Republic of the Philippines

Fourth Judicial Region

Regional Trial Court
Branch VII
Dipolog City

MICHELLE JANE A. YANG

Petitioner,

Special Proceeding No. 14344

IN RE: PETITION FOR HABEAS
CORPUS OF THE MINOR
ANGEL A. YANG

LANCE AIDEN L. OLIVES

Respondent.

x-------------------------------x

PETITION

PETITIONER, by counsel, respectfully submits that:

1. Petitioner is the mother of the minor ANGEL A. YANG who was

born out of the valid marriage between petitioner and respondent
Lance Aiden L. Olives;

2. The petitioner and respondent have been separated de facto since

2019;

3. The minor has been living with the petitioner in the house of the
latter’s mother and the minor’s maternal grandmother since the
petitioner and the respondent separated;

4. Sometime in January 2020, the respondent, unknown to the petitioner,

went to the house where the minor was residing and abducted the
latter and has kept her incommunicado and out of petitioner’s reach;

5. Being below seven (7) years of age, custody of the minor is naturally
presumed to belong to the petitioner, as her mother. Consequently,
respondent’s refusal to allow petitioner to regain custody over the
minor is unlawful and unjustified.

WHEREFORE, petitioner respectfully prays that a Writ of Habeas

Corpus be issued directing respondent to make a return showing his legal
authority to detain the minor child, subject of this petition, and thereafter,
present the minor child personally before the Court on a date and time it
chooses.

Page 1 of 35
 Dipolog City, Philippines, April 21, 2020.

ATTY. GRACE MARIEL CRUZ

Counsel for Petitioner
Cruz & Associates Law Firm
001 Miputak, Dipolog City

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

Republic of the Philippines

(City of Dipolog ) S.S.

I, MICHELLE JANE A. YANG, of legal age, after having been duly

sworn in accordance with law, depose and state that:

1. I am the petitioner in the above-stated case;

2. I caused the preparation of the foregoing petition;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same
issue in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

6. If I should thereafter learn that a similar action or proceeding has been

filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Dipolog City, Philippines, April 21, 2020.

MICHELLE JANE A. YANG

Republic of the Philippines

9th Judicial Region

Regional Trial Court

Page 2 of 35
 Branch VI Dipolog City

CITY OF DIPOLOG

Plaintiff,

-versus- Civil Case No.: 09876

ALLYNE JANNICA LEE

Defendant.

x----------------------------x

COMPLAINT

PLAINTIFF, through the undersigned counsel, most respectfully

states:

1. That plaintiff is municipal corporation created by the laws of the

Philippines, duly vested with the power to condemn and expropriate
private property for public use; and defendant Allyne Jannica Lee is a
resident of Gulayon, Dipolog City;

2. That, for the purpose of promoting the physical, moral, and spiritual
well-being of the youth in the city, the Municipal Board of Dipolog
passed a resolution, to wit: Resolution No. 12-3456, providing for the
construction of a public playground in an area situated in Gulayon,
Dipolog City, covering part of Defendant’s parcel of unused land;

3. That for the purpose of the aforementioned construction and public

improvement, it is necessary for the plaintiff corporation to acquire
that certain parcel of the land situated in Dicayas, Dipolog City,
Philippines, and described as follows:

Page 3 of 35
 4. That the sole owner of the said parcel of land is defendant Allyne
Jannica Lee;

5. That the assessed value/ of the said property is ONE MILLION

PESOS (P 1,000,000.00), in Philippine currency.

WHEREFORE, plaintiff prays for judgment:

1. Provisionally adjudging the value of said property in an amount equal

to the assessed value of the same;
2. After said provisional sum is deposited by the plaintiff with the
National Treasurer, awarding forthwith the possession of the land to
plaintiff;
3. After payment by the plaintiff of the whole value adjudged by this
court, ordering the transfer to plaintiff of the title to said property, and
for such further relief as may be called for in the premises.

Dipolog City, 6th of October 2020.

ATTY. RON WEASLEY

Counsel for the City

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

Republic of the Philippines

(City of Dipolog ) S.S.

Page 4 of 35
 I, MICHELLE JANE A. YANG, of legal age, after having been duly
sworn in accordance with law, depose and state that:

1. I am the petitioner in the above-stated case;

2. I caused the preparation of the foregoing petition;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same
issue in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

6. If I should thereafter learn that a similar action or proceeding has been

filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Dipolog City, Philippines, April 21, 2020.

DEED OF SALE WITH MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF SALE WITH MORTGAGE, made and executed by

and between Hazyl Mae G. Mabanag, Filipino, of legal age, single, with
residence and post-office address at 123 Katipunan Street, Dipolog City,
Zamboanga del Norte, hereinafter called the VENDOR-MORTGAGEE, and
Lerma J. Maruji, Filipino, of legal age, married to Rasul Maruji, with

Page 5 of 35
residence and post-office address at Galas, Dipolog City, hereinafter called
the VENDEE-MORTGAGOR, Witnesseth:

That the VENDOR-MORTGAGEE is the owner in fee simple of a

certain parcel of land together with all the buildings and improvements
thereon, situated in Gulayon, Dipolog City, his title thereto being evidence
by Transfer Certificate of Title 12498 of the Registry of Deeds of Dipolog
CIty which land is more particularly described as follows, to wit:

“A PARCEL OF LAND (Lot 2-D3, of the subdivision plan (LRC) Psd

- 179369, being a portion of Lot No. 101, gss-01-000026, to the
point of beginning; situated in Purok Malipayon, Gulayon,
Dipolog City, Zamboanga del Norte, containing Two Hundred Fifty
(250) square meters more or less.”

That for and in consideration of the sum of Seven Hundred Fifty

Thousand Pesos (P 750,000.00) has been paid by the VENDEE-
MORTGAGOR and receipt whereof is hereby acknowledged by the
VENDOR-MORTGAGEE, the said VENDOR-MORTGAGEE do hereby
SELL, TRANSFER, and CONVEY unto the said VENDEE-MORTGAGOR
the above-described, free from all liens and encumbrances whatsoever;

That it is hereby agreed and stipulated that the UNPAID BALANCE

of Seven Hundred Thousand Pesos (P750,000.00), Philippine currency, of
which amount the sum of Twelve Thousand Five Hundred Pesos (P
12,500.00) shall be paid by the VENDEE-MORTGAGOR to the VENDOR-
MORTGAGEE at the latter’s residence, in monthly installments for the
period of five (5) years.

That, in order to guarantee the fulfillment of the above obligations, the

VENDEE-MORTGAGOR do hereby MORTGAGE unto the VENDOR-
MORTGAGEE, his heirs and assigns, the real estate herein above described
together with all the buildings and improvements thereon, under the express
stipulation that if the said VENDEE-MORTGAGOR shall well and truly pay
or cause to be paid unto the VENDOR-MORTGAGEE the aforesaid
obligations, then this MORTGAGE shall be of no further force and effect;
otherwise, the same shall remain in full force and effect and shall be
enforceable in the manner prescribed by law.

IN WITNESS WHEREOF, the parties hereto have hereunto set their

hands this 11th day of September, 2020, in the City of Dipolog City,
Zamboanga del Norte, Philippines.

HAZYL MAE G. MABANAG LERMA J.

MARUJI
Vendor – Mortgagee Vendee – Mortgagor

Page 6 of 35
 SIGNED IN THE PRESENCE OF:

RUBY B. LETEGIO KAREN S.

USMAN
WITNESS WITNESS

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

CITY OF DIPOLOG) SS.
X- - - - - - - - - - - - - - - - - - X

BEFORE ME, a Notary Public, for and in City of Dipolog, this 11 th

day of September 2020 personally appeared:

Name Identification Card Issued On

Hazyl Mae G. Mabanag TIN: 001-542-987 Jan. 7, 2020
Lerma J. Maruji JO1-9921-987 Mar. 1, 2019

all known to me to be the same persons who executed the foregoing

instrument and hereby acknowledged to me that the same is their free and
voluntary act and deed.

This instrument consisting of three (3) pages, including this page on

which this acknowledgment is written refers to a DEED OF ABSOLUTE
SALE WITH MORTGAGE and has been signed by the parties and their
witnesses and sealed with my notarial seal.

ATTY. RON WEASLEY

Commission Serial No. 0001
Until December 31, 2020
Roll of Attorney 09876
IBP. No.00928/January 1, 2015/Dipolog City
P.T.R. No. 4567/January 1, 2020
Roll No. 7777

Doc. No. 0001;

Page No. 0001;
Book No. 0005;
Series of 2020;

Page 7 of 35
 Republic of the Philippines
Ninth Judicial Region
Regional Trial Court
Branch VI
Dipolog City
 
 
 
HERMIONE GRANGER - POTTER,
Petitioner,
                     
-versus-             Civil Case No. 69069
                                       For: Declaration of Nullity
     of Marriage under Art. 36
     of Family Code 
HARRY JAMES POTTER,
Page 8 of 35
Respondent,
x- - - - - - - - - - - - - - - - - - - - - - - - - x
 

PETITION

 
COMES NOW petitioner, through the undersigned counsel and to this
Honorable Court, respectfully alleges:

1. That petitioner HERMIONE GRANGER - POTTER is of legal

age, married, Filipino and resident of 123 Quezon Avenue,
Miputak, Dipolog City;

2. That respondent HARRY JAMES POTTER is likewise of legal

age, married, Filipino and presently residing at 987 Estaka, Dipolog City;

3. That petitioner and respondent celebrated their marriage on January

3, 2018 before the Dipolog City Cathedral, certified true copy of their
Marriage Certificate is attached and made integral part hereof as Annex “A”;

4. That petitioner and respondent have no children.  They

have neither a written agreement executed before the marriage to govern
their property relations nor have any community property acquired during
their marriage. They have no debts;

5. That petitioner met the respondent sometime in August 2017 in City

of Dipolog City.  Their romance culminated in a marriage before the priest
of Dipolog City Cathedral;

6. That in a short span of time they had been together, this is the time
which the petitioner describes as a period where the respondent’s instability,
psychological or otherwise, showed up;

7. That other instances, wherein such instability could be reasonably

inferred are as follows:

a. After their marriage, the respondent gave up his job at Hogwarts

University as a Professor without justifiable reason;
Page 9 of 35
 b. That petitioner tried to explain to him that it was his responsibility
to support her but respondent would ignore and shout at her, making the
petitioner the breadwinner of the family;

c. That the respondent is a compulsive gambler;

d. He is a womanizer;

e. He resorts to drug and alcohol abuse during their cohabitation;

f. That the respondent does not want to have a child with the
petitioner because according to him it will just cause burden for him;

g. That parties would fight even for the smallest things through not
due to the fault of the petitioner, and frequently, the respondent would
always apologize to the petitioner, but later on, he will repeat his
quarrelsome and troublesome ways;

h. He prefers to hang out with friends and with her flings instead of
being with petitioner;

8. That during their honeymoon period, things were running smoothly

between them, but not on the succeeding week, when the respondent’s
instability started to manifest clearly to the petitioner.  Their relationship
only lasted until December 2019;

9. That some other manifestations of the psychological and emotional

disturbances on the part of the respondent can be cited as follows:

a. That there were many times when the respondent never even kissed
the petitioner.  Respondent would not even look at her whenever they spoke
with each other.  She was always the one, who holds or hugs him so that
they may become closer to each other but every time she tries to be closer to
him, he simply had to always turn his back to her.  This is causing so much
unbearable emotional and psychological pain on the part of the petitioner;

b. That petitioner told the respondent that they should discuss what
went wrong between them and hopefully they could work it out again.  The

Page 10 of 35
petitioner verbalized all of the things she had noticed and felt, knowing that
everything works out when there is an open communication.  She told him
about the lack of passion, respect and romance in their relationship.  The
respondent just ignored her pleas;

c. That respondent began hurting the petitioner physically by throwing

things on her and shoving her around;

d. That respondent did not stop gambling and using alcohol and drugs;

e. The respondent abandoned the petitioner and left to be with another

woman.  Since December 2019, the respondent did not return nor tried to
communicate with the petitioner.  The petitioner on several instances, tried
to reach the respondent through his relatives and friends but to no avail.

10. That the petitioner already gave up on the respondent after trying to give
all her efforts just to save her marriage to a man who, as shown in the
foregoing, is not cognitive to and psychologically incapable of performing,
his basic marital covenants to herein petitioner;

11. That further, respondent’s psychological incapacity from all indications

appears to have been manifesting at the time of the celebration of marriage.
Although said manifestations were not then perceived, the root cause shall
be proved to such an extent that respondent could not have known the
obligations he was to fulfill or knowing them could not have validly
performed them.  It is of such incapacity that respondent was unable to
assume his marital obligations;

12. That the respondent’s incapacity to fulfill his essential marital

obligations appear to be grave, incurable and deeply ingrained, thus;
warranting the issuance of the Decree of Nullity of petitioner’s marriage
with the respondent;

13. That finally, the petitioner has therefore no other recourse but to seek
judicial relief.  The prospects or possibility of respondent to reform and
assume his essential marital obligations is a remote possibility, if not a
hopeless expectancy.

Page 11 of 35
  
PRAYER

WHEREFORE, after trial, it is respectfully prayed that this Honorable

Court rendered judgment:

1. Declaring the marriage entered into by the parties as NULL and

VOID on the ground of psychological incapacity of the respondent;
2. Ordering the Local Civil Registrar and the National Statistics Office
to cancel in their respective Books of Marriages, the marriage between the
petitioner and the respondent. 
Petitioner prays for such other relief she may be entitled to in the
premises.

City of Dipolog City, October 6, 2020.

 

WEASLEY LAW FIRM

By:
ATTY. RON WEASLEY
Commission Serial No. 0001
Until December 31, 2020
Roll of Attorney 09876
IBP. No.00928/January 1, 2015/Dipolog City
P.T.R. No. 4567/January 1, 2020
Roll No. 7777
 

 
VERIFICATION-CERTIFICATION
ON NON-FORUM SHOPPING
Page 12 of 35
  
I, HERMIONE GRANGER - POTTER, of legal age, Filipino citizen,
resident of 123 Quezon Avenue, Miputak, Dipolog City, after having been
sworn to in accordance with law, depose and say: 
 
1. That I am the petitioner in the above-entitled case;
 
2. That I caused the preparation and filing of the foregoing Petition;
 
3. That all the allegations therein are true and correct of my own
knowledge and based on authentic records; 
 
4. That I hereby  certify under oath that I have not heretofore
commenced any other action or proceeding involving the same issues in the
Supreme Court, Court of Appeals or any other tribunal or agency, and that to
the best of my knowledge, there is no other action or proceeding,  which is
pending before this Honorable Court, Court of Appeals, Supreme Court or
any other tribunal or agency involving the same parties and the same issues,
and that if I learn hereafter that there are other proceedings  pending before
this Honorable Court, or any other tribunal  or agency, I hereby undertake to
report that fact within five (5) days therefrom to this Honorable Court.  
Dipolog City, Philippines, October 6, 2020.
                            

      
                                                      HERMIONE GRANGER - POTTER
Affiant

      SUBSCRIBED AND SWORN to before me this 6 th day of

October, 2020 at Dipolog City.  Affiant exhibited to me her Filipino
Passport No. 88890 issued at Cagayan de Oro City.

ATTY. RON WEASLEY

Commission Serial No. 0001
Page 13 of 35
 Until December 31, 2020
Roll of Attorney 09876
IBP. No.00928/January 1, 2015/Dipolog City
P.T.R. No. 4567/January 1, 2020
Roll No. 7777

 
Doc. No. 77; 
Page No. 07;
Book No. 07;
Series of 2020.

DEED OF ABSOLUTE SALE WITH PACTO DE

RETRO

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Absolute Sale with Pacto de Retro made and executed

by and between:

JACKIE CHAN, single, of legal age, Filipino, and with postal

address at No. 123 Miputak, Dipolog City, Zamboanga del Norte,
hereinafter referred to as the SELLER;
Page 14 of 35
 and

JET LEE, of legal age, Filipino, single with residence address at 456
Purok Karate, Galas, Dipolog City, Zamboanga del Norte, hereinafter
referred to as the BUYER.

WITNESSETH: 

That the SELLER is the absolute owner of a certain parcel of land

situated in Purok Jijitsu, Gulayon, Dipolog City, and more particularly
described and bounded as follows:

TCT No. T-123456

A PARCEL OF LAND (Lot 32 of the consolidation-subdivision plan (LRC)

Pcs-5141, being a portion of the consolidation of Lots 1 and 2, Psu-112287
Amd., LRC (GLRO) Rec. No. N-17511), situated in Purok Jijitsu, Gulayon,
Dipolog City, Zamboanga del Norte. Bounded on the NE., points 3 to 6, by
Lot 85; on the S., points 6 to 1 by Lot 30; on the SW., points 1 to 2, by Lot
31; and on the N., points 2 to 3 by Lot 35, all of the consolidation-
subdivision plan. Beginning at a point marked "1" on plan, being N. 51 deg.
36' E., 1321.76 m. from B.L.L.M. No.1, Gulayon, Dipolog City (a copy of
which title is hereto attached as Annex "A")

THAT the SELLER, for and in consideration of the amount of ONE

MILLION FIVE HUNDRED THOUSAND PESOS (P1, 500,000.00),
Philippine Currency, receipt in full is hereby acknowledged by her  to her
satisfaction, hereby SELL,  TRANSFER and CONVEY under PACTO DE
RETRO unto said BUYER, his heirs and assigns, the above described
property with all the buildings and improvement thereon, free from liens and
encumbrances whatsoever;

THAT the SELLER, in executing this conveyance, hereby reserves

the right to REPURCHASE, and the BUYER, in accepting the same, hereby
obligates himself to RESELL the property herein conveyed within a period
of five (5) years from and after the date of this instrument for the same price
of FIVE HUNDRED THOUSANDPESOS (P500,000.00), Philippine
Currency: Provided however, that if the SELLER fails to exercise her right
to repurchase as herein granted within the period stipulated, then
this conveyance shall become absolute and irrevocable, without
the necessity of drawing up a new deed of absolute sale, subject to
the requirements of the law regarding consolidation of ownership of real
property. 

Page 15 of 35
 IN WITNESS WHEREOF, the parties have hereunto set their hands
th
this 6 day of October 2020 in Dipolog City, Zamboanga del Norte,
Philippines.

JACKIE CHAN                                                         JET LEE 

     Seller                                                                 Buyer

Signed in the presence of:

JUAN DELA CRUZ                      JAMES CORDEN

  

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

CITY OF DIPOLOG) SS.
X- - - - - - - - - - - - - - - - - - X

BEFORE ME, a Notary Public, for and in City of Dipolog, this 6 th

day of October 2020 personally appeared:

Name Identification Card Issued On

Jackie Chan TIN: 001-542-987 Jan. 7, 2020

Jet Lee TIN: 987-001-456 May. 5, 2018
Juan Dela Cruz TIN: 123-456-789 June 1, 2020
James Corden TIN: 098-765-432 Dec. 1, 2017

all known to me to be the same persons who executed the foregoing

instrument and hereby acknowledged to me that the same is their free and
voluntary act and deed.

This instrument consisting of three (3) pages, including this page on

which this acknowledgment is written refers to a DEED OF SALE WITH
PACTO DE RETRO and has been signed by the parties and their witnesses
and sealed with my notarial seal.

ATTY. RON WEASLEY

Commission Serial No. 0001
Until December 31, 2020
Roll of Attorney 09876
IBP. No.00928/January 1, 2015/Dipolog City
P.T.R. No. 4567/January 1, 2020
Roll No. 7777

Page 16 of 35
Doc. No. 0001;
Page No. 0002;
Book No. 0001;
Series of 2020;

Republic of the Philippines

Ninth Judicial Region
Regional Trial Court
Branch VI
Dipolog City
 
 
PEOPLE OF THE PHILIPPINES,
Petitioner,
 
- versus - Criminal Case No. 123456
FOR: Murder with Homicide

ALBUS DUMBLEDORE,
Accused,
x ---------------------------------------------- x
 

Page 17 of 35
 URGENT MOTION FOR DISCHARGE OF ACCUSED TO BE A
STATE WITNESS
 

The People, through the undersigned prosecutor, unto this Honorable

Court, respectfully states:
 
1. That after a careful, thorough, and meticulous perusal and examination of all
the records and evidences on hand, the undersigned believes that the
testimony of accused, ALBUS DUMBLEDORE is indispensable and
absolutely necessary to strengthen the case of the prosecution;

2. That there is no other direct evidence available except for the testimony of
the mentioned accused;
3. That said testimony is vital to bolster the prosecution’s claim and can be
substantially corroborated with the evidence of the prosecution as shown
in the records;

4. That said accused is merely an accomplice and therefore, not the most

guilty.

5. This motion is made pursuant to Section 17 of Rule 119 of the 2020 Revised
Rules of Criminal Procedure.

PRAYER
 
WHEREFORE, the foregoing premises considered, in the highest
interest of substantial justice, it is respectfully prayed that the
foregoing Motion for Discharge of an Accused to be a State Witness be
granted, requiring: 
 
1. Discharging ALBUS DUMBLEDORE from being an accused in the
abovementioned criminal case to being a State Witness in behalf of the
Prosecution, and; 
Page 18 of 35
 2. To admit his testimonies as part of the prosecution’s evidence.
 
Other just and equitable reliefs are likewise prayed for.

RESPECTFULLY SUBMITTED.
 
City of Dipolog, October 07, 2020.
 

 WEASLEY LAW FIRM

:
By: ATTY. RON WEASLEY
Commission Serial No. 0001
Until December 31, 2020
Roll of Attorney 09876
IBP. No.00928/January 1, 2015/Dipolog City
P.T.R. No. 4567/January 1, 2020
Roll No. 7777
 

NOTIFICATION AND COPY FURNISHED:

SEVERUS SNAPE
City Prosecutor
City of Dipolog
Zamboanga del Norte
 
The Branch Clerk of Court
RTC Branch 6
City of Dipolog
Zamboanga del Norte

Greetings!
Page 19 of 35
 Please submit the foregoing for the consideration and
resolution of the Honorable Court immediately upon receipt hereof.
 
 
ATTY. RON WEASLEY
 
 
EXPLANATION
 
The foregoing Urgent Motion to Discharge an Accused to be a State
Witness is being filed with this Honorable Court and served on the opposing
counsel by registered mail in view of the impracticability of personal filing
and service due to distance considering that the office of this Honorable
Court is at the City of Dipolog, while undersigned counsel holds office in
Cebu City.
 
 
ATTY. RON WEASLEY
 
 
COPY FURNISHED:
 
 
SEVERUS SNAPE
City Prosecutor
City of Dipolog
Zamboanga del Norte

Page 20 of 35
 Republic of the Philippines
9th Judicial Region
Regional Trial Court
Branch VI Dipolog City

GINNY WEASLEY,
Plaintiff,

-versus- Civil Case No.:10167

FOR: Partition with prayer
GEORGE WEASLEY  for TRO and Damages
& FRED WEASLEY,
HARRY JAMES POTTER
Registrar of Deeds.
Defendants.
x-------------------------------x

COMPLAINT

COMES NOW the plaintiff by the undersigned attorney, and unto this
Honorable Court, respectfully avers:

1. That the plaintiff and the defendants are all of age, and residents of
Turno, Dipolog City, Zamboanga del Norte;

MAIN CAUSE OF ACTION

Page 21 of 35
2. That the said parties are co-owners, by virtue of intestate inheritance
from their deceased parents, of certain real properties located in Gulayon,
Dipolog City, Zamboanga del Norte, more particularly described as follows,
to wit:

TCT No. T-123456

“A PARCEL OF LAND (Lot 32 of the consolidation-subdivision plan

(LRC) Pcs-5141, being a portion of the consolidation of Lots 1 and 2, Psu-
112287 Amd., LRC (GLRO) Rec. No. N-17511), situated in Purok Jijitsu,
Gulayon, Dipolog City, Zamboanga del Norte. Bounded on the NE., points 3
to 6, by Lot 85; on the S., points 6 to 1 by Lot 30; on the SW., points 1 to 2,
by Lot 31; and on the N., points 2 to 3 by Lot 35, all of the consolidation-
subdivision plan. Beginning at a point marked "1" on plan, being N. 51 deg.
36' E., 1321.76 m. from B.L.L.M. No.1, Gulayon, Dipolog City (a copy of
which title is hereto attached as Annex "A")”

3. That the plaintiff desires that the above real estate be partitioned
between the plaintiff and the defendants;

4. That the plaintiff has requested of the defendant that the above-
described real estate be amicably partitioned between them by mutual
agreement, but the said defendant refused and continues to refuse to do so;

ALLEGATIONS FOR THE ISSUANCE OF TEMPORARY

RESTRAINING ORDER (TRO)

1. Plaintiff hereby repleads the aforementioned allegations in this

Complaint;

2. That upon the filing of this Complaint, defendants have fraudulently

executed a Contract of Sale under Pacto de Retro over the above-described
property, such contract is herein attached as “Annex A” and is made integral

Page 22 of 35
part herewith, without the knowledge of the plaintiff in violation of her
property and successional rights in the sharing of said property;

3. That the defendants have failed to exercise the right to repurchase

after the lapse of the period stipulated in the said Contract;

4. That the Vendee a Retro of the said Contract has now filed a Petition
for Consolidation of Ownership over the said property with the Municipal
Trial Court of Dipolog City;

5. Plaintiff is entitled to the reliefs herein prayed for, the whole or part of
which consists in restraining and prohibiting the defendant from
consolidating in herself the ownership of said property, and instead allow
herein plaintiff to prosecute the right to share in the said property;

6. That a Writ of Preliminary Injunction and/or Temporary Restraining

order be issued in order to prevent irreparable damage to the plaintiff who is
willing to post Bond as the Court may deem proper to answer for whatever
damage may be caused to defendant Harry James Potter by reason of such
issuance.

WHEREFORE, it is respectfully prayed:

1. That, after due hearing, the partition of the above-described real estate
be ordered between the plaintiff and the defendant, share and share alike;

2. That the costs and expenses of these proceedings be taxed solely

against the defendants George Weasley and Fred Weasley.

City of Dipolog, this 6th day of October, 2020.

ATTY. HERMIONE GRANGER

 (Attorney for the Plaintiff)

Copy Furnish through Registered Mail:

Page 23 of 35
GEORGE WEASLEY 
123, Turno, Dipolog City,
Zamboanga del Norte

FRED WEASLEY 
123, Turno, Dipolog City,
Zamboanga del Norte

HARRY JAMES POTTER

321 Estaka, Dipolog City
Zamboanga del Norte

REGISTRY OF DEEDS     
Dipolog City                                  

EXPLANATION OF SERVICE

Copy of the Complaint was served to the above-named defendants by

registered mail due to time and distance constraints.

ATTY. HERMIONE GRANGER

REPUBLIC OF THE PHILIPPINES)

DIPOLOG CITY   ) S. S.
x--------------------------x

VERIFICATION/CERTIFICATION

Page 24 of 35
 I, GINNY WEASLEY of legal age, female, Filipino, and a resident
of 125 Turno, Dipolog City, Philippines after having been duly sworn to in
accordance with the law hereby depose and state:

1. That I am the Plaintiff in the above-titled case in my own capacity and

as authorized by the Plaintiff Corporation, who caused the preparation of
this Complaint for Quieting of Title with Mandamus and that I have read the
allegations therein and the same are true and correct of my personal
knowledge or based on authentic records;

2. That to the best of my knowledge, no such similar action or

proceeding is pending before the Supreme Court, the Court of Appeals, or
any Judicial or Quasi-Judicial Agency, and that if I should thereafter learn
that a similar action or proceeding has been filed or is pending before said
courts, or any other tribunal or agency, I hereby undertake to report such fact
within five (5) days to the Honorable Court.

IN WITNESS WHEREOF, I hereto affixed my signature this

October 6, 2020 at Dipolog City, Philippines.

GINNY WEASLEY
Affiant

SUBSCRIBED AND SWORN to before me this 6th day of October, 2020

at Dipolog City.  Affiant exhibited to me her Filipino Passport No. 88890
issued at Cagayan de Oro City.

ATTY. HERMIONE GRANGER

Commission Serial No. 0001
Until December 31, 2020
Roll of Attorney 09876
IBP. No.00928/January 1, 2015/Dipolog City
Page 25 of 35
 P.T.R. No. 4567/January 1, 2020
Roll No. 7777

 
Doc. No. 77; 
Page No. 07;
Book No. 07;
Series of 2020.

Republic of the Philippines

Ninth Judicial Region
Regional Trial Court
Branch VI
Dipolog City

 
HERMIONE GRANGER - POTTER,
Petitioner,
 
- versus - Civil Case No. 69069
Page 26 of 35
 FOR: ANNULMENT OF
MARRIAGE

HARRY JAMES POTTER,

Respondent,
x ---------------------------------------------- x

MOTION FOR LEAVE TO SERVE SUMMONS BY PUBLICATION

 

Petitioner, by counsel to this Honorable respectfully states that:

 
1. On March 2, 2020, petitioner filed a Petition for Judicial Declaration of
Nullity of Marriage;
 
2. On March 30, 2020, the undersigned received a Return of Summons from
Sirius Black., process server of the Office of the Clerk of Court and Sheriffs
of Dipolog City, stating to wit:
 
THIS IS TO CERTIFY that on March 17, 2020, undersigned tried to cause
the service of Summons issued in the above-entitled case together with a
copy of complaint with its annexes upon defendant, HARRY JAMES
POTTER, at his given address in 123 Purok Malipayon,
Estaka, Dipolog City, but failed an unavailing on the ground that said
Defendant is no longer residing at his given address. Information given
by Brgy chief CVO, JACKIE CHAN as evidenced by his signature
appearing at the bottom of the copy Summons.
 
WHEREFORE, the copy of Summons and Complaint is now hereby
respectfully returned to the Honorable Court UNSERVED.
 
Dipolog City, Zamboanga del Norte, this 19th day of March, 2020.
 
 
Page 27 of 35
 SIRIUS BLACK
Process server
 
 
Despite the process server’s diligent efforts and after being furnished with a
map to the address of the respondent, the summons was returned to the court
unserved. A copy of the Return of Summons is attached herewith as Annex
“A”.
 
Section 6 of the Rule on Declaration of Absolute Nullity of Void Marriages
and Annulment of Voidable Marriages (Supreme Court A.M. No. 02-11-10)
states the following, to wit:
 
Section 6. Summons. - The service of summons shall be governed by Rule
14 of the Rules of Court and by the following rules:
 
1. Where the respondent cannot be located at his given address or his
whereabouts are unknown and cannot be ascertained by diligent inquiry,
service of summons may, by leave of court, be effected upon him by
publication once a week for two consecutive weeks in a newspaper of
general circulation in the Philippines and in such places as the court may
order In addition, a copy of the summons shall be served on the respondent
at his last known address by registered mail or any other means the court
may deem sufficient.
 
2. The summons to be published shall be contained in an order of the court
with the following data: (a) title of the case; (b) docket number; (c) nature of
the petition; (d) principal grounds of the petition and the reliefs prayed for;
and (e) a directive for the respondent to answer within thirty days from the
last issue of publication.
 
Thus, petitioner hereby prays that summons be served on respondent by
publication in accordance with the above quoted rule.

Page 28 of 35
 PRAYER
 
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court, in accordance with A.M. No. 02-11-10, that summons be
served by publication.
 
Other equitable reliefs are likewise prayed for.
 
Dipolog City, March 31, 2020.
 

WEASLEY LAW FIRM

By:

ATTY. RON WEASLEY

Commission Serial No. 0001
Until December 31, 2020
Roll of Attorney 09876
IBP. No.00928/January 1, 2015/Dipolog City
P.T.R. No. 4567/January 1, 2020
Roll No. 7777
 
NOTICE OF HEARING
 
THE CLERK OF COURT
RTC Branch 6
Dipolog City
 
HON. SOLICITOR GENERAL
134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City
 
OFFICE OF THE CITY PROSECUTOR
Dipolog City
Page 29 of 35
 
HARRY JAMES POTTER
123, Purok Malipayon,
Estaka, Dipolog City
 
 
Greetings:
 
Please take notice that the undersigned has set the foregoing Motion for
Leave to Serve Summons by Publication for the consideration and approval
of this Honorable Court on April 1, 2020 at 8:30 a.m.
 
 
ATTY. RON WEASLEY
 
 
 
Copy furnished:
 
HON. SOLICITOR GENERAL
134 Amorsolo St., Amorsolo Bldg.,
Legaspi Village, Makati City
 
OFFICE OF THE CITY PROSECUTOR
Dipolog City
 
HARRY JAMES POTTER
123, Purok Malipayon,
Estaka, Dipolog City

EXPLANATION
 
The foregoing motion is being filed to the Honorable Court with copy
therefore furnished to the Office of the Solicitor General, Office of the
Page 30 of 35
Provincial Prosecutor and the other party by registered mails, due to the
distance of the undersigned from the said offices and other party, making
personal service thereof not practicable.

 
ATTY. RON WEASLEY

 CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

         This CONTRACT OF LEASE is made and executed at the City of Dipolog, this
24th day of September, 2020, by and between:

        JACKSON A. WANG, of legal age, single, Filipino, and with residence and postal
address at 001 Miputak, Dipolog City, hereinafter referred to as the LESSOR.

-AND-

        ELENA DE GUZMAN, Filipino and with residence and postal address at 987
Lawaan, Banonong, Dapitan City, hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a

residential property situated at 002 Miputak, Dipolog City;

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and

the LESSEE is willing to lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the

LESSOR leases unto the LESSEE and the LESSEE hereby accepts from the LESSOR the
LEASED premises, subject to the following: 

TERMS AND CONDITIONS

1. PURPOSES:   That premises hereby leased shall be used exclusively by the LESSEE
for residential purposes only and shall not be diverted to other uses. It is hereby expressly
agreed that if at any time the premises are used for other purposes, the LESSOR shall
have the right to rescind this contract without prejudice to its other rights under the law.

2. TERM:  This term of lease is for ONE (1) YEAR. from October 1, 2020 to October 1,
2021 inclusive. Upon its expiration, this lease may be renewed under such terms and
conditions as my be mutually agreed upon by both parties,  written notice of intention to
renew the lease shall be served to the LESSOR not later than seven (7) days prior to the
expiry date of the period herein agreed upon.

3. RENTAL RATE:   The monthly rental rate for the leased premises shall be TEN
THOUSAND PESOS ONLY (P 10,000.00), Philippine Currency. All rental payments
shall be payable to the LESSOR.

4. DEPOSIT:   That the LESSEE shall deposit to the LESSOR upon signing of this
contract and prior to move-in an amount equivalent to the rent for THREE (3) MONTHS
or the sum of  PESOS: THIRTY THOUSAND (P 30,000.00), Philippine Currency. 
Page 31 of 35
wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months
and the remaining one (1) month deposit shall answer partially for damages and any other
obligations, for utilities such as Water, Electricity, CATV, Telephone, Association Dues
or resulting from violation(s) of any of the provision of this contract.

5. DEFAULT PAYMENT:  In case of default by the LESSEE in the payment of the

rent, such as when the checks are dishonored, the LESSOR at its option may terminate
this contract and eject the LESSEE. The LESSOR has the right to padlock the premises
when the LESSEE is in default of payment for One (1) month and may forfeit whatever
rental deposit or advances have been given by the LESSEE.

6. SUB-LEASE:   The LESSEE shall not directly or indirectly sublet, allow or permit the
leased premises to be occupied in whole or in part by any person, form or corporation,
neither shall the LESSEE assign its rights hereunder to any other person or entity and no
right of interest thereto or therein shall be conferred on or vested in anyone by the
LESSEE without the LESSOR'S written approval.

7. PUBLIC UTILITIES:   The LESSEE shall pay for its telephone, electric, cable TV,
water, Internet, association dues and other public services and utilities during the duration
of the lease.

8. FORCE MAJEURE:   If whole or any part of the leased premises shall be destroyed
or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other
unforeseen disabling cause of acts of God, as to render the leased premises during the
term substantially unfit for use and occupation of the LESSEE, then this lease contract
may be terminated without compensation by the LESSOR or by the LESSEE by notice in
writing to the other.

9. LESSOR'S RIGHT OF ENTRY:   The LESSOR or its authorized agent shall after
giving due notice to the LESSEE shall have the right to enter the premises in the presence
of the LESSEE or its representative at any reasonable hour to examine the same or make
repairs therein or for the operation and maintenance of the building or to exhibit the
leased premises to prospective LESSEE, or for any other lawful purposes which it may
deem necessary.

10. EXPIRATION OF LEASE:   At the expiration of the term of this lease or

cancellation thereof, as herein provided, the LESSEE will promptly deliver to the
LESSOR the leased premises with all corresponding keys and in as good and tenable
condition as the same is now, ordinary wear and tear expected devoid of all occupants,
movable furniture, articles and effects of any kind. Non-compliance with the terms of
this clause by the LESSEE will give the LESSOR the right, at the latter's option, to refuse
to accept the delivery of the premises and compel the LESSEE to pay rent therefrom at
the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE shall have
complied with the terms hereof.  The same penalty shall be imposed in case the LESSEE
fails to leave the premises after the expiration of this Contract of Lease or termination for
any reason whatsoever.

11. JUDICIAL RELIEF:   Should any one of the parties herein be compelled to seek
judicial relief against the other, the losing party shall pay an amount of One Hundred
(100) % of the amount claimed in the complaint as attorney's fees which shall in no case
be less than P50,000.00 pesos in addition to other cost and damages which the said party
may be entitled to under the law.

12. This CONTRACT OF LEASE shall be valid and binding between the parties, their
successors-in-interest and assigns.

IN WITNESS WHEREOF,  parties herein affixed their signatures on the date

and place above written.

Page 32 of 35
 JACKSON A. WANG                      ELENA DE GUZMAN
Lessor                                                 Lessee

Signed in the presence of:

JUAN DELA CRUZ                      JAMES CORDEN

  

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

CITY OF DIPOLOG) SS.
X- - - - - - - - - - - - - - - - - - X

BEFORE ME, a Notary Public, for and in City of Dipolog, this 24 th day of
September 2020 personally appeared:

Name Identification Card Issued On

Jackson A. Wang TIN: 001-542-987 Jan. 7, 2020

Elena De Guzman TIN: 987-001-456 May. 5, 2018

all known to me to be the same persons who executed the foregoing instrument and
hereby acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of three (3) pages, including this page on which this
acknowledgment is written refers to a CONTRACT OF LEASE and has been signed by
the parties and their witnesses and sealed with my notarial seal.

ATTY. RON WEASLEY

Commission Serial No. 0001
Until December 31, 2020
Roll of Attorney 09876
IBP. No.00928/January 1, 2015/Dipolog City
P.T.R. No. 4567/January 1, 2020
Roll No. 7777

Doc. No. 0001;

Page No. 0001;
Book No. 0005;
Series of 2020;

REPUBLIC OF THE PHILIPPINES)
CITY OF DIPOLOG                     ) S.S.
x-------------------------------------x
 

BOTTOMRY LOAN
Page 33 of 35
  

KNOW ALL MEN BY THESE PRESENTS: 

This AGREEMENT made and executed in Dipolog City, this 6th day of October

2020, by and between MAE HAZYL MABANAG, of legal age, single, residing
at Miputak, Dipolog City, herein after called the LENDER, and ALLYNE JANNICA
LEE of legal age, single, residing at Estaka, Dipolog City, hereinafter called the
BORROWER.
 
WITNESSETH:
 
1. That the BORROWER is the registered owner of vessel MV ADAM
MARQUIS (Official number: 123456, IMO number: 09876, Length (metres):70.00,
Type: Cargo Vessel, Home port: Dipolog City); 

2. That said vessel is captained by JAMES CORDEN, resident of Galas, Dipolog; 

3. That the BORROWER has obtained from the LENDER the sum of ONE
MILLION PESOS (P 1,000,000.00); 

4. That the said loan is secured by the above-mentioned vessel; 

5. That the condition of this loan is such that its repayment and its premium or
interest shall depend on the safe arrival of said vessel at the port of destination, to
wit: TAGBILARAN CITY; 

6. That the period of the risk covered by this agreement shall commence from the
moment said vessel sails from the port of DIPOLOG CITY on or about 0300H of
October 08, 2020 until she drops anchor in the port of TAGBILARAN CITY; 

7. That all the right and actions of LENDER shall be extinguished upon the absolute
loss of the said vessel within the period herein agreed, if said loss arises from marine
perils; 

8. That all other points not specifically agreed herein shall, unless in conflict
herewith, be governed by the provisions of the Code of Commerce.

IN WITNESS WHEREOF,  parties herein affixed their signatures on the date

and place above written.

 
MAE HAZYL MABANAG                      ALLYNE JANNICA LEE
Lender                                                 Borrower
Signed in the presence of:

JUAN DELA CRUZ                      JACKSON WANG

  

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

Page 34 of 35
CITY OF DIPOLOG) SS.
X- - - - - - - - - - - - - - - - - - X

BEFORE ME, a Notary Public, for and in City of Dipolog, this 6th day of
October, 2020 personally appeared:

Name Identification Card Issued On

Mae Hazyl Mabanag TIN: 001-542-987 Jan. 7, 2020

Allyne Jannica Lee TIN: 987-001-456 May. 5, 2018

all known to me to be the same persons who executed the foregoing instrument and
hereby acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of two (2) pages, including this page on which this
acknowledgment is written refers to a BOTTOMRY LOAN and has been signed by the
parties and their witnesses and sealed with my notarial seal.

ATTY. RON WEASLEY

Commission Serial No. 0001
Until December 31, 2020
Roll of Attorney 09876
IBP. No.00928/January 1, 2015/Dipolog City
P.T.R. No. 4567/January 1, 2020
Roll No. 7777

Doc. No. 0001;

Page No. 0001;
Book No. 0005;
Series of 2020;

Page 35 of 35