Ben Perez_ca Mr.docx

Republic of the Philippines

COURT OF APPEALS Cebu City

TWENTIETH (20TH) DIVISION BEN PEREZ, Petitioner,

CA-G.R. CEB-SP. No. 04750 (Civil Case No. 2008-04-40 RTC Br. 6, Tacloban City)

-versusSPS. BIENVENIDO MOLLEDA and ZENAIDA MOLLEDA, Respondents. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

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