REPUBLIC OF THE PHILIPINES

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch 91
Sta. Cruz, Laguna

SUSAN FLORES,
ANTHONY REPESORA,
and SIMEON REPESORA,
Rep. by SALENG ROSARIO,
for herself and as Atty-in-fact,
Plaintiffs,

CIVIL CASE NO. SC -6056

-v e r s u s- For: Quieting of Title,
Cancellation of TCT No.
T-127257,
Possession and Damages.

PORFIRIO DELA PAZ, Jr. and

RUFINA DELA PAZ,

Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - x

MOTION FOR THE ISSUANCE

OF STATUS QUO ORDER AND APPLICATION FOR WRIT OF
PRELIMINARY INJUNCTION WITH PRAYER FOR EX PARTE
TEMPORARY RESTRAINING ORDER
(RE: WRIT OF DEMOLITION)

COMES NOW the Plaintiffs, assisted by the undersigned

counsel, unto this Honorable Court, most respectfully requests:

STATUS QUO ORDER

1. That this case is related to an Ejectment Case filed by the

herein defendants against the herein plaintiffs for
Ejectment before the Municipal Trial Court of Victoria,
Laguna, docketed as Civil Case No. 941, concerning the
same property subject matter of this case;

2. That on December 13, 2017 Sheriff Loida D. Maganito of

the Regional Trial Court of Sta. Cruz, Laguna served a
copy of the Notice of Writ of Demolition;

3. That the case at bar is seeking for a decision under an

ownership over the said property subject of this Quieting
 of Title, whereby, the plaintiffs claims possession as owner
thereof;

4. That it is proper to preserved it status quo which is the

peaceful and uncontested status of herein plaintiffs before
the Municipal Trial Court of Victoria,

WRIT OF PRELIMINARY INJUNCTION WITH EX PARTE

TEMPORARY RESTRAINING ORDER

1. That plaintiffs are entitled to such as the grounds

which are as follows:

a. That the applicant is entitled to the relief

demanded, and the whole or part of such
relief consists in restraining the commission
or continuance of the act or acts complained
of, or in requiring the performance of an act
or acts, either for a limited period or
perpetually;

b. That the commission, continuance or non-

performance of the act or acts complained of
during the litigation would probably work
injustice to the applicant; or

c. That a party, court, agency or a person is

doing, threatening, or is attempting to do, or
is procuring or suffering to be done, some
act or acts probably in violation of the rights
of the applicant respecting the subject of the
action or proceeding, and tending to render
the judgment ineffectual.

2. That herein plaintiffs may suffer a great and irreparable

injury would result to the applicant before the matter
can be heard on notice as such:

a. That the present possessor/claimant is a illegitimate

child claiming rights hereunder as part of his
inheritance from his deceased father as an heir and
is currently living with the said property together
with their family who are still minors if they will be
ousted from it they will surely highly be prejudiced as
there is a clear and unmistakable right that need to
be protected hereunder for this case;

b. That there is a material and substantial invasion of

such rights as the defendants have done to said
 plaintiffs by instituting a case before Municipal Trial
Court of Victoria, Laguna;

c. That there is a urgent need for this be done to

preserve its status quo because this served as their
home or dwelling;

d. That there is no other ordinary, speedy, and

adequate remedy exists to prevent the infliction of
irreparable injury that may be suffered by the
claimant/possessor herein;

3. That as a general rule, an ejectment suit cannot be

abated or suspended by the mere filing of another
action raising ownership of the property as an issue but
an exception is as cited as below whereas in this case
the petitioner filed a petition in Regional Trial Court for
Quieting of Title, Reconveyance and Damages which
also moved to suspend the execution of the decision
below the decision in the Municipal Trial Court for
Ejectment which is for removal of house of the
petitioner herein :

That in Amagan v. Marayag, (383 Phil. 486, 489

{2000}), the Supreme Court ordered the suspension of
the ejectment proceedings on considerations of
equity. We explained that the ejectment of petitioners
therein would mean a demolition of their house and
would create confusion, disturbance, inconvenience,
and expense. Needlessly, the court would be wasting
much time and effort by proceeding to a stage wherein
the outcome would at best be temporary but the result
of enforcement would be permanent, unjust and
probably irreparable.

4. That the petitioner is entitled to be exempt from

executing a bond being a indigent;

PRAYER

1. That it is but proper to have the instant case be

decided first on the ground on considerations of
equity prior to the execution of the said Writ of
Demolition;

2. That the herein possessor/claimant is asking for the

court faithful and kind consideration to grant this
motion;
 WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court issue Status Quo Order and
application for writ of preliminary injunction with ex parte
temporary restraining order (Re: Writ of Demolition) enjoining
the dependants/respondents.

RESPECTFULLY SUBMTTED.
Pagsanjan, for Sta. Cruz, Laguna.
February 15, 2018.

TORADIO R. ESPLANA
Counsel for the Plaintiffs
PTR No.5549317 03 Jan 2018
BP No.013554 Roll No. 52577
MCLE COMPLIANCE NO. V- 0021982
Issued on 13 June 2016

NOTICE

THE CLERK OF COURT

RTC- Branch 91
Sta. Cruz, Laguna

Greetings:

Please take notice that the undersigned counsel will

submit the foregoing Motion on ________________ for the
consideration and approval of the Honorable Court immediately
upon receipt hereof.

TORADIO R. ESPLANA

Copy furnished:

Atty. Marsha B. Esturas

Unit 2J, Acacia Tower
Suntrust Parkview Condominiums
Natividad A. Lopez Street
Ermita 1000, Manila

VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING
Republic of the Philippines )
Sta. Cruz, Laguna ) Sc.

I, SALENG ROSARIO, Filipino, of legal age, with residence

and postal address in Victoria, Laguna, in my capacity as the
duly authorized representative of the plaintiffs after having been
duly sworn in accordance with law, hereby depose and state
that:
1. I am the duly authorized representative of petitioner in
the above-mentioned case;
2. I have caused the preparation of the foregoing petition;
3. The contents thereof was read to me in a language I
fully understand and the same are true and correct
based on my personal knowledge and beliefs;
4. That I have not filed any other action or proceedings
involving the same issue in the Supreme Court, the
Court of Appeals or any other tribunals or agency;
5. That to the best of my knowledge, there is no pending
case in the Supreme Court, the Court of Appeals or any
other tribunal or agency, involving the same;
6. That if there is any action or proceedings which is either
pending or may have been terminated, I will report the
matter to this Honorable Court within five days from
knowledge thereto.

IN WITNESS WHEREOF, I have hereunto set my hand

this day of March 2018 in Sta. Cruz, Laguna.
th

SALENG ROSARIO
Affiant

SUBSCRIBED AND SWORN to before me, this th day of

2018, affiant exhibited to me her valid evidence of identity
under __________ID with Number _____________ valid until
___________________.

TORADIO R. ESPLANA
Notary Public
Until 31 December 2019
PTR No. 5549317 03 Jan. 2018
Doc. No. ____; Pagsanjan Laguna
Page No. ____; IBP OR No. 013554 Roll No. 52577
Book No.____; MCLE Compliance No. V- 0021982
Series of 2018.