HON. GERARD A. MOSQUERA
Deputy
Ombudsman for Luzon
Sir:
On October 8, 2015 my family was
thrown into confusion when the Writ of Execution against the undersigned was
carried out by Sheriff IV Maria Divina
C. Leyva, Office of the Clerk of
Court, RTC-Antipolo, together with the Plaintiff, the sham Palmera II Homeowners
Association, Inc. (PHAI), supposedly upon my personal properties but actually
owned by my daughter, Leilani P. Julio, who just transferred her residence from
Makati on April, 2015 and now living with us here at Palmera Hills II
Subdivision, Taytay, Rizal with her family, to wit;
1. One Flat TV Samsung 21 inch
2. Two speakers
3. One laptop HP computer
4. One glass center table
5. One wood center table
6. Two side tables
In her misleading dispositive portion of the writ of
execution, Sheriff Leyva “xxx-xxx in accordance with Rule 39, Sec. 18 of the Rules of Court in the Philippines,
the undersigned Sheriff IV will sell
at public auction to the highest bidder for CASH xxx-xxx on October 14,
2015 at 10:00 o’clock in the morning xxx-xxx.”
Sec. 18, Rule 39 of the Rules of Court states, no sale is
needed if judgment and costs paid. “At
any time before the sale of property on execution, the judgment obligor may
prevent the sale by paying the amount required by the execution and the costs
that have been incurred therein.”
The real intention of Sheriff Leyva's version of PRETEXT Writ of Execution, should the undersigned (judgment obligor) acceded to it, would signify that the undersigned accepts the legality of the sham PHAI.
However, the scheduled auction sale, without notice of sale in violation of Sec. 17 of the Rules of Court, was held on October 14, 2015 at 10:00 o’clock in the morning at the main entrance of Hall of Justice, Antipolo City in accordance with Sec. 19, Rule 39 of the Rules of Court, with my daughter, Leilani Julio, as the sole and winning bidder in the amount of P13,000.00. But until now, Sheriff Leyva refused to deliver the personal properties won by Leilani Julio from the auction sale.
However, the scheduled auction sale, without notice of sale in violation of Sec. 17 of the Rules of Court, was held on October 14, 2015 at 10:00 o’clock in the morning at the main entrance of Hall of Justice, Antipolo City in accordance with Sec. 19, Rule 39 of the Rules of Court, with my daughter, Leilani Julio, as the sole and winning bidder in the amount of P13,000.00. But until now, Sheriff Leyva refused to deliver the personal properties won by Leilani Julio from the auction sale.
Section 23, Rule 39 of the Rules of Court states: “When the
purchaser of any personal property, capable of manual delivery, pays the
purchase price, the officer making the sale must deliver the
property to the purchaser and, if desired, execute and deliver to him/her a Certificate
of Sale. The sale conveys to the purchaser all the rights which the
judgment obligor had in such property as of the date of the levy on execution
or preliminary attachment.”
All these carrot and stick coercion against
the undersigned by the sham PHAI is being manipulated by BALIKATAN, Inc. thru
its cunning lawyer cum subservient, Cliford
Equila, with Roll Number 42108, who was sacked as Clerk of Court of Manila
RTC Br. 33 under the then Judge
Rodolfo G. Palattao and was also a former Taytay Municipal Attorney during the
term of Mayor Joric Gacula.
The judgment against the undersigned by Taytay Municipal
Trial Court Judge Wifredo V. Timola,
re: Small Claims Case No. 2014-0078, was rendered without due process and thru
the persuasion of Atty. Equila. The undersigned never attended a hearing
because no actual hearing/s took place, re: small claims case. Two of the
defendants are dummies, particularly, Ruben Villeza and Rolando Agaid, who are panders
of Atty. Equila and former officers of the sham PHAI whom the undersigned had charged
for extortion and land grabbing case with the Prosecutors Office of Rizal but the
complaint was subsequently dismissed by Prosecutor Maria Ronatay on February
21, 2011.
The Small Claims Case No. 2014-0078 against the undersigned
and others filed with the MTC under Judge Timola by the plaintiff PHAI was
deceptive and only used as leverage or ‘bargaining chip’ to pressure the
undersigned to withdraw the civil charges he previously filed against the
plaintiff now pending with the Housing and Land Use Regulatory Board in HLURB
Case No. NCRHOA-051314-2035.
The PHAI, aside from being a sham and without juridical
personality in violation of Section 1(c), Rule 66 of the Rules of Court (Quo
Warranto) is also being used by Balikatan, Inc. as its factotum group of its
subservient lawyer Cliford Equila for extortion, land grabbing and double
selling activities a la Delfin Lee style, particularly in Rizal Province, which
is now under investigation by your Good Office.
On March 23, 2015, Leilani P. Julio filed criminal charges against
PHAI president Edgardo G. Leones and PHAI ladyguard Magdalena Villavito for
violations of Art. 172(1) of the Revised Penal Code and Section 11 of
Presidential Decree No. 1834 with the Rizal Provincial Prosecutors Office. The
respondents, without juridical personality, blocked the entry of Leilani
Julio’s household appliances at the subdivision’s entrance gate on April 26,
2015 when her family transferred to her parent’s house from Makati. The PHAI,
thru the influence of Atty. Equila would not permit the entry of household
appliances of Julio unless her father, Laoag Paras, pays his monthly dues in
the amount of P11,802.00 as reflected in Atty. Equila’s demand letter addressed
to Paras dated July 1, 2014.
On October 26, 2015, Leilani Julio received a registered mail
with a return card from Senior Assistant
Provincial Prosecutor Antonio Siatan, Jr. dismissing the two aforesaid
cases on August 26, 2015 and approved by Senior
Assistant Provincial Prosecutor
Arturo Camacho on September 17, 2015 thru the influence of Atty. Equila? If
so, the two prosecutors clearly committed grave abuse of discretion!
In view of the foregoing, the undersigned respectfully
submits the following documentary evidence, to wit;
1. Minutes of Auction Sale dated October
14, 2015, Office of the Clerk of Court, RTC-Antipolo.
2. Complaint Affidavit with annexes of
Leilani P.Julio with NS Docket Nos 01190 and 01191 dated March 23, 2015, Office
of the Provincial Prosecution of Rizal.
3. Counter Affidavit including annexes
of respondents Edgardo G.Leones and Magdalena
Villavito dated May 14, 2015.
4. Reply Affidavit plus annexes of
Leilani P.Julio dated May 14, 2015.
5. Resolution received thru registered
mail with return card on October 26, 2015 rendered by Rizal Prosecutor Antonio
Siatan dismissing cases NPS Docket No. XV-18m-INV-15C-01190 and 15C-01191.
6. Position Paper and Draft Decision,
HLURB Case No. NCRHOA-051314-2035 dated November 14, 2014 to include Complaint filed earlier with HLURB,
NCRHOA-051314-2035 on May 9, 2014 and Reply
subsequently filed on July 1, 2014.
7. Answer with Motion to Dismiss with
annexes by Respondents dated June 18, 2014 and Counter Affidavits also of
respondents Victoria Corpuz and Daisy Tolentino dated November 5, 2014.
IN WITNESS WHEREOF, I have hereunto set my hand this
___ day of ________________, 2015, at Taytay, Rizal.
LAOAG A. PARAS
Affiant
SUBSCRIBED
AND SWORN TO before me this ___
day of ______________, 2015, in Taytay, Rizal, affiant who personally appeared
and affixed his signature and exhibited before me as competent evidence od
identification his ______ with No. _____________ .
