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Affidavit in Support of The Temporary Restraining Order

1) Charity Ramos is a complainant in an ongoing case against Rufino Valera before the HLURB regarding the sale of lots. 2) While that case is pending, Valera allegedly sold one of the lots, which Ramos co-owns, to Antonio Curvi who constructed permanent structures on the property without Ramos' knowledge or permission. 3) Ramos filed complaints with municipal authorities and police after discovering the construction, and is requesting a temporary restraining order to prevent further actions by Valera or Curvi that could prejudice the ongoing case.

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Maria Lourdes P. Garcia
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2K views2 pages

Affidavit in Support of The Temporary Restraining Order

1) Charity Ramos is a complainant in an ongoing case against Rufino Valera before the HLURB regarding the sale of lots. 2) While that case is pending, Valera allegedly sold one of the lots, which Ramos co-owns, to Antonio Curvi who constructed permanent structures on the property without Ramos' knowledge or permission. 3) Ramos filed complaints with municipal authorities and police after discovering the construction, and is requesting a temporary restraining order to prevent further actions by Valera or Curvi that could prejudice the ongoing case.

Uploaded by

Maria Lourdes P. Garcia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines)

S.S.
Makati City

AFFIDAVIT

In Support of Prayer for Temporary Restraining Order

I, CHARITY G. RAMOS, of legal age and a resident of Pasig City, after having been
dully sworn to in accordance with law, depose and say:

1. I am one of the complainants in the above referred cases now pending before this
Honorable Office more specifically HLURB REM 041508-13828;
2. While these cases are pending, the principal defendant in this case, Mr. Rufino
Valera, have tried to sell some lots subject matter of these complaints to other persons
and have in fact succeeded to sell some lots to third persons;
3. As a matter of fact, in my particular lot which I share with Lolita De Juan, Mr. Valera
allegedly sold it to a certain Mr. Antonio Curvi for a valuable consideration and who
immediately constructed therein on our lot residential permanent structures made of
sturdy materials;
4. I only came to know about the situation when I visited my lot and was surprised to
discover that structures were already build thereon by Mr. Curvi by permission of the
defendant Rufino Valera as a result of the sale transaction between them without the
knowledge of this Honorable Office and which may adversely affect these cases;
5. When I discovered about the construction, I immediately sought the help of the
municipal authorities and filed a complaint with the Office of the Municipal Engineer
but I was further advised to secure a Temporary Restraining Order with this
Honorable Office. Attached as proof of my complaint with the Office of the
Municipal Engineer is a copy of the Notice of Illegal Construction hereto marked as
Annex “A” and is made integral part hereof;
6. Aside from the complaint with the Office of the Municipal Engineer, I likewise filed
a Blotter Certification with the Taytay Police Station. As proof hereof, I have
attached a Blotter Certification dated February 05, 2010 hereto marked as Annex “B”
and is made integral part hereof;
7. To further prove that defendant Rufino Valera and Antonio Curvi have done acts
prejudicial to the complainant and which endangers the disposition of this case, I have
further attached hereto pictures of the constructions which have to date have already
the foundations of a residential house. Please refer to Annex “C” and its
submarkings;
8. I and Lolita De Juan are ready and willing to post a bond in the amount to be fix by
this Honorable Office to secure the payment of any damages that defendants may
sustain by reason of the restraining order and the injunction, if this Office should
finally decide that the plaintiff is not entitled to the relief.
Page 02.

9. That I pray that a temporary restraining order be issued to defendant Rufino Valera
and to any persons under his control or to any person from whom any perceived right
may stem from any transaction with him as in this case as against Mr. Antonio Curvi.
10. That I likewise pray that the temporary restraining order be made permanent and to
permanently enjoin defendant Rufino Valera from selling or negotiating for sale or
disposing to third persons our lot and to restrain him or any person under him from
making improvement on our property during the pendency of this proceedings.

AFFIANT FURTHER SAYETH NAUGHT.

CHARITY G. RAMOS
Affiant

SUBSCRIBED and SWORN to before me this 5 th day of March, 2010, affiant


exhibiting to me her COMELEC ID VIN 7403-11038 F1066CGR2001-8 signed by
COMELEC Chairman Benjamin Abalos.

Doc. No. ______


Page No. ______
Book No. ______
Series of 2010.

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