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

Page 1 of 38
petition, and thereafter, present the minor child personally before
the Court on a date and time it chooses.

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

Page 2 of 38
 Republic of the Philippines

9th Judicial Region

Regional Trial Court

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;

Page 3 of 38
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:

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

Page 4 of 38
 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.

Page 5 of 38
 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 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

Page 6 of 38
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

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

11th 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

Page 7 of 38
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 8 of 38
 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,
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;

Page 9 of 38
 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;

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;

Page 10 of 38
 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 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;

Page 11 of 38
 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 12 of 38
 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

Page 13 of 38
 VERIFICATION-CERTIFICATION
ON NON-FORUM SHOPPING

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

Page 14 of 38
 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. 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. 77;

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

Page 15 of 38
 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;

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")

Page 16 of 38
 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.

IN WITNESS WHEREOF, the parties have hereunto set their

hands this 6th 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

6th day of October 2020 personally appeared:

Page 17 of 38
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

Doc. No. 0001;

Page No. 0002;
Book No. 0001;
Series of 2020;

Page 18 of 38
 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

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;

Page 19 of 38
 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;

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.

Page 20 of 38
 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!

Please submit the foregoing for the consideration and

resolution of the Honorable Court immediately upon
receipt hereof.

ATTY. RON WEASLEY

Page 21 of 38
 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 22 of 38
 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

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:

Page 23 of 38
 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 part herewith, without the

Page 24 of 38
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.

Page 25 of 38
 ATTY. HERMIONE GRANGER
(Attorney for the Plaintiff)

Copy Furnish through Registered Mail:

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

Page 26 of 38
REPUBLIC OF THE PHILIPPINES)
DIPOLOG CITY ) S. S.
x--------------------------x

VERIFICATION/CERTIFICATION

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

Page 27 of 38
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
P.T.R. No. 4567/January 1, 2020
Roll No. 7777

Doc. No. 77;

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

Page 28 of 38
 Republic of the Philippines
Ninth Judicial Region
Regional Trial Court
Branch VI
Dipolog City

HERMIONE GRANGER - POTTER,

Petitioner,

- versus - Civil Case No. 69069

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:

Page 29 of 38
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.

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:

Page 30 of 38
 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.

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.

Page 31 of 38
 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

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

Page 32 of 38
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 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

Page 33 of 38
 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. 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.

Page 34 of 38
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 35 of 38
 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 24th 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;

Page 36 of 38
REPUBLIC OF THE PHILIPPINES)
CITY OF DIPOLOG ) S.S.
x-------------------------------------x

BOTTOMRY LOAN

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

Page 37 of 38
 Signed in the presence of:

JUAN DELA CRUZ JACKSON WANG

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

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 38 of 38