati City for Urdaneta City, Pangasinan, July 25, 2013.

(SGD.)

FRANCIS H. JARDELEZA

Solicitor General

Roll No. 25719

IBP Lifetime No. 00037 1/18/93

MCLE Exemption No. III-0008523

(SGD.) ELLAINE ROSE A. SANCHEZ-CORRO

Assistant Solicitor General

Roll No. 36514

Lifetime IBP No. 02444

MCLE Exemption No. IV-000369145, 6/20/2012

(SGD.) EDGARDO R. SISON

Senior State Solicitor

Roll No. 39911

IBP No. 921188, 5/17/113

MCLE Compliance No. IV-0009176, 11/13/12

(SGD.) ERIC C. GABATINO

State Solicitor

Roll No. 52626

IBP No. 924552, 1/11/13

MCLE Compliance No.

IV-0009181, 11/13/12

(SGD.) PETER FILIP S. ABELITA

Associate Solicitor

Roll No. 56486

IBP No. 909046, 12/12/12

MCLE No. IV-0009174, 11/13/12

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street,

Legaspi Village

Makati City

Telephone Nos. 818-6301 to 09

WHEREAS, on September 3, 2013, the Honorable Court Branch 48, this

jurisdiction, issued an Order, which read as follows:

xxx xxx xxx xxx xxx xxx.

Finding the instant complaint to be sufficient in form and substance, let

summons be issued and served upon the person of the defendant.
Considering however, the prayer for extraterritorial service of summons, let
service of summons be effected by publication in a newspaper of general
circulation in the Philippines requiring the defendant to file his answer or any
responsive pleading thereto within sixty (60) days from date of publication
and a copy of the summons and the Order of this Court be furnished the
defendant by registered mail at his last known address.

SO ORDERED.

xxx xxx xxx xxx xxx xxx.

NOW THEREFORE, you are hereby required to file within sixty (60) days
from date of the last publication of this summons, with the Honorable Court,
Branch 48, this jurisdiction your answer to the complaint filed by plaintiff
through its counsel, Office of the Solicitor General, in the above-captioned
case.

You are further required to serve a copy of your answer upon the plaintiff
through its counsel at 134 Amorsolo St., Legaspi Village, Makati City.

In the event that you fail to file your answer and/or responsive pleading
within the aforementioned period of time, the Court shall proceed to render
judgment granting the plaintiff such relief as his pleading may warrant,
unless the Court in its discretion requires the plaintiff to submit evidence.
WITNESS, the Honorable GONZALO P. MARATA, Presiding Judge of the
Regional Trial Court, Branch 48, Urdaneta City, this 3rd day of October,
2013.

(SGD.) ATTY. LEOPOLDO C. DE VERA JR.

Branch Clerk of Court

Copy furnished:

Office of the Solicitor General

134 Amorsolo St., Legaspi Village, Makati city

The Publisher

Sunday Punch

A.B. Fernandez Ave., Dagupan City