Republic of the Philippines

COURT OF APPEALS
Cebu City

TWENTIETH (20TH) DIVISION

BEN PEREZ, CA-G.R. CEB-SP. No. 04750

Petitioner, (Civil Case No. 2008-04-40
RTC Br. 6, Tacloban City)
-versus-

SPS. BIENVENIDO MOLLEDA

and ZENAIDA MOLLEDA,
Respondents.

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MANIFESTATION
PETITIONER, by and through counsel, in the above-entitled
case, unto this Honorable Court, most respectfully manifests: THAT---

1. As an aftermath of Supertyphoon “Yolanda”, the counsel for

petitioner has changed address from his law office at 253 Avenida
Veteranos, Tacloban City, which was washed out by storm surge, to:

Unit 2-I, FC Bldg.

288 Tomas Morato Avenue
1103 Quezon City

2. Memorandum was not filed by petitioner as he failed to get in

touch with principal counsel, Atty. BC Lawsin, whose whereabouts up
to the present is not known. The latter was in possession of the
records of this appealed case.

3. Petitioner’s attorney-in-fact Danilo Chua was able to

communicate with the undersigned counsel only on February 4, 2014,
and furnished him at the above-stated new address a photocopy of
the 21 October 2013 Resolution of this Honorable Court and
photocopies of some pleadings in this case.

4. Petitioner adopts in toto his Petition dated 4 January 2010,

including the attached Annexes/Exhibits as his MEMORANDUM, and
which specified and discussed the three (3) assigned errors, to wit:
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I. THE DECISION OF THE REGIONAL TRIAL

COURT IS NOT IN ACCORDANCE WITH THE
FACTS AND LAW OF THE CASE;

II. THE REGIONAL TRIAL COURT ERRONEOUSLY

HELD THAT RESPONDENTS ARE ENTITLED TO
RECOVER POSSESSION DESPITE FAILURE TO
CLEARLY ESTABLISH THEIR RIGHTS UNDER
THE FACTS OF THE CASE; AND

III. THE REGIONAL TRIAL COURT ERRED IN NOT

ADHERING TO DOCTRINES AND
JURISPRUDENCE APPLICABLE TO THE CASE
AT BAR WHEN IT REVERSED AND SET ASIDE
THE DECISION OF THE TRIAL COURT OF
ORIGIN.

5. But, most worthy of observation is the fact that the findings of

the geodetic engineers in their COMMISSIONERS REPORT, on
which the court a quo based its Decision on 31 March 2008, were
never refuted to be irregular and never overturned by convincing
evidence by the plaintiffs. As such, said COMMISSIONERS REPORT
should have been given full respect and credit by the Regional Trial
Court.

WHEREFORE, foregoing premises considered, it is most

respectfully prayed of this Honorable Court that this
MANIFESTATION be noted and be given due course.

Quezon City for Cebu City, February 11, 2014.

LEO S. GIRON
Counsel for Petitioner
Roll No. 37379
IBP Lifetime No. 00733
PTR No. 7252918; 1-9-14; Tacloban City
MCLE Compliance No. IV-0005511; 4-23-12

Unit 2-I, FC Bldg., 288 Tomas Morato Avenue

Quezon City
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REQUEST/NOTIFICATION

DIVISION CLERK OF COURT

COURT OF APPEALS, 20TH DIVISION
CEBU CITY

Greetings:

Kindly submit the foregoing MANIFESTATION for the

consideration of the Honorable Court immediately upon receipt hereof
sans oral argument.

LEO S. GIRON

ATTY. MENCHITO L. VIOVICENTE

Counsel for the Respondents

Greetings:

Please take notice that the foregoing MANIFESTATION will be

submitted for the consideration of this Honorable Court immediately
upon receipt hereof sans oral argument.

LEO S. GIRON

COPY FURNISHED:
Explanation: by registered mail due to distance

ATTY. MENCHITO L. VIOVICENTE

No. 119 Shopping Center
Tacloban City 6500