REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7TH JUDICIAL REGION
BRANCH 61
BOGO CITY, CEBU
JOSE BAUNSIT, TERESITA CIVIL CASE NO. BOGO-03556
M. MONTEBON, LUZ M. FOR: QUIETING OF TITLE, ETC.
HISTORIA, CONCESA M. OWNERSHIP, ANNULMENT
RABANES, AND LOLITA M. OF DEED OF ADJUDICATION
QUINAIN (deceased). AND SALE OF REAL PROPERTY, ETC.
Plaintiffs,
-versus-
HEIRS OF SPOUSES MAXIMO CABASA
AND PORFERIA NAPARATE CABASA, NAMELY:
EDWIN N. CABASA (deceased), BELLA N. CABASA,
EVELYN C. VALENZONA, ANDRES N. CABASA
(deceased), EDMUND N. CABASA, ARNEL N. CABASA,
JUDE N. CABASA, ESPERANZA C. MONTANES, AND
ALFREDO N. CABASA;
EDILBERTO S. NOEL;
HEIRS OF PRESCILLANO S. LUMAPAS, NAMELY:
NATIVIDAD LUMAPAS, FILOMENO LUMAPAS,
PRISPERTA LUMAPAS, EFINITA LUMAPAS,
MANUEL LUMAPAS, PRIS LUMAPAS, NESTOR LUMAPAS,
AND GLENN LUMAPAS (deceased);
VICTORIA N. KISEO, NOEL N. KISEO, MELVE KISEO.
(AMENDED)
Defendants.
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MOTION FOR LEAVE OF COURT TO TAKE DEPOSITION
OF WITNESS
COMES NOW Plaintiffs, through the undersigned Counsel and unto
this Honorable Court, most respectfully files this Motion for Leave of
Court to Take Deposition of Witness, by averring that;
1. Plaintiff Jose Baunsit claims to be the legal heir, the illegitimate and
only son of Bienvenido Mangubat, one of the original owners of
the land subject in the instant case;
2. Plaintiff Jose Baunsit attached a Joint Affidavit, marked as Annex
“L”, in the Amended Complaint executed by the siblings of
Bienvenido Mangubat, namely Crispiniana Mangubat-Pajares and
Bernardita Mangubat.
3. Crispiniana Mangubat-Pajares is already 91 years old and has
difficulty in travelling from Cebu City to Bogo City to stand as a
witness in Court; while Bernardita Mangubat is already 94 years old
and is bedridden and can no longer testify as she appears to have
dementia.
4. As a consequence, plaintiffs are constrained to ask this Honorable
Court to be granted leave to take deposition of the witness
Crispiniana Mangubat-Pajares, before any Notary Public in Cebu
City, upon oral examination, pursuant to Section 1, Rule 23 of the
Rules of Court, to wit:
“SECTION 1. Depositions pending action, when may be taken.— By
leave of court after jurisdiction has been obtained over any
defendant or over property which is the subject of the action, or
without such leave after an answer has been served, the testimony
of any person, whether a party or not, may be taken, at the instance
of any party, by deposition upon oral examination or written
interrogatories. The attendance of witnesses may be compelled by
the use of a subpoena as provided in Rule 21. Depositions shall be
taken only in accordance with these Rules. The deposition of a
person confined in prison may be taken 4 only by leave of court on
such terms as the court prescribes. (1a, R24).”
5. Thus, in the interest of substantial justice and equity, and
considering the age and difficulty of the witness, plaintiffs
respectfully move that the Honorable Court allow the taking of
witness’ deposition upon oral examination before any Notary
Public in Cebu City, pursuant to Rule 23, Section 1, 10 and 15 of the
1997 Rules of Civil Procedure.
6. This motion is not in any way intended to delay the proceedings
but dictated solely for the reasons stated above.
PRAYER
WHEREFORE, in view of the foregoing, and in the interest of substantial
justice, plaintiffs respectfully pray that the Honorable Court allow the
taking of deposition upon oral examination of plaintiffs’ witness
Crispiniana Mangubat-Pajares, before any Notary Public in Cebu City
pursuant to Rule 23 of the 1997 Rules of Civil Procedure.
Plaintiff prays for such other reliefs which are just and equitable under
the premises.
RESPECTFULLY SUBMITTED. Borbon, Cebu for Bogo City. March 13,
2024.
ATTY. CONCEPCION T. CEJANO
Counsel for the Plaintiff
Cabalilitan, Tabunan, Borbon, Cebu 6008
IBP No. 388460; 01/02/24; Cebu Chapter
PTR No. A7940479; 01/02/24, Borbon, Cebu
MCLE Compliance No. VII-0005736
Valid until April 14, 2025
Email:
[email protected] NOTICE OF HEARING AND SUBMISSION
(With Copy Furnished)
The Branch Clerk of Court
ATTY. NEAL CHESTER MINGUEZ
Branch 61, Regional Trial Court
Bogo City, Cebu, Philippines
Copy furnished:
ATTY. DANICA BLANCHE C. FERNANDEZ
Counsel for Defendants Heirs of Prescillano S. Lumapas
Lumapas Blanco Borbajo & Fiel Law Office
Ground Floor, Qimonda IT Center Complex,
Sergio Osmena Jr. Blvd., Cebu City
ATTY. CYMON P. ARGAWANON, CPA
Counsel for Defendants Heirs of Sps. Maximo & Porferia N. Cabasa
Argawanon & Famor Law Offices
Rm. 204 2/F No. 28 Goodwill Building
Jones Avenue, Barangay Sambag 1
6000 Cebu City, Philippines
PUBLIC ATTORNEY’S OFFICE
Bogo District Office, Dakit, Bogo city
Counsel for Defendant Victoria N. Kiseo
NOEL N. KISEO and MELVE N. KISEO
Defendants
Tabunan, Borbon, Cebu
Greetings:
Please be notified that this Motion will be submitted for the
consideration and approval of the Honorable Court on March 13, 2024 or
at the date and time most convenient and as provided for by the
Honorable Court, or as soon as counsels and matters maybe heard.
CONCEPCION T. CEJANO
