Rescission of Aircraft Purchase Agreement Due to Rudder System Malfunctions

Republic of the Philippines
FIRST J UDICIAL REGION

FAMILY COURT
Branch 9
Baguio City

AMANDA RUTH S. MONTEJO,
Petitioner,
-versus- CIVIL CASE NO. CC-145781
FOR: Declaration of Nullity of Marriage
NICHOLAS NATHANIEL D. FORTALEJO.
Respondent,
x--------------------------------------------------x

ENTRY OF APPEARANCE AS COUNSEL

The undersigned counsel, respectfully states:

1. That the undersigned counsel has just been recently retained by the respondent
in the above-entitled case;
2. That henceforth, he respectfully requests that all copies of pleadings, notices and
orders be furnished to the undersigned at her address indicated below.
PRAYER

WHEREFORE, it is respectfully prayed that the appearance of the undersigned
be NOTED.

Other reliefs and equitable remedies under the premises are likewise prayed for.

Baguio City, this 7
th
day of September 2014.

ATTY. SHERYLLE T. ONG
Counsel for the Respondent
12 Quezon Hill, Baguio City
(074) 300- 3030 / 0923-2334423
PTR No. 050183/Baguio City/12-31-14
Roll of Atty. No. 73222
IBP Lifetime Membership No. 12344
MCLE Compliance No. 71234

Copy furnished: (Personal Delivery)
ATTY. LAUREN D. KITT
Counsel for Petitioner
Rm. 4A, 4
th
Floor, EDY Bldg.,
#211 Kisad Road, Baguio City

REGIONAL TRIAL COURT
First judicial Region
Branch 10
Baguio City

REDENTOR G. CARSON,
Plaintiff, CIVIL CASE NO.CC-125789
For: UNLAWFUL DETAINER
-Versus-

BOGS DAGOHOY,
Defendant.
x----------------------------------------x

WITHDRAWAL OF COUNSEL WITH SUBSTITUTION

THE CLERK OF COURT
Regional Trial Court of the City of Baguio
Branch 10

ATTY. MARIA PHOENIX M. CHOA, counsel on record for the Defendant and to
this Honorable Court respectfully moves to withdraw as counsel of said defendant with
the express consent of said defendant as shown in this motion;

That in the substitution thereof, ATTY. AVERY CLAIRE L. DE MARCO, whose
services have been engaged by defendant hereby enters her appearance as counsel
for the defendant;

That upon approval of this Honorable Court, all pleadings, notices and papers in
connection with this case be addressed to new counsel ATTY. AVERY CLAIRE L. DE
MARCO with address at Unit 5C, 5
th
Floor PortaVaga Bldg., Session Rd., Baguio City.

Baguio City, Philippines, this 7
th
day of September, 2014.

OLD COUNSEL NEW COUNSEL

p

Counsel for the Defendant
(074) 300- 3030 / 0923-2334423
PTR No. 050183/Baguio City/12-31-14
Roll of Atty. No. 73222
IBP Lifetime Membership No. 12344
MCLE Compliance No. 71234

ATTY. AVERY CLAIRE L. DE MARCO
Unit 5C, 5
th
Floor, PortaVaga Building
Session Road, Baguio City
(074) 421-8977/ 09475530284
PTR No. 157821; 1-15-10/Baguio City
Roll of Attorney No. 128948; 1-15-10/Baguio City
IBP Lifetime Membership No. 12900231;
Baguio-Benguet
MCLE No.II1-0000998/07-21-11
TIN: 189-789-754

Branch 1
Baguio City

EAGLE EYE AVIATION INC.,
Petitioner,
CIVIL CASE NO. CC-127891
-versus- FOR: RESCISSION OF
CONTRACT WITH
DAMAGES
I-TEMP TECHNOLOGY INC.,
Respondent.
x-----------------------------------------------------------------x

PETITION

1. Petitioner is a corporation duly organized and existing under Philippine Laws, having its
principal office at #35 Loakan, Baguio City.
2. I-Temp Technology Inc., is a duly organized corporation existing under Philippine Laws,
having its principal office at #21 PEZA Compound, Loakan, Baguio City.
3. I-Temp is a manufacturer of corporate jet aircraft. A related entity provides aircraft
inspection and maintenance services for such aircraft. Eagle Eye purchased a certain
Raytheon Aircraft Company Premier aircraft, Registration Number N18BA, Serial
Number RB-121 (hereinafter, the Aircraft) on or about May 23, 2007, and has owned
the Aircraft since then, a copy of Deed of Absolute Sale is hereto attached as Annex
A
4. The Aircraft was used as part of I-Temps demonstration fleet of such aircraft, and was
sold to Eagle Eye with several hundred hours of flight time on it. Eagle Eye, with its
acquisition of the Aircraft, also entered into a Raytheon Support Plus+ maintenance
agreement (the Maintenance Agreement) a copy thereof attached as Annex B,
essentially providing for nose to tail maintenance of the Aircraft by Aircrafts
manufacturer in exchange for an hourly rate paid by Eagle Eye. This is a maintenance
event that takes place approximately 1 every two (2) to four (4) years, and could be
considered a relatively invasive procedure, with much of the aircraft disassembled for
inspection purposes.
5. Agreement has been in full force and effect throughout Eagle Eyes ownership of the
Aircraft, without interruption, and is scheduled to expire on December 21, 2017. The
Aircraft has at all times been maintained either by I-Temp or by a service facility fully
authorized by I-Temp to maintain the Aircraft. The Aircraft is a recently developed
aircraft that features technology and methods of construction not commonly utilized in
corporate jets previously.
6. During November and December, 2011, the following inexplicable events transpired.
The Aircraft was subjected to an 800 hour inspection during November 14, 2009, and
was returned to service by I-Temp on or about November 24, 2009. During the first flight
out of maintenance, the Aircraft was being repositioned from Mindoro Aerial Navigation,
for an intended trip to Guam. The first leg, being a repositioning flight, was also used to
verify normal system operation. The pilot flying (PF) reported a need for differential
rudder input as the Aircraft accelerated for departure. After rotation, the PF reported
using full right rudder to maintain The Aircrafts rudder controls an aircraft around the
vertical axis, the resulting movement. Since then the rudder trim became an issue and
caused the Plaintif to loss of revenue f or the non-operational of said aircraft.
7. Eagle Eye made repeated inquiries with I-Temp, through its counsel, seeking to learn
what could possibly cause the un-commanded travel of the rudder trim into a full
deflection position, either specifically with regard to the Aircraft or to any other aircraft in
the fleet, followed by the complete failure of the rudder trim system. Eagle Eye has been
provided with no plausible explanation whatsoever, with I-Temp essentially asking Eagle
Eye, its flight crews, and its owners and family members to assume the role of unwitting
test subjects in determining if and when the Aircrafts rudder trim system will travel full

left, un-commanded, which by any account is an event of catastrophic proportions that
could easily result in the loss of the Aircraft and the gruesome deaths of all aboard.

Suit for Rescission of Contract
8. Eagle Eye will show that the foregoing fully supports its request to rescind the aircraft
purchase agreement under which it purchased the Aircraft from I-Temp. The preceding
is incorporated by reference the same as if fully copied and set forth at length. In
pertinent part, the Contract pertained to the sale of the Aircraft that was both expressly
and implied that I-Temp warrants that the said aircraft is capable of being normally
operated and maintained, such that Eagle Eye would not be required to guess as to
whether the Aircraft was capable of normal and routine flight operations, and was not
required to wonder whether the rudder trim would once again run un-commanded to
the full left position, with the potential loss of the Aircraft and all aboard. The facts and
circumstances described herein reveal that I-Temp has no clue whatsoever as to the
cause of the particular malfunctions found to exist with the Aircraft rudder trim system,
not once, not twice, but three times, with the failure occurring in the exact same
direction and substantially the same mode, thus there was a breach of warranty.
9. Eagle Eye is entitled to rescission of the contract under the doctrine of mutual mistake.
Eagle Eye seeks to avoid the Contract, seeks the return of consideration from I-Temp,
and is willing to return the Aircraft to I-Temp to do with as it sees fit, returning the parties
to the Contract to their earlier positions as if no Contract existed. By reason of the
uncertain condition of the Aircraft, Eagle Eye has no adequate remedy available to it at
law. Eagle Eye is not in breach of the Contract. I-Temps inability to diagnose and
explain the previous malfunctions goes to the very essence of the Contract. This mutual
mistake by I-Temp and Eagle Eye requires that the Contract be set aside to avoid unjust
enrichment.
10. In the alternative to, and/or in addition to, and without prejudice to the foregoing, Eagle
Eye is entitled to rescind the Contract under the doctrine of unilateral mistake. The facts
herein go to a material part of the Contract. The mistake under which the Aircraft was
purchased is so great that enforcing the Contract would be unconscionable. Eagle Eye
utilized ordinary care in entering into the Contract with I-Temp, despite which the
unilateral mistake occurred. Rescission of the Contract will not prejudice I-Temp except
for the loss of the bargain it entered into with Eagle Eye. Eagle Eye learned of the
grounds for the rescission of the Contract, has not utilized the Aircraft since, and has
offered to return the Aircraft to I-Temp in exchange for the consideration paid.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Eagle Eye Aviation, Inc. respectfully
requests that I-Temp Technology Inc., be cited to appear and answer and that, upon
final trial hereof, Plaintiff have the following:

1. Rescission of the Contract under which the Aircraft was sold from Defendant to
Plaintiff, including any ancillary agreements related thereto;
2. Damages sustained by the Plaintiff amounting to Php20,000,000.00
3. Costs of suit;
4. Attorneys fees.

Other just and equitable relief are also prayed for.

Respectfully submitted this 7
th
day of September 2014, done in the City of
Baguio, Philippines.

ATTY. DEANNE C. MANADAO
Unit 3B, 3
rd
Floor, Porta Vaga Building
(074) 422-4388/ 09057037608
IBP Lifetime Membership No. 1029338; Baguio-Benguet

REPUBLIC OF THE PHILIPPINES }
DONE: IN THE CITY OF BAGUIO } S.S.
X ============================ X

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, JOHN BRAD P. SMITH, after having been duly sworn to in accordance with
law, hereby depose and state:

1. That I am the President/ CEO/Chairperson of the EAGLE EYE AVIATION, INC,
having its principal office at #35 Loakan, Baguio City.
2. That I have caused the preparation and filing of the foregoing Petition;
3. That I have read the contents thereof and that the allegations therein are true
and correct of my own personal knowledge and or based on true and
authentic records and documents;
4. That I hereby certify that I have not filed the same or similar action or
proceeding against the herein Defendants before any court or tribunal in the
Philippines or abroad. If I should learn that a similar action or proceeding
against the herein Defendants has been filed or is pending before any other
court or tribunal, I shall notify the court within five (5) days from such notice.

IN WITNESS WHEREOF, I have hereunto signed this verification this 7
th
day of
September 2014.

JOHN BRAD P. SMITH
Affiant

SUBSCRIBED AND SWORN to before me in the City of Baguio this 7
th
day of
September 2014 byJOHN BRAD P. SMITH, who has satisfactorily proven his identity to
me through his Passport No. SS787895421 valid until June 21, 2017, that he is the
same person who personally signed the foregoing affidavit before me and
acknowledged that he executed the same.

__________________________________
Notary Public for the City of Baguio
until December 31, 2014
Com. No. 2014 - 023
Doc. No. 47; PTR No. 050183/Baguio City/12-31-14
Page No. 09 ; Roll of Atty. No. 73222
Book No. 01; IBP Lifetime Membership No. 12344
Series of 2014. MCLE Compliance No. 71234

Branch 8
Baguio City

JODEA RUTH S. MARTIN
Plaintiff,

-versus- Civil Case No. CC-78921

JILLIAN ROSE D. LOPEZ
Defendant.
x------------------------------x

PETITION FOR JUDICIAL PARTITION OF REAL ESTATE

PLAINTIFF, through counsel, most respectfully states:

1. That the plaintiff is of legal age, single, Filipino citizen and a resident of # 245
Military Cut-Off Road, Baguio City, Philippines and defendant is likewise of legal
age, single, Filipino Citizen and a resident of # 58 Balacbac Road, Sto. Tomas
Proper, Baguio City, Philippines.

2. That plaintiff and defendant are co-owners pro-indiviso, in two (2) equal parts, of
one parcel of land (residential lot) situated at P. Burgos St., Bokawkan, Baguio
City, and covered by Transfer Certificate of Title No. T-98724 of the Office of the
Register of Deeds of the City of Baguio, which parcel of land is more particularly
described in said certificate of title as follows:

A parcel of land (Lot 2-A-6-C, of the subdivision plan, (LRC) Psd-
47132, being a portion of Lot 2-A-6, described on plan, (LRC) Psd-
11998, LRC (GLRO) Rec.No. Civil Res. No. 211), situated in the
Barrio of Res. Sec. J, City of Baguio, Bounded on the N., points 2
to 3, by Lot 2-A-5, (LRC) Psd-11998; on the E., points 3 to 4, by Lot
2-A-7, Psd-11998; on the SE., points 4 to 1, by Lot 2-A-6-A of the
subdivision plan; and on the W; points 1 to 2, by Lot 2-A-6-B, of the
subdivision plan. Beginning at a point marked 1 on plan, being N.
68 deg. 38 E., 715.59 m. from Governor Station, Baguio City xxx.

3. That the aforementioned parcel of land has a 30-meter frontage at Gomez Street,
and is easily divisible into two parcels both of which can conveniently serve as
either residential or commercial premises;

4. That plaintiff had several times notified defendant of formers desire and intention
to partition said property, and, for that purpose, had presented and submitted to
defendant a project-plan of partition, which was prepared and drafted by Engr.
Gilbert M. Mangliwan, a duly licensed surveyor, and an unprejudiced third party;

5. That aforementioned project-plan of partition is a very fair and practical division
of the property in question, and, to show plaintiffs good faith, her proposal to
defendant was, and is, to be determined by lottery which of the two parcels shall
pertain to either party;

6. That, for the preparation of said project-plan of partition, plaintiff paid said Engr.
Gilbert M. Mangliwan the sum of P25,000.00 which is the reasonable
compensation for the latters services;

7. That notwithstanding repeated demands of plaintiff, defendant refused and still
refuses, without justifiable cause or reason, to accede to the partition of said
property;

PRAYER

WHEREFORE, it is respectfully prayed that judgment issue:

1. Ordering the partition of the parcel of land mentioned and described in Paragraph
2 of this complaint, adopting for the purpose of said partition, the project-plan
prepared by Engr. Gilbert M. Mangliwan, copy of which will be presented at the
day of the trial;

2. Ordering that the determination as to which of the two (2) parcels in said project-
plan should pertain to either party be done by the choice of the parties, and,
should they pick the same lot, that it be done by lottery;

3. Ordering defendant to execute and sign all necessary papers or deeds which
shall give validity and effect to this partition;

4. Ordering defendant to pay plaintiff the sum of P12,500.00 which is equivalent to
50% of the amount paid by plaintiff to the licensed surveyor for the preparation of
the project-plan;

5. Other reliefs just and equitable under the premises are likewise prayed for.

th
day of September 2014, done in the City of Baguio,
Philippines.

X ============================ X


I, JODEA RUTH S. MARTIN, after having been duly sworn to in accordance with

5. That I am of legal age, Filipino citizen and a resident of # 245 Military Cut-Off
Road, Baguio City, Philippines;
6. That I have caused the preparation and filing of the foregoing Petition;
Counsel for Plaintiff
Unit 3B, 3
rd
(074) 422-4388/ 09057037608


th
day of
September 2014.

JODEA RUTH S. MARTIN
Affiant

th
day of
September 2014 by JODEA RUTH S. MARTIN, who has satisfactorily proven her
identity to me through herPassport No. MM89214589valid until November 30, 2015, that
she is the same person who personally signed the foregoing affidavit before me and
acknowledged that she executed the same.

__________________________________
Com. No. 2014 - 023

MUNICIPAL TRIAL COURT
Branch 1
Baguio City

LAND BANK OF THE PHILIPPINES
Plaintiff,
CIVIL CASE NO. CC-125789
-versus- FOR: Collection for Sum of
Money
ANTONETTE G. GUANZON
Defendant.
x--------------------------------------------------x

COMPLAINT

WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

PLAINTIFF, by and through undersigned counsel, respectfully state:

1. Plaintiff is a corporation duly organized and existing under Philippine Laws, having its
principal office at #21 Harrison Road, Baguio City, Philippines;

2. That defendant is of legal age, Filipino, and a resident of No. 45 Lower Brookside,
Baguio City, Philippines, where she may be served with summons and other Court
processes;

3. That on July 25, 2011, the defendant obtained a loan from the plaintiff in the sum of
Php50,000.00 (FIFTY THOUSAND PESOS) to be fully paid on October 25, 2011, as
evidence by a Promissory Note executed on October 25, 2011, a copy of which is
hereto attached as Annex A;

4. That the defendant was able to pay only the amount of Php2,500.00 from the
principal amount and despite the lapse of period to pay the loan, the defendant
failed to pay her total obligation thereby entitling the plaintiff to be paid of the unpaid
principal in addition to the agreed 30% per annum by way of interest and 30% per
annum by way of penalty, a copy of Statement Account is hereto attached as Annex
B and made an integral part hereof;

5. That said loan now long overdue despite of repeated demands and she failed and
refused and continue to fail and refuse to pay the same as evidenced by the
Demand Letter sent by the Banks Legal Counsel, a copy of which is hereto
attached as Annex C;

6. That repeated demands were madefor the defendant to pay her obligation but failed
to pay.

PRAYER

WHEREFORE,Plaintiff respectfully prays for judgment in its favour through a
Decision directing the defendant:

a. To pay Plaintiff the sum of (Php47,500) FORTY SEVEN THOUSAND FIVE
HUNDRED PESOS with interest at 30% as penalty from July 25, 2011 until the full
amount is paid;
b. Attorneys Fees of Php45,000;
c. The cost of this suit.

Other just and equitable relief are also prayed for.

th
day of September 2014, done in the City of
Baguio, Philippines.

X ========================= X


I, CHERRY D. GUZMAN, after having been duly sworn to in accordance with

9. That I am the President/ CEO of LANDBANK OF THE PHILIPPINES, having its
principal office at #21 Harrison Road, Baguio City;
10. That I have caused the preparation and filing of the foregoing Complaint;

th
day of
September 2014.

CHERRY D. GUZMAN
Affiant

Unit 3B, 3
rd
(074) 422-4388/ 09057037608

th
day of
September 2014 byCHERRY D. GUZMAN, who has satisfactorily proven her identity to
me through her Professional Drivers License No. A01-45789valid until November 28,
2014, that she is the same person who personally signed the foregoing affidavit before
me and acknowledged that she executed the same.

__________________________________
Com. No. 2014 - 023

Branch 5
Baguio City

CHERRY MONTRERAS RIVERA,
Plaintiff,
Civil Case NO.CC-11245
-versus- For: Reconveyance

JANICEMONTRERAS CRUZ,
ALBERT L. CRUZand
THE REGISTER OF DEEDS,
Baguio City,
Defendants.
x-----------------------------------------------x

C O M P L A I N T

Plaintiff, through counsel and unto this Honorable Court, most respectfully states:

1. That Plaintiff is of legal age, Filipino citizen, widow, a permanent employeeof GSIS Baguio
City Branch, and a resident of #43 2
nd
Road, Quezon Hill, Baguio City, Philippines, while
herein Defendant Janice Montreras Cruz is of legal age, jobless and presently residing at #31
Magsaysay Road, Baguio City married to her co-Defendant Albert L. Cruz, who is hereby
impleaded pursuant to the provisions of the New Rules of Court; the Register of Deeds of
Baguio City is likewise impleaded in this action in his official capacity as such Register of
Deeds of Baguio City with office address at 3
rd
Floor, City Hall Bldg., Baguio City where they
may be served with summons;
2. That the herein Plaintiff is the sister of Defendant Janice Montreras Cruz with whom the said
Defendant stayed and grew since she was a small girl until she got married to her co-
Defendant Albert L. Cruz sometime in October 2011;
3. That sometime in the month of April 2005, herein Plaintiff was offered to buy the lot she was
renting from the Spouses Coco M. Dela Cruz and Erich G. Dela Cruz and after the said
Plaintiff considered the offer, she decided to buy the same for future use of heronly child,
Margaux Rose Rivera, who was then only about 10 years of age, the value of which property
is more or less ONE HUNDRED FIFTY THOUSAND PESOS (Php150,000.00);
4. That since Margaux Rose Rivera was still a minor then, the Plaintiff was advised that the title
cannot be transferred in her name yet, and so to give her sister some sort of encouragement
in life and in order to develop the personality of her sister, Janice, she decided to transfer the
title in her name as per the herein attached photocopy of the Title No. T-89712 with the
understanding that it will be transferred in the name of Margaux Rose Rivera as soon as he
reaches the age of majority;
5. That when Margaux Rose Rivera, the only child of the Plaintiff finally reached her age of
majority, the herein Plaintiff suggested to her sister to transfer the title to her daughter, but
through the convincing words of Janice when she begged that it be done later for it will be
very embarrassing to her suitors and besides, they are sisters and she would never fool her,
Plaintiff acceded to the request and allowed the same property to remain registered in the
name of her sister;
6. That having considered the request of Janice to be valid and her earnest desire to help her
sister by giving her some sort of encouragement in life and to develop her personality, the
Plaintiff without any slight suspicion that her sister whom she reared and cared for since she
was a child until she got married at the mature age of 30 years old would someday be
afflicted with greediness, she acceded to allow the same parcel of land to remain registered
in her name;
7. That when the herein Plaintiff bought the property from the above named spouses, Coco M.
Dela Cruz and Erich G. Dela Cruz and even up to the present, Janice Montreras Cruz has
never been gainfully employed so as to be in the position to buy any piece of real property
and all the time, until she got married sometime in October 2011, she was a complete
dependent of the Plaintiff;
8. That recently, the herein Plaintiff experienced the biggest and humiliating surprise in her
whole life when the same Defendant demanded her to vacate the premises and the same
Defendant is now claiming the property to be her property and even went out to the extent of
dragging her sister-Plaintiff to the authorities;
9. That being sister, Plaintiff did almost everything to the extent of begging from the Defendant
Janice Montreras Cruz to cause the Transfer of Title of the above property to the name of her

only child, Margaux Rose Rivera, as the same property was really intended for her, but the
same Defendant vehemently refused and instead claims in bad faith absolute ownership
thereto to the prejudice of the Plaintiff;
10. That the above arrangement that led to the registration of title in the name of Defendant
Janice Montreras Cruz was known to the sellers of the property and other witnesses then,
such as Assistant Prosecutor Jason G. Araullo of the Prosecutors Office of Baguio City;
11. That despite of the Plaintiff having done everything possible as to convince her sister to
return to her the above described real property, the same Defendant failed and vehemently
refused to accede, thus, the Plaintiff was left with no other choice and had to take this last
recourse of bringing the case to the Court, and in the process she was constrained to engage
the services of the undersigned counsel with whom she agreed to pay a reasonable amount,
which we leave to the sound discretion of this Honorable Court to determine, for and by way
of attorneys fees;
12. That by the reason of the refusal of the Defendant Janice Montreras Cruz to return the
property to the Plaintiff, herein Plaintiff suffered sleepless nights, mental anguish, wounded
feelings and other form of moral damages, for which the Defendant should be held liable to
the Plaintiff for such amount, which we likewise leave to the sound discretion of this
Honorable Court to determine for and by way of moral damages;
13. That to set an example to others under the same situation, the Defendant should be made
liable to pay the Plaintiff a certain sum which we leave to the sound discretion of this
Honorable Court to determine for and by way of exemplary damages;
14. That there being no other way by which herein Plaintiff could enforce her right and protect her
interest as she had already exhausted all the possible remedies until she was left with no
other choice but to bring the case to court, the same Defendant should be made liable to pay
the costs of the suit.

P R A Y E R

WHEREFORE, in view of the above premises, it is most respectfully prayed of this Honorable
Court that after due hearing of this case, the Honorable Court shall render a decision in favour of the
Plaintiff and against the Defendant:
1. By finding the plaintiff to be the lawful owner of the above described property;
2. By ordering the defendant, the Register of Deeds of Baguio City, to cancel the Transfer
Certificate of Title No. T-89712 covering the above real property involved, and that the
same defendant Register of Deeds of Baguio City be ordered to issue another Transfer
Certificate of Title to recover the same property in favour of and in the name of herein
plaintiff;
3. By ordering the defendants Janice and Albert Cruz to pay jointly and severally the plaintiff
of certain sum the amount of which we leave to the sound discretion of this Honorable
Court to determine as reasonable as attorneys fees;
Court to determine for and by way of moral damages;
Court to determine for and by way of exemplary damages;
6. By ordering the defendants Janice and Albert Cruz to pay jointly and severally, the costs
of suit, and plaintiff further prays for some other reliefs that may be just and equitable
under the premises.

th

Unit 3B, 3
rd
(074) 422-4388/ 09057037608

REPUBLIC OF THE PHILIPPINES}
X ============================ X

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, CHERRY MONTRERAS RIVERA, of legal age, Filipino, widow a resident of #43 2
nd
Road,
Quezon Hill, Baguio City, Philippinesand after having been duly sworn to in accordance with law, do
hereby depose and state:

1. That I am the plaintiff in the above-entitled complaint;
2. That I personally caused the preparation of the foregoing complaint;
3. That I have read and understood the contents of the foregoing complaint and the
allegations therein are true and correct to the best of my own personal knowledge and
belief based on authentic documents;
I FURTHER CERTIFY THAT:

4. I did not therefore commence any action or any claim involving the same issues in any
court, tribunal or quasi-judicial agency and to the best of my knowledge, no such other
action or claim is pending therein;
5. In the event that there is such other similar action or proceeding or if I should hereafter
learn that such similar action or proceeding has been filed or is pending before the
Supreme Court, Court of Appeals and any court, or any other tribunal or agency, I will
promptly inform the Honorable Court of the fact and status of the same within five (5) days
from knowledge there from.

IN WITNESS WHEREOF, I have hereunto set my hand this 7
th
day of September 2014 in the City
of Baguio, Philippines.

CHERRY MONTRERAS RIVERA
Affiant
TIN: 912-578-900
Issued on: March 21, 1993
Issued at: Baguio City

th
day of September 2014
by CHERRY MONTRERAS RIVERA, who has satisfactorily proven her identity to me through her
Taxpayers Identification Number indicated below her name, that she is the same person who personally
signed the foregoing affidavit before me and acknowledged that she executed the same.

__________________________________
Com. No. 2014 - 023

FAMILY COURT
Branch 21
Baguio City

SAMANTHA TAYLOR-ARAULLO,
Petitioner,
-versus- CIVIL CASE NO. 129078
FOR: Legal Separation
ANDREI D. ARAULLO,
Respondent.
x----------------------------------------------------x

PETITION

WITH ALL DUE RESPECT to the Honorable Court, Petitioner through counsel
respectfully alleges that:

1. That the petitioner, SAMANTHA TAYLOR-ARAULLO, is of legal age, Filipino
Citizen, with residence and postal address at No. 89 M. Roxas St., Lower
Brookside, Baguio City where she may be served with summons and other
processes of the Honorable Court;
2. That the respondent, ANDREI D. ARAULLO, is also of legal age, Filipino
Citizen, with residence and postal address at No. 18 Purok 3, TandangSora,
CamdasSubd., Baguio City where he may be served with summons and other
processes of the Honorable Court;
3. That she and the respondent are wife and husband, who were married in a
civil ceremony officiated by Honorable Janice Toni G. Guitelen, Presiding
judge of the Regional Trial Court of Baguio City, Branch 21, on August 21,
2000, which was solemnized according to Roman Catholic rites officiated by
Reverend Father Mike Seys, CICM, on August 21, 2001 at St. Anthony de
Padua Church in Pacdal, Baguio City. A copy of their marriage contract is
hereto attached as Annex A and made an integral part hereof;
4. A year later, she gave birth to the children of respondent, namely, Alessandra
Rose, 11 years old, born on January 1, 2002 and Atasha Jewel, 9 years old,
born on September 14, 2004. Both are enrolled at Berkeley School at No. 30
CM Recto Road, Navy Base, Baguio City;
5. By their joint efforts and industry, petitioner and respondent acquired real and
personal properties consisting of 5,000 square meters residential land,
located along RichviewSubd., Bakakeng, Baguio City, covered and described
in TCT No. T-1112 (Annex B) issued by the City Registrar of Baguio, and
registered both in their names; 10,000 square meters of agricultural land in
Tarlac, covered and described in TCT No. T-1212 (Annex C) issued by the
Registry of Deeds of Tarlac and registered both in their names; residential
house and lot at Maria Basa, Pacdal, Baguio City, four sets of computer, two
sets of laptop, four television set, one Starex Van with Plate no. CAD 214,
one ToyotaFortuner with Plate no. TXS 189, and other personal properties;
6. Few months later after Atasha Jewel was born, the respondent showed acts
of marital irresponsibility. He started to stay out late at night; he started to
drink heavily alcoholic beverages; he continually became irritable and picked
quarrels or blurted verbal abuses at every turn while at home. As months

passed, his behavior worsened from bad to worse. He came home in the wee
hours of the morning, drunk, irrational in many ways in his utterances and
actions to a point that, on many occasions, he inflicted physical violence
coupled with verbal abuse, for no apparent reason, so much so that the
petitioner suffered physical injuries, mental anguish, emotional distress and
she could hardly have a restful sleep on any given night. She lost weight. She
became morose. She was almost always on pins and needles. Lately,
respondent would leave the conjugal home for days on end. Petitioner found
out that respondent is living with another woman at No. 18 Purok 3,
TandangSora, CamdasSubd., Baguio City. Respondent stopped giving
support to the petitioner and his two children. Having discovered the infidelity
of the respondent she had consult with a marriage counselor, a psychiatrist,
and her confessor and sought their advice.
7. By the last week of March 2012, respondent abandoned the conjugal home.
She learned later from well-meaning and concerned friends and relatives that
respondent is living for some time with his common-law wife, Trisha Vargas,
without any justifiable reason, with whom respondent has begot a baby boy
who was christened Trina.
8. Respondent is a well-known practicing lawyer, engaged in the litigation of
corporate, land disputes, high profile criminal cases, in the City of Baguio and
the surrounding municipalities and provinces, and is retained legal counsel by
five Corporations in La Union, on a monthly retainer, where he derives a
monthly income of P100,000.00 from which respondent can well afford to
support Alessandra Rose, Atasha Jewel, and the petitioner.
9. Petitioner, a part- time law professor at the University of the Cordilleras who
derived a monthly income of P20,000.00 is on leave for the school year 2011-
2012, when the behavior of respondent palpably worsened, to take care of
Alessandra Rose and Atasha Jewel because their two household help left
them. She took over the daily chores of the house. She is not gainfully
employed right now and no income to meet the daily expenses of her two
children and other necessary expenses.
PRAYER
WHEREFORE premises considered, the Petitioner prays that after due hearing
judgment be rendered declaring a decree of legal separation between petitioner and
respondent, ordering the liquidation of the conjugal property and requiring the
respondent to give support to petitioner and her two children until they reached the
majority age or until they finished their college education, in such amount as the
Honorable Court may reasonably fix.
Petitioner further prays for such reliefs equitable and available as provided in law
and as may be just and fair under the premises.
th
day of September 2014 in the City of Baguio.

Unit 3B, 3
rd
(074) 422-4388/ 09057037608

X ============================ X


I, SAMANTHA TAYLOR-ARAULLO, is of legal age, Filipino Citizen, with
residence and postal address at No. 89 M. Roxas St., Lower Brookside, Baguio
Cityafter being duly sworn according to law, deposes and states:

1. That I am the petitioner of the above-entitled case;
2. That I caused the preparation of the foregoing petition for legal separation;
3. That I have read the material and relevant allegation therein contained and are
true and correct of my personal knowledge;
4. That Annex A, an original duplicate of my marriage contract with the respondent
is true and genuine.
5. That I have not theretofore commenced any action or filed any petition involving
the same issue in any court, tribunal, or quasi-judicial agency and to the best of
my knowledge, no such other action or petition is pending therein except the
present petition has been filed or is pending, I shall report that fact within five (5)
days therefrom to the court wherein the aforesaid petition or action has been
filed.

WITNESS my hand this 7
th
day of September 2014 in the City of Baguio
Philippines.

SAMANTHA TAYLOR-ARAULLO
Petitioner

th
day of
September 2014 by SAMANTHA TAYLOR-ARAULLO, personally known to me, who is
the same person who personally signed before me the foregoing affidavit and
acknowledged that she executed the same.

__________________________________
Com. No. 2014 - 023

Branch 1
Baguio City

ALICIA SUE CARSON-MONTEJAR,
Petitioner,
CIVIL CASE NO.198023
-versus- FOR: Declaration of Nullity
of Marriage
DWAYNE JOHNSON D. MONTEJAR,
Respondent.
x--------------------------------------------------x

P E T I T I O N

PETITIONER, by counsel unto this Honorable Court, alleges:

(1) Petitioner is of legal age, Filipino citizen, and with residence at #211 Maria Basa, Pacdal,
Baguio City, while her husband respondent Dwayne Johnson D. Montejar, is also of
legal age, Filipino citizen, and at present is residing at FA-145 Balili, La Trinidad,
Benguet.

(2) On July 10, 2010, Petitioner and respondent got married at the Lady of Atonement
Cathedral of Baguio City, Philippines solemnized by Reverend Father Mike Seys, CICM.
The Marriage Certificate is hereto attached as Annexed A.

(3) They lived at #211 Maria Basa, Pacdal, Baguio City. During their shared moments,
petitioner noticed that her husband would give any excuse not to have sex with her. For
about one year since their marriage, he never had any sex with her, which was the
reason of their quarrels every time. Such quarrels led her husband to frequently leave
the conjugal home and would return at unholy hour of the night, drunk and immediately
go to sleep.

(4) Petitioner had been convincing her husband to go to a physician for consultation to know
what is bothering him not to perform his moral obligation as husband. However, the
husband refused.

(5) In more than one year of their marriage, respondent did not have any sexual intercourse
with the petitioner, nor even allow her to touch his private parts, nor to kiss him. To such
extent that their lives became so unbearable thus led the petitioner to file an instant
petition for annulment of marriage on the ground of psychological incapacity of her
husband pursuant to Article 36 of the Family Code.

(6) It has been held that the prolonged refusal of a spouse to have sexual intercourse with
the other spouse is a sign of psychological incapacity.

PRAYER

WHEREFORE, petitioner prays that judgment be rendered, declaring petitioners marriage
to respondent as null and void, and for such other relief as may be just and equitable in the
premise.

th

X ============================ X


I, ALICIA SUE CARSON-MONTEJAR, the petitioner in this case, have caused the
preparation of the petition for annulment of marriage; I have read the material and relevant
allegations therein contained are true and correct of my personal knowledge.

I hereby certify that I have not heretofore commenced any action or filed any claim
involving the same issues before any other court, tribunal or quasi-judicial agency; that to the
best of my knowledge, there is no such pending action or claim and that if I should hereafter
learn that the same or similar action or claim has been filed or is pending, I shall report such fact
within five (5) days there from to the Honorable Court.

IN WITNESS WHEREOF, I have hereunto affix my signature this 8
th
day of September
2014, in the City of Baguio, Philippines.

ALICIA SUE CARSON-MONTEJAR
Affiant

th
day of
September 2014 by Alicia Sue Carson-Montejar, personally known to me, who is the same
person who personally signed before me the foregoing affidavit and acknowledged that she
executed the same.
__________________________________
Com. No. 2014 - 023

Unit 3B, 3
rd
(074) 422-4388/ 09057037608

Branch 8
Baguio City

IN THE MATTER OF THE PETITION
FOR THE CONFIRMATION OF THE
DIVORCE DECREE ISSUED BY THE FAMILY COURT CASE No. A-2121
SUPERIOR COURT OF CALIFORNIA
COUNTY OF KERN

LAWRENCE DANIEL F. NAVARRO
Petitoner,

-versus-

THE OFFICE OF THE LOCAL CIVIL
REGISTRAR OF BAGUIO CITY,
Respondent.
x--------------------------------------------------x

P E T I T I O N

PETITIONER, by and through counsel and unto this Honorabloe Court, most respectfully
avers:

1. That Petitioner is of legal age, Filipino citizen and a resident of #345 Maria Basa, Pacdal,
Baguio City, while respondent is a government entity or official charged with the
registration, recording, issuance and custody of public records regarding births,
marriages and other matters, with office address at 3rd Floor, City Hall, Baguio City;
2. The Petitioner and Amanda Montejo Navarro got married on September 14, 2005 at the
Regional Trial Court, Branch 1, Baguio City. A copy of their Marriage Contract is hereto
attached as Annex A and made an integral part hereof;
3. That Amanda Montejo Navarro is now residing at 1900 7
th
Place, Delano, CA 92314
USA, together with her child and the father of her child;
4. That Amanda Montejo Navarro migrated to the United States of America on August
2002, came back to the Philippines to get married to Petitioner, and returned to the
United States after their marriage;
5. That Petitioner and Amanda Montejo Navarro have a child, Lacy Claire M. Navarro, born
on June 12, 2000 at Baguio City, who left the Philippines on November 2008 to join her
mother in the United States;
6. That sometime on August 2010, when Amanda M. Navarro was already an American
Citizen, Petitioner received a Summons with an attached Petition for Dissolution of
Marriage filed by Amanda Montejo Navarro on July 25, 2010;
7. That Petitioner was caught in surprise; consequently, and because of the distance, he
was not able to submit any response to the Petition;
8. That the said Petition for Dissolution of Marriage was brought by declaration under
Family Code section 2336 of California;
9. That on December 3, 2010, the Superior Court of California issued a Judgment
dissolving the marriage of herein Petitioner and Amanda Montejo Navarro, terminating
spousal support between the parties, awarding physical custody of their child to Amanda
Montejo Navarro and the legal custody to both parents, and further awarding visitation
rights to herein Petitioner. Copies of the Judgment of Dissolution of Marriage and Entry

of Judgment are hereto attached as Annex B and Annex C, respectively, and the
envelope conatining the said documents is hereto attached as Annex D and made as
integral parts hereof;
10. That the said Judgment of Dissolution of Marriage and Entry of Judgment were sent to
counsel for Petitioner by the Superior Court of California as a response to the letter of
request sent by the undersigned counsel. Copy of the letter from the undersigned
counsel ias hereto attached as Annex E and made as integral parts hereof;
11. That as a consequence of the Judgment of Dissolution of Marriage of Petitioner and
Amanda Montejo Navarro, they are restored to status of single persons;
12. That there is a need for the judicial confirmation of the above-mentioned foreign
judgment of dissolution of marriage/divorce decree before it will be recognized in the
Philippines.

P R A Y E R

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court,
invoking hsutice and equity, that after publication, notice and hearing, judgment be rendered:

1. Recognizing the judgment of dissolution of marriage issued by the Superior Court of
California, County of Kern;
2. Ordering the Office of the Civil Registrar to make the necessary annotation on the
Marriage Certificate of Lawrence Danile F. Navarro and Amanda Montejo; and
declaring the Petitioner to be capacitated to remarry.

Other just and equitable reliefs are also prayed for.

th

Unit 3B, 3
rd
(074) 422-4388/ 09057037608

REPUBLIC OF THE PHILIPPINES}
X ============================ X

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, LAWRENCE DANIEL F. NAVARRO, of legal age, Filipino, Filipino citizen and a
resident of #345 Maria Basa, Pacdal, Baguio City, Philippines and after having been duly sworn
to in accordance with law, do hereby depose and state:

6. That I am the petitioner in the above-entitled petition;
7. That I personally caused the preparation of the foregoing petition;
8. That I have read and understood the contents of the foregoing petition and the
allegations therein are true and correct to the best of my own personal knowledge
and belief based on authentic documents;

I FURTHER CERTIFY THAT:

9. I did not therefore commence any action or any claim involving the same issues in
any court, tribunal or quasi-judicial agency and to the best of my knowledge, no
such other action or claim is pending therein;
10. In the event that there is such other similar action or proceeding or if I should
hereafter learn that such similar action or proceeding has been filed or is pending
before the Supreme Court, Court of Appeals and any court, or any other tribunal
or agency, I will promptly inform the Honorable Court of the fact and status of the
same within five (5) days from knowledge there from.

IN WITNESS WHEREOF, I have hereunto set my hand this 8
th
day of September 2014
in the City of Baguio, Philippines.

LAWRENCE DANIEL F. NAVARRO
Affiant
Passport No. LL1278921
Issued on: November 21, 2010
Issued at: Baguio City

th
day of
September 2014 by LAWRENCE DANIEL F. NAVARRO, who has satisfactorily proven his
identity to me through his Passport No. indicated below his name, that he is the same person
who personally signed the foregoing affidavit before me and acknowledged that he executed the
same.

__________________________________
Com. No. 2014 - 023

Rescission of Aircraft Purchase Agreement Due to Rudder System Malfunctions

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