REPUBLIC OF THE PHILIPPINES
Fifth Judicial Region
MUNICIPAL CIRCUIT TRIAL COURT
Branch XX
AAA,
Plaintiff, Civil Case No. 12345
For: Quieting of Title,
- versus - Recovery of Possession and
Damages
BBB.,
Defendants.
x------------------------x
COMMENT/OBJECTION
(To Plaintiff’s Formal Offer of Documentary Exhibits)
DEFENDANTS, through the undersigned counsel, and unto the
Honorable Court, most respectfully state their comments to the Formal Offer
of Documentary Exhibits of Plaintiff:
Exhibit No. Document Comment
A Extrajudicial Self-Serving. The purpose of the
Settlement of Estate offer is objected to for being
with Waiver misleading. Plaintiff admitted
during her court testimony that
not all of the heirs of Alejandro
Banta signed in the Extrajudicial
Settlement of Estate. Thus, such
document is void.
B Certification by the Self-serving, not a proof of
DENR ownership
C Archival Record of Lot Irrelevant, tax declaration of
8611 BBB was already corrected by
the Provincial Assessor’s Office
based on actual occupation,
which is from Lot 789 to 456
D Deed of Absolute Sale No comment.
by CCC to DDD
E Notice of Tax Irrelevant, notice of tax
Delinquency delinquency shows non-payment
of tax.
F Tax Declaration of Irrelevant, tax declaration was
BBB already corrected by the
Provincial Assessor’s Office
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(PASSO) and testified to by
Plaintiff’s witness, Mr. ZZZ of
PASSO
G Tax Declaration of Irrelevant, Lot 789 is not
EEE claimed nor occupied by CCC,
but Lot 456
H DENR Certification Irrelevant, ownership of one lot
does not automatically mean that
he cannot own other lots
I Archival Record Irrelevant, Lot 456 is not in issue
J Tax Declaration in this case; there is no law
prohibiting ownership of two or
more lots by a natural born
Filipino citizen
K Extrajudicial Common Exhibit.
Settlement of Estate
with Sale The purpose for which this
Exhibit is being offered by
Plaintiff is misleading because
there is nothing in the Deed to
show that Lot 789 or portion
thereof was being sold.
L Tax Declaration of Common Exhibit.
The purpose for which this
Exhibit is being offered by
Plaintiff is misleading. Tax Dec
refers to Lot 6967, not Lot 6886
M Deed of Absolute Sale Misleading with respect to the
purpose for which it is being
offered. The Deed is dated May
22, 1962, meanwhile, HHH has
no proof as the owner of the
entire Lot 456 prior to 1977 –
and even this was only seen in
the Tax Declaration, but no
Deed of conveyance in his favor
to support the claim that he was
the owner thereof
N DENR Certification Irrelevant, Lot 6886 is not in
issue in this case.
O Tax Declaration Self-serving, Tax Declaration,
when it is without actual
possession of Lot 456, is not a
strong indication of ownership
P Certificate To File No comment.
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Action
Q Attorney’s Fees Self-serving.
Z Judicial Affidavit No comment.
AA Supplemental Judicial
Affidavit
BB Tax Declaration The purpose for which these
CC Archival Record exhibits are being offered are
DD Ocular Inspection objected to for being misleading.
Report
EE Deed of Absolute Sale
Judicial Affidavit No comment.
PRAYER
WHEREFORE, it is most respectfully asked from the Honorable
Court that these comments/objections be taken into consideration in
resolving whether to admit or deny the admission of the above-mentioned
exhibits of Plaintiff.
Other just and equitable reliefs under the circumstances are likewise
prayed for. Respectfully submitted.
Gubat, Sorsogon, September 25, 2023.
NNN
Counsel for Defendants
Roll of Attorney No. 123456
IBP No. / / /
PTR No. / /
MCLE No. /
E-mail:
Mobile No.:
Copy furnished (by registered mail):
ATTY. MMM
Counsel for Plaintiff
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