Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Lucena City
Branch 56

IRENEA B. DE CASTRO, ET. AL.,

Petitioners,
-versus- Special Civil Case No. 2000-166

YSIDRO K. CASTILLO, ET. AL.,

Respondents.
x------------------------------------------x

MOTION TO REVIVE SPECIAL CIVIL CASE WITH

MOTION TO SET FOR CLARIFICATORY CONFERENCE

COME NOW Petitioners heirs of Irenea B. De Castro (deceased), Crispin

Briones, Anita Mascarinas, Paula Briones, Corazon Briones, Susan De Castro,

Remedios Mendoza, Adela Briones, Araceli Cosico, Angelina Guce, Lolita Briones,

and Eufrocina Mejia, through the undersigned counsel, unto this Honorable Court,

most respectfully state, that:

1. In the years 1995 and 1996, the respondents Segundina Liliosa Greña

offered for sale to the petitioners subdivided portions of a property located at

Brgy. Pury, Municipality of San Antonio, Province of Quezon, covered by

“Katibayan ng Orihinal na Titulo Blg. P-42052 1 (Patent No. 045-641-94-3301). The

petitioners, among other buyers, individually entered into Contracts of

Conditional Sale2 with the respondent Greña for the purchase on installment of

certain parcels of the subdivided property.

2. In 1999, the respondent Ysidro P. Castillo III, one of the former co-

owners of the property herein mentioned, filed against the petitioners a

1
Annex E of the Petition.
2
Annexes “D” to” D-4”, “D-8”, “D-12” to” D-15”,” D-20” to” D-26”, “D-33”, “D-37” to “D-38” of the Petition.
complaint for ejectment3 which case was eventually dismissed without prejudice

in an Order4 dated 17 May, 2000 of the Municipal Trial Court of San Antonio,

Quezon. Thus, on November 2000, the petitioners filed this Special Civil Case for

Declaratory Relief, Cancellation of Title, Consignation and Damages before this

Honorable Court against the respondents Castillo et.al, as the former owners of

the property subject matter of this case, and the respondent Greña, the apparent

transferee and subsequent owner of the subject property from whom the

petitioners bought individual and subdivided portions of lot. This Special Civil Case

was filed in order to determine the legal owners to whom the petitioners should

rightfully pay the amortizations due under their respective Contracts of

Conditional Sale, and to consign the money with the court pending the

determination of the legal owners of the property.

3. In the respondent Greña’s answer dated 18 December 20005 and the

respondent Castillos’ answer dated on 9 September 20016, both claimed

ownership of the property subject matter of this case. The respondent Greña

asserted that she bought the property by virtue of a Kasulatan ng Bilihan Tuluyan 7

executed by the respondent Ysidro P. Castillo IV who was authorized by other co-

owners though a special power of attorney8. On the other hand, the latter claimed

that the Kasulatan ng Bilihan Tuluyan in favor of the respondent Greña was null

and void as it was executed by one who has no authority nor power to sell the

property and/or for simulated price or consideration.

3
Annex “F” of the Petition.
4
Annex “G” of the Petition.
5
Answer with Counterclaim dated 18 December 2000, received on 28 December 2000.
6
Answer with Counterclaim and Crossclaim, dated 9 September 2001 received on 22 October 2001.
7
Annexes “B”, “B-1” and “B-2” of the Petition
8
Annex “A” of the Petition.
 4. In an Order dated 17 January 2002, this Honorable Court, in

considering the complexities involved in the case recommended as follows –

“The Court has suggested to the parties firstly, if petitioners will

be willing to consign the remaining balance on their lots, with the
Court as a sign of good faith and willingness to compromise; that on
the part of respondent Castillos, they consider the delivery of the title
over the land to respondent Segundina Liliosa Grena, in conformity
with the special power of attorney marked as Annex “A” to the
petition at the purchase price of not lower than P50.00 net per
square meter, minus any amount the Castillos may have already
received; and that on the part of Segundina Liliosa Grena, that she
consider paying a consideration to the Castillos as specified in Annex
“A”, so that the certificate of title to the land may be finally delivered
to her to enable her to continue her subdivision of the property
subject of this case into lots for resale.”

5. During the continuation of the pre-trial on 28 February 2002, and as

embodied in the Order of this Honorable Court on same date, the former counsel

for the petitioners, Atty. Salvador Britanico, manifested that the petitioners had

followed the suggestion of this Honorable Court and consigned the amount of

Four Hundred Fifty Thousand One Hundred Fifty Seven and 97/100 Pesos

(Php450,157.97) with the Clerk of Court of the Regional Trial Court of Lucena City,

to exhibit their good faith. Said amount represents the amortization and

installments on the respective lots bought by the petitioners from the respondent

Greña.

6. No oppositions or objections were raised by the respondents on the

suggestion made by this Honorable Court as well as to the manifestation made by

Atty. Britanico regarding the consignation of the amount with the Clerk of Court of

the Regional Trial Court of Lucena City;

 7. The deposits made by the above-named petitioners before the Clerk

of Court were as follows:

a. IRENEA B. DE CASTRO
Date Amount Paid Receipt No.
November 17, 2000 5,334.00 12749217
December 19, 2000 5,334.00 12749226
January 30, 2001 5,334.00 13579457
April 11, 2001 5,334.00 14217059
Total Php 21,336.00

b. CRISPIN BRIONES married to LIGAYA A. BRIONES

Date Amount Paid Receipt No.
November 7, 2000 934.00 12254241
January 15, 2001 1,868.00 13579452
March 8, 2001 934.00 13579487
April 11, 2001 934.00 14217056
May 23, 2001 1,868.00 14217071
October 23, 2001 12,063.00 14717110
Php 18,601.00

c. ANITA MASCARINAS married to RAMON MASCARINAS

Date Amount Paid Receipt No.
November 7, 2000 1,200.00 12254244
January 15, 2001 2,400.00 13579453
March 8, 2001 1,200.00 13579488
April 11, 2001 1,200.00 14217057
May 23, 2001 2,400.00 14217068
October 3, 2001 8,400.00 14717111
Php 16,800.00

d. PAULA BRIONES
Date Amount Paid Receipt No.
November 7, 2000 3,270.00 12254245
January 15, 2001 6,540.00 13579454
March 8, 2001 3,270.00 13579489
April 11, 2001 3,270.00 14217058
May 23, 2001 6,540.00 14217069
October 3, 2001 49,488.00 14717113
October 11, 2001 12,416.00 14717119
Php 84,794.00
e. CORAZON BRIONES
Date Amount Paid Receipt No.
November 3, 2000 89 6.00 12749213
December 19, 2000 896.00 12749242
January 30, 2001 896.00 13579462
October 11, 2001 2,000.00 14717123
 January 22, 2002 9,034.00 14717149
November 13, 2002 342.00 13578409
Php 14,064.00

f. SUSAN DE CASTRO married to RAMON DE CASTRO

Date Amount Paid Receipt No.
November 7, 2000 2,134.00 12254250
December 19, 2000 2,134.00 12749236
January 31, 2001 2,134.00 13579463
March 8, 2001 4,268.00 13579490
October 3, 2001 6,318.00 14717115
Php 16,988.00

g. REMEDIOS MENDOZA married to JUANITO MENDOZA

Date Amount Paid Receipt No.
November 7, 2000 2,200.00 12749201
December 12, 2000 2,200.00 12749235
January 30, 2001 2,200.00 13579464
January 30, 2001 500.00 13579469
February 28, 2001 2,200.00 13579481
May 23, 2001 4,400.00 14217072
February 22, 2002 10,000.00 15620362
April 16, 2002 3,600.00 15620377
May 10, 2002 12,633.00 15620381
May 16, 2002 3,000.00 15620382
Php 42,933.00

h. ADELA BRIONES married to BIENVENIDO BRIONES

Date Amount Paid Receipt No.
November 7, 2000 360.00 12749202
January 15, 2001 612.00 12749249
March 8, 2001 306.00 13579484
April 11, 2001 306.00 14217053
May 23, 2001 612.00 14217066
October 3, 2001 265.00 14717109
Php 2,461.00

i. ARACELI COSICO married to RUEL COSICO

Date Amount Paid Receipt No.
November 7, 2000 1,067.00 12749203
January 15, 2001 2,134.00 12749250
March 8, 2001 1,067.00 13579485
April 11, 2001 1,067.00 14217054
May 23, 2001 2,134.00 14217067
October 3, 2001 7,053.00 14717112
 Php 14,522.00

j. ANGELINA GUCE married to ALBERT GUCE

Date Amount Paid Receipt No.
November 3, 2000 934.00 12749214
December 19, 2000 934.00 12749241
30 January, 2001 934.00 13579467
October 11, 2001 2,000.00 14717124
January 22, 2002 5,071.00 14717148
Php 9,873.00

k. LOLITA BRIONES married to JUANITO BRIONES

Date Amount Paid Receipt No.
November 13, 2000 800.00 12749215
November 13, 2000 3,945.00 13578409
December 19, 2000 800.00 12749240
January 30, 2001 800.00 13579468
October 11, 2001 5,000.00 14717122
January 22, 2002 20,000.00 14717147
February 11, 2002 63.00 15620357
February 11, 2002 126.00 15620418
February 11, 2002 12,600.00 15620356
Php 44,134.00

l. EUFROCINA MEJIA
Date Amount Paid Receipt No.
November 7, 2000 1,450.00 12749208
January 1, 2001 2,900.00 13579451
March 8, 2001 1,450.00 13579486
April 11, 2001 1,450.00 14217055
May 23, 2001 2,900.00 14217070
October 11, 2001 4,000.00 14717125
February 11, 2002 11,800.00 15620355
Php 25,950.00

Copies of the official receipts representing the consigned amounts are attached to

this motion as Annexes “A” to “A-75” to form integral parts hereof.

8. The total payments made by herein petitioners to the Clerk of Court

of the Regional Trial Court of Lucena City amount to Three Hundred Seven

Thousand Four Hundred Eighty Pesos (Php307,480.00), breakdown of which is as

follows:

Petitioner Amount Paid

 Irenea De Castro (deceased) Php 21,336.00
Crispin Briones married to Ligaya Briones 18,601.00
Anita Mascarinas married to Ramon Mascarinas 16,800.00
Paula Briones 84,794.00
Corazon Briones 14,064.00
Susan De Castro married to Ramon De Castro 16,988.00
Remedios Mendoza married to Juanito Mendoza 42,933.00
Adela Briones married to Bienvenido Briones 2,461.00
Araceli Cosico married to Ruel Cosico 14,522.00
Angelina Guce married to Albert Guce 9,873.00
Lolita Briones married to Juanito Briones 44,134.00
Eufrocina Mejia 25,950.00
TOTAL Php 312,456.00

The above consigned amount which represents full or substantial payment of the

consideration under the Contracts of Conditional Sale is presently in the custody

of the Clerk of Court of the Regional Trial Court of Lucena City.

9. Without the main issue of the Petition being resolved, this Honorable

Court issued the order dated 18 July 2007 dismissing the case for failure of the

petitioners to furnish documents relevant to the petition to the respondents. With

all due respect, the petitioners maintain that they could not be faulted for the

dismissal as they had submitted the requested documents to their former

counsel. It was unfortunate that in the months leading to the dismissal, the strain

between petitioners and their former counsel escalated culminating in the

cessation of relations, with the petitioners bearing the brunt of the dismissal.

10. On 9 March 2012, herein petitioners individually received from the

respondent Greña, through Atty. German M. Fabro III, a Notice with Demand to

Vacate the properties subject matter of this Petition, on the ground that herein

petitioners stopped payment since 1999 and failed to pay despite repeated

demands in contravention to the Contracts of Conditional Sale. Copies of the

individual Notice to Vacate with Demand to Vacate is hereto attached as Annexes

“B” to “B-4” and made integral parts hereof.

11. It was only after the receipt of the aforementioned notice that herein

petitioners discovered that the respondent Greña was able to transfer and register

the property under her name on 19 September 2012. This supervening event

settled the question which the herein petitioners submitted before this Honorable

Court when it filed this instant case, specifically – who are legal owners to whom

they should rightfully pay the amortizations due in relation to their respective

Contracts of Conditional Sale. A copy of Transfer Certificate of Title No. T-515508 is

hereto attached as Annex “C” and made an integral part hereof.

12. Contrary to the statement in the notice, since November 2000, the

herein Petitioners faithfully deposited the installments payments of their

respective contract prices to the Clerk of Court of the Regional Trial Court of

Lucena City in accordance with the suggestion of the Honorable Court and

without opposition on the part of the respondent Greña.

13. In order that there may be a proper accounting of the payments

consigned with the Clerk of Court of the Regional Trial Court of Lucena City in

relation to the Contracts of Conditional Sale and to thresh out the residual matters

affecting the parties, herein petitioners move that a Clarificatory Conference be

conducted on a date and time most convenient to this Honorable Court.

 14. Herein petitioners likewise move that the Clerk of Court of the

Regional Trial Court of Lucena City deliver the consigned amount to respondent

Grena, and/or that respondent Grena be authorized to withdraw the said

amounts consigned before the Clerk of Court of the Regional Trial Court Lucena

City, and that any excess in the consigned amounts in the custody of the Clerk of

Court of Lucena City be returned to herein petitioners who are entitled thereto.

15. Simultaneous with the delivery or withdrawal of the consigned

installment payments, herein petitioners pray that an order be issued directing

the respondent Greña to execute the Deed of Absolute Sale in favor of herein

petitioners, and for respondent Greña to deliver the Transfer Certificate of Title

No. T-515508 and documents necessary to effect the transfer of title and

ownership over the properties to herein petitioners.

16. This motion is filed in good faith and not for purposes of delay.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that an order be issued reviving the Special Civil Case for

Declaratory Relief, Cancellation of Title, Consignation and Damages before this

Honorable Court docketed as Special Civil Case No. 2000-166.

It is likewise most respectfully prayed of this Honorable Court that an order

be issued:

a. Setting the case for clarificatory conference on a date and time most

convenient to this Honorable Court;

 b. Ordering the accounting of the payments consigned with the Clerk of

Court of the Regional Trial Court of Lucena City in relation to the Contract of

Conditional Sale;

c. Ordering the respondent Greña to execute the Deeds of Absolute

Sale in favor of herein petitioners and to deliver the Transfer Certificate of Title

No. T-515508 and documents necessary to effect the transfer of title and

ownership over the properties to herein petitioners;

d. Ordering the Clerk of Court of Lucena City to deliver the consigned

amount to respondent Grena, and/or authorizing the respondent Grena to

withdraw the said amounts consigned before the Clerk of Court of Lucena City,

and to return any excess in the consigned amounts in the custody of the Clerk of

Court of Lucena City to herein petitioners who are entitled thereto.

Other reliefs, just and equitable, in the premises are likewise prayed for.

10 October 2012. Makati City for Lucena City.

BATINO LAW OFFICES

Counsel for Petitioners
4th Floor Oakridge Plaza
San Antonio Street
Paseo de Magallanes, Makati City
batinolaw@batinolaw.com
8539544; 8539578; 8539582
Local 116 for telefax
Cellphone number: +639209818646

By:

SARA JEI L. SAN JUAN

 Roll No. 59310
IBP No. 877559, Laguna, 1/3/2012
PTR No. 3184660, Makati, 1/6/2012
MCLE Compliance not required9

VERIFICATION

Republic of the Philippines )

____________________ ) s.s.

We, heirs of Irenea B. De Castro (deceased), Crispin Briones, Anita

Mascarinas, Paula Briones, Corazon Briones, Susan De Castro, Remedios Mendoza,
Adela Briones, Araceli Cosico, Angelina Guce, Lolita Briones, and Eufrocina Mejia,
of legal age, Filipino, residents of Brgy. Pury, Municipality of San Antonio, Province
of Quezon, after being duly sworn in accordance with law, depose and state that:
1. We are the petitioners in the foregoing special civil case;

2. We caused the preparation and filing of the foregoing motion to revive

special civil case with motion to set for clarificatory conference;

3. We read and understood all the contents of the foregoing motion and

state that the allegations contained therein are true and correct of our personal

knowledge and based on authentic records;

IN TESTIMONY WHEREOF, we have hereunto set our hands this ____ day of

____________________ 2012 at __________, Philippines.

PAULA BRIONES SUSAN DE CASTRO

REMEDIOS MENDOZA ADELA BRIONES

ARACELI COSICO ANGELINA GUCE

9
Admitted to the Philippine Bar in 2011.
LOLITA BRIONES EUFROCINA MEJIA

CRISPIN BRIONES ANITA MASCARINAS

For: IRENEA B. DE CASTRO (deceased)

________________________ ______________________

________________________ ______________________

_______________________

SUBSCRIBED AND SWORN to before me this ____ day of ______________

2012, the affiants having exhibited the following competent evidence of

identification:

Proof of Identity Date and Place Issued

Paula Briones
Corazon Briones
Susan De Castro
Remedios Mendoza
Adela Briones
Araceli Cosico
Angelina Guce
Lolita Briones
Eufrocina Mejia
Crispin Briones
Anita Mascarinas
For Irenea B. De Castro
_________________

NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2012.
NOTICE OF HEARING

The Clerk of Court

Regional Trial Court
Branch 56 Lucena City

GREETINGS:
 Please submit the foregoing MOTION TO REVIVE SPECIAL CIVIL CASE with
MOTION TO SET FOR CLARIFICATORY CONFERENCE for consideration and approval
of this Honorable Court on October 2, 2012 at 2:00 PM.

SARA JEI L. SAN JUAN

Ms. Segundina Liliosa Grena

Brgy. Lusacan, Tiaong, Quezon

Atty. Jose C. Flores, Jr.

No. 11 Perez St. Lucena City
(counsel for Defendant Grena)

Atty. Crispin K. Castillo

Suite 204, 868 Building
San Andres cor Leon Guinto
Malate, Manila
(counsel for Himself and Respondents
Zenaida Castillo Cordova, Lourdes Castillo-
Arambulo and Ernesto K. Castillo)

Atty. Epifanio E. Gamo, Jr

A. Flores St 4000
San Pablo City, Laguna
(counsel for Alicia Castillo-Soriano
And the Estate of Nita Castillo)

Register of Deeds
Province of Quezon
Lucena City

GREETINGS:

Please take notice that the undersigned counsel will submit the foregoing
MOTION TO REVIVE SPECIAL CIVIL CASE with MOTION TO SET FOR CLARIFICATORY
CONFERENCE for consideration and approval of this Honorable Court on October
23, 2012 at 2:00 PM.

SARA JEI L. SAN JUAN

Copy furnished:

Ms. Segundina Liliosa Grena by personal delivery:

Brgy. Lusacan, Tiaong, Quezon recipient’s signature _____________
recipient’s printed name:
______________________________
date of receipt: _________________

Atty. Jose C. Flores, Jr. by personal delivery:

No. 11 Perez St. Lucena City recipient’s signature _____________
(counsel for Defendant Grena) recipient’s printed name:
______________________________
date of receipt: _________________

Atty. Crispin K. Castillo by registered mail:

Suite 204, 868 Building per reg. rec. no. ___________
San Andres cor Leon Guinto posted at __________on__________
Malate, Manila
(counsel for Himself and Respondents
Zenaida Castillo Cordova, Lourdes Castillo-
Arambulo and Ernesto K. Castillo)

Atty. Epifanio E. Gamo, Jr by registered mail:

A. Flores St 4000 per reg. rec. no. __________
San Pablo City, Laguna posted at __________on __________
(counsel for Alicia Castillo-Soriano
And the Estate of Nita Castillo)

Register of Deeds by registered mail:

Province of Quezon per reg. rec. no. __________
Lucena City posted at __________on __________