MAY 2 - MAY 8, 2021 8 TEMPEST....FROM P. 4


What I like about the way we’ve gone about the commemoration is the Filipino branding, away from the focus on the European, and giving a spotlight instead on local perspectives.


“The celebration espouses a Filipino-centric point of view of the first circumnavigation of the world, underscoring the magnanimity, compassion, and humanity of our ancestors in helping the starving crew of the first circumnavigators—the Armada de Maluco, a.k.a., the Magellan-Elcano expedition— that traversed the Pacific Ocean, and the courage and bravery of the warriors in Mactan that inspired the heroes and martyrs who founded the Filipino nation and the generations thereafter. / While Lapulapu and our ancestors in 1521 were not Filipinos, we, the Filipinos, are their descendants. Although they existed long before the birth of the Filipino nation in 1898, our pre-colonial ancestors are worthy of remembrance. Thus, we celebrate their ideals, sacrifices, struggles. They are the source of our inspiration. By assimilating them into our national imagination, we are rescuing them from oblivion and colonial prejudices.”


The NQC explains:


This focus on the local has earned plaudits. Kate Fullagar


and Kristie Patricia Flannery, historians at the Australian Catholic University, wrote a few days ago for The Conversation: “European history books celebrate the expedition as a three-year Spanish-led voyage, carrying 270 men on five ships. But Filipino commemorations remind audiences that Magellan died halfway through the expedition in the Philippines and that only one ship with just 18 survivors limped home to Seville. / In particular, Filipinos remember how Lapulapu, the datu of the island of Mactan, inspired a force of Indigenous warriors to defeat Magellan’s crew—and the Spanish threat to their sovereignty—on 27 April 1521.”


They continue: “The Filipino commemorations show what an Indigenous-centred government approach to imperial history in the Pacific can look like. They also sit in stark contrast to the exhibitions, reenactments and publications that marked the 250th anniversary of James Cook’s arrival in Australia and New Zealand in recent years.” On May 4, Negros


According to Pigafetta, Samar [written as Zamal] was the first land mass sighted by the explorers on the dawn of 16 March 1521, since their fleet’s departure from Guam on 9 March 1521.


disputed because according to William Allan Reed, ‘...so far there is no evidence that Negritos exist in Cebu, Bohol, Samar, and Leyte.’”


This was followed by either anchorage or pass-by in several points: Suluan, Homonhon, Gibusong, Hinunangan in Southern Leyte, Limasawa, Leyte, Canigao, Baybay, Gatighan, Ponson off Cebu, Poro, Ticobon, Cebu [Zzubu] where the first Christian baptism took place, and Mactan where Magellan died. They then fled to Bohol where the ship Concepcion was burned off the shore.


itself becomes part of that Quincentennial narrative. The island enters Spanish historical records, via expedition chronicler Antonio Pigafetta, as “Panilongon.”


Regional Trial Court of Negros Oriental 7th


Branch 42 Dumaguete City


Sheryl Suarez-Buo and David Koenigshofer, Plaintiffs -versus -


Heirs of Genaro Morte, namely: Diosdado Morte, Alberto Morte, Teofilo Morte, Anecito Morte, Gertrudes Morte, Rosita Morte, Inocencia Morte,Bernardita Morte, and Felipe Morte; heirs of Aquilino Ada, namely: Pedro Ada,


Villagrosia, Quintana Ada, Regaciana Ada, Artemia Ada, Fidela Ada, and Martina Ada; heirs of Dionesia Congjuico, namely: Dr. Vicente Congjuico, Dr. Josephine Congjuico, Dr. Nemesio Congjuico, Engr. Sylvio Congjuico, Engr. Jessie Congjuico, Rose Congjuico; and heirs of Florencia Lobrido, namely: Josephine Ada Lobrido, Noel Ada Lobrido, and Elizabeth Lobrido Chang, Defendants.


Brijida Ada, Francisco Ada, Gema


Civil Case No. 2016-15123 For:


of-Way with Preliminary Injunction with Prayer for a Temporary Restraining Order


Easement of Right-


Republic of the Philippines Judicial Region


From the NQC: “After the Concepcion was burned down, the remaining ships sailed in the southwest direction, toward Sulu Sea. According to Pigafetta, they followed the coastline of the Island of Panilongon and described the inhabitants to be ‘as black as the people of Ethiopia.’ Francisco Albo, one of the pilots, also referred to the island as Panilongon in his log and located it west of the Cape of Cebu [i.e., Santander, Cebu].Various scholars identified this place- name as the present-day Negros. The belief that Panilongon is Panglao, Bohol today has been


After passing by Panilongon, the rest of the expedi tion went to Kipit in Zamboanga del Norte, Mapun in Tawi- Tawi, Palawan, Tagusao, Balacbac, Cape Palawan, Sulu, Tagima [Basilan], Cawit, Subanin, Manalipa, Maguindanao [Cotabato], Benaian [Kamanga], Batulaki, Candighar [Balut], and finally Saragani, then on to the Moluccas.


FEATURE....FROM P. 7 our turn at the cash register, I told him I would go ahead to Watson’s to pick up a few things. His very protective answer? “No, Gwama, we can go together.”


I wondered what this kid was thinking…. Was he worried his Gwama could get lost in the mall?


I chuckled to myself because I remembered I had actually told him the same thing about 15 years ago when, as a little boy, he begged to go ahead to the toy store to “just look”.


In commemoration of that sighting and identification of Panilongon, the National Historical Commission of the Philippines, together with the City government of Dumaguete, will be unveiling a historical marker at the Rizal Boulevard on May 4. This is a much-needed


act of remembrance of an important point in our past, something not often told in the general narrative of our history. The 1521 arrival of the Spaniards to our island is part of a crucial turning point in our country’s destiny—for better or for worse. And recognizing this touch point makes us in Negros


X-------------------------------------------------------------/ SUMMONS BY PUBLICATION


After reviewing the record of this case, and the fact that the original Complaint had been subjected to several amendments with the inclusion of additional Defendants, and that evidence supports the fact that attempts to serve Summons to the following Defendants were futile as they could not be located despite the efforts exerted, the Court reconsiders its earlier Order, and allows the following Defendants to be served with Summons under the 5th Amended Complaint together with: Rose Congjuico, Gertrudes Morte, Rosita Morte, Inocencia Morte, Bernardita Morte, Felipe Morte, Francisco Ada, Gema Villagrosis, Fidela Ada, Martina Ada, Vicente Congjuico, Josephine Congjuico, Nemesio Congjuico, and Jessie Congjuico. So ordered.”


Temporary Restraining Order dated March 12, 2019 in the above-entitled case is quoted as follows:


follows that: 1. Plaintiff Sheryl Suarez-Buo is of legal age, widow, Filipino, and a resident of Maluay, Zamboanguita, Negros Oriental, while Plaintiff David Koenigshofer is also of legal age, single, U.S. citizen, and a resident of Maluay, Zamboanguita, Negros Oriental;


Plaintiffs, by Counsel unto the Honorable Court, most respectfully aver as


Fifth Amended Complaint with Application for Issuance of a Temporary Restraining Order


Whereas, the Fifth Amended Complaint with Application for Issuance of a


of this Court dated Dec. 17, 2020 which this Court considers as a Motion for Reconsideration. While it is correct that the Court denied the prayer to recall its Order dated Aug. 8, 2017, inasmuch as the said Order also declared certain Defendants in default, yet the Court is not insisting that the Plaintiffs comply with the publication of the said Order as it is no longer practicable, taking into account the succeeding amendments of the Complaint owing to the inclusion of additional Defendants.


Whereas on Feb. 17, 2021, this Court issued an Order which states: “This refers to the Motion of Clarification filed by the Plaintiffs on the Order


11. The only existing access towards the property of the Plaintiffs and the other properties beyond is an old dirt road from the national highway, passing through Lot No. 8264-A owned by Defendants-Heirs of Genaro Morte which is the entrance, then through Lot No. 8239-A owned by Aquilino Ada, and Lot 8238 co-owned by the heirs of Dionisia Congjuico, and heirs of Florencia Lobrido. Copies of the map showing the properties and the relative location of the dirt road is hereto attached as ANNEX “F” and ANNEX “G” hereof. The road is in red color; the property of Defendants- Heirs of Genaro Morte in blue color; the property of Defendants-Heirs of Aquilino Ada in yellow color; the property of Heirs Congjuico and Lobrido in purple color; and the property of the Plaintiffs in green color; 12. The dirt road has been in existence for over 93 years as is it being used by the three residents living beyond the property of the Plaintiff; 13. Several months back, Plaintiff started negotiations for a road right-of- way with Defendant Diosdado Morte and some heirs of Aquilino Ada. They are ready, willing, and able to put up the amount of P40,000.00 as payment for the use of the road right-of-way, a three-meter wide road; 14: However on June 9, 2016, Defendants-Heirs of Genaro Morte suddenly blockaded the access road on their property which was being used as the only ingress and egress, thereby effectively preventing the vehicle of the Plaintiffs as well as the others to pass. Photographs are hereto attached as ANNEX “H” and “I” hereof; 15. Because of the blockade caused by Defendants-Heirs of Genaro Morte, the Plaintiffs were forced to leave their vehicle along the national highway, and walk all the way towards their residence which is about 200 meters away from the national highway. Compounding their troubles, since the Plaintiffs have a piggery on their property, they have to literally carry 50 kilos of feeds from the national highway. The construction of a portion of the Plaintiff’s home was also halted because the vehicles containing the construction materials could not pass through. Their mango trees could not be sprayed because no vehicles could reach the Plaintiff’s land. The fruits are ruined, and the Plaintiffs lost income; 16. Plaintiffs also exerted effort to ask for passage from Defendants-Heirs of Aquilino Ada because of the fact that the access also passes through their property. Photographs are hereto attached as ANNEXES “J” and “K” hereof;


17. However, the letters sent by Plaintiffs’ counsel were left unanswered. Faithful reproduction of the letters are hereto attached as ANNEX “L”, “M”, “N” and “O” hereof;


18. Plaintiffs have negotiated earlier with the Heirs of Dionisia Congjuico who have given their express consent for the former to use the existing passage as long as they need it. The latter has graciously accommodated the Plaintiffs in the past for access of the Noreco line towards their property and the other properties beyond. They even gave Plaintiffs option to acquire Lot No. 8238.


“No, Ernst, we can go together,” I remember telling him then. I was truly worried that time he could get lost in the huge mall. As we were walking out


of the mall that day, I couldn’t help the tears from streaming down behind my face shield.


Oriental feel very much part of the tapestry of the history we probably once thought we were only a peripheral part of. The Panilongon episode of that fateful journey five hundred years ago is important, and commemorating it is crucial.


How? I guess it allows us to have a future with full knowledge of this historical episode. This marker becomes


Suite 1, 2nd


They were tears of joy. At that moment, I could just feel the overpowering sense of pride and joy at how Daphne and Caesar have raised my grandchildren, and how mature and responsible these children have become. After we lost their young Dad Caesar last year, it seems Ernst just instinctively stepped up to the role to become the “man of the house”, looking after and helping out his Mom, taking care of his siblings Robb and Tisha, and doting on his grandparents.


METROPOST


What pure joy it is to have grandchildren. Much more, what joy it is to have a grandson as loving and caring as Ernst. I thank the Lord for this blessing, as I thank Ernst for our time together. I will cherish that loving experience at the mall forever.


a vessel for future generations to understand where we came from, what we have become, and what we still strive to be. Because remembrance of


history is what truly equips us with how we can deal with destiny.


Only when we properly appreciate and acknowledge our history can we truly shape, for good, the destiny of our nation.


Respectfully submitted. 12 March 2019, Dumaguete City, Philippines.


rmlawfirm@gmail.com; rjam@mercado-partnerslaw.com By:


6th All issued in Dumaguete City, Philippines


All issued in Dumaguete City, Philippines MCLE-exempt


Roll No. 70642/June 4, 2018 *****


(SC Circular No. 04-94 and Sec. 5 Rule 7, 1997 Rules on Civil Procedure) Verification with Special Power of Attorney


Know all men these presents: We, Sheryl Suarez-Buo, of legal age, Filipino, widow; and David


Koenigshofer, of legal age, American, single; both residents of Maluay, Zamboanguita, Negros Oriental, on oath depose and say that: We are the Plaintiffs in the above-entitled Fifth Amended Complaint; that we have caused the preparation of the foregoing Amended Complaint through Counsel; that we have read all the allegations therein, and the same are true and correct based on our personal knowledge; We have not heretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any tribunal or agency of the government; To the best of our knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or different divisions thereof, or any tribunal or agency of the government; If we should learn thereafter that a similar action or proceeding has been


2. Defendants-Heirs of Genaro Morte, namely: Diosdado Morte, Alberto Morte, Teofisto Morte, Anecito Morte, Gertrudes Morte, Rosita Morte, Inocencia Morte, Bernardita Morte, and Felipe Morte are also of legal age, married, and residents of Maluay, Zamboanguita, Negros Oriental, where they may be served with Summons and other processes by this Honourable Court;


3. Defendants-Heirs of Aquilino Ada, namely: Pedro Ada, Francisco Ada, Quitana Ada, Artemia Ada, Fidela Ada, and Martina Ada are of legal age, married, and residents of Brgy, Basak, Zamboanguita, Negros Oriental; Defendant Brijida Ada is of legal age, married, and a resident of Brgy Maluay, Zamboanguita, Negros Oriental; Defendants Regaciana Ada and Gema Villagrosia are of legal age, married, and residents of Brgy Mag-abo, Zamboanguita, Negros Oriental. The said Defendants may be served with Summons and other processes of this Honourable Court in their afore-cited addresses; 4. Defendants-Heirs of Dionesia


namely: Dr. Vicente Congjuico, Dr. Josephine Congjuico, Dr. Nemesio Congjuico, Engr. Sylvio Congjuico, Engr. Jessie Congjuico, and Rose Congjuico are all of legal age, married, and residents of Brgy. Poblacion, Zamboanguita, Negros Oriental.


5. The Plaintiffs are common-law partners; 6. Plaintiff Sheryl Suarez-Buo is the owner of Lot No. 8270 located at Maluay, Zamboanguita, Negros Oriental. A faithful reproduction of Transfer Certificate of Title No. 103-2015000456 is hereto attached as ANNEX “A” and is made an integral part hereof; 7. The assessed value of Plaintiff’s property is P25,410.00. A faithful reproduction of the Tax Declaration is hereto attached as ANNEX “B” hereof;


Defendants-Heirs of Florencia Lobrido are at present residing at Luzuriaga St., Bacolod City, Negros Occidental. They may be served with Summons and other processes by this Honourable Court on their afore-cited address. Alternatively, Defendant Josephine Lobrido may also be served at her office address which is the Department of Agrarian Reform, Bacolod. The said Defendants are impleaded pursuant to Section 10, Rule 3 of the Revised Rules on Civil Procedure, considering that their consent could not be obtained to join as plaintiffs in the instant suit;


Congjuico (unwilling Co-Plaintiff),


19. Like the Plaintiffs, the Heirs of Dionisia Congjuico and the Heirs of Florencia Lobrido will stand to benefit from the suit because access to their property is also blocked by Defendants-Heirs of Genaro Morte. However, their consent to join in the action could not be obtained; 20. The properties of the Plaintiffs, as well as that of Defendants-Heirs of Dionisia Congjuico and the Heirs of Florencia Lobrido are surrounded by other immovables which have no adequate outlet towards the national highway, and as can be gleaned in ANNEXES “F” and “G” the access is at a point least prejudicial to the servient estate; 21. Defendants-Heirs of Genaro Morte are doing, threatening, or are about to do, or are procuring or suffering to be done the said act is in clear violation of the Plaintiffs’ right to use the permanent road right-of-way; 22. Plaintiffs are entitled by law to an adequate passage towards the national highway;


23. Defendants must be enjoined from closing the permanent road right-of- way;


24. Because of the conduct of Defendants-Heirs of Genaro Morte and Aquilino Ada in disregarding the rights of the Plaintiffs in a wanton and oppressive manner, they suffered local Social Humiliation, Moral Shock, Sleepless Nights, and Mental Anguish that they are entitled Moral Damages in the amount of P100,000.00; and for the protection of the public, an award of Exemplary Damages in the amount of P100,000.00.


25. To protect their rights, Plaintiffs are forced to seek judicial succor, therefore, they were constrained to engage the services of Counsel for an acceptance fee of P60,000.00, and appearance fee of P2,500.00 per scheduled hearing.


by way of Application for Issuance of a Temporary Restraining Order, aver as follows that:


29. The closure of the permanent easement will violate the rights of the Plaintiffs;


be rendered: 1) Immediately enjoining Defendants-Heirs of Genaro Morte from closing the access on Lot No. 8264-A;


8. Defendants-Heirs of Genaro Morte are co-owners of Lot No. 8264-A. A faithful reproduction of the Tax Declaration is hereto attached as ANNEX “C” hereof;


10. Defendants-Heirs of Dionesia Congjuico and heirs of Florencia Lobrido are co-owners of Lot No. 8238, the Lot having been passed on to Dionisia Congjuico and Florencia Lobrido by way of succession from Sixto Ada. A faithful reproduction of the Tax Declaration is hereto attached as ANNEX “E” hereof;


Wherefore premises considered, Plaintiffs respectfully pray that judgement Prayer


9. Defendants-Heirs of Aquilino Ada are co-owners of Lot No. 8239-A. A faithful reproduction of the Tax Declaration is hereto attached as ANNEX “D”;


2) After trial, making the Injunction above-mentioned permanent; 3) Directing Defendants-Heirs of Genaro Morte, Heirs of Aquilino Ada, Heirs of Dionisia Congjuico, and Heirs of Florencia Lobrido to open a three-meter-wide access as road Right-of-Way on their properties upon the payment of P40,000.00, or for such sum as may be determined by the Court;


4) Ordering the Defendants, except Defendants-Heirs of Dionisia Congjuico and Heirs of Florencia Lobrido to pay the Plaintiffs: a) P100,000.00 as Moral Damages; b) P100,000.00 as Exemplary Damages; c) Attorney’s fees of P60,000.00, and P2,500.00 appearance fees for each scheduled hearing; 5) Other relief deemed just and equitable are also prayed for.


Now therefore, you Defendants: Rose Congjuico, Gertrudes Morte, Rosita Morte, Inocencia Morte, Bernardita Morte, Felipe Morte, Francisco Ada, Gema Villagrosis, Fidela Ada, Martina Ada, Vicente Congjuico, Josephine Congjuico, Nemesio Congjuico, and Jessie Congjuico are hereby required to file with this Court, and serve on the Plaintiffs your answer to the above-quoted Fifth Amended Complaint with Application for Issuance of a Temporary Restraining Order within 60 calendar days from the date of the last publication of this Summons. If you fail to answer within the time aforesaid, the Court will hear the Plaintiffs’ evidence ex-parte, and render judgement accordingly. Witness the Hon. Marie Rose G. Inocando-Paras, Presiding Judge of this day of April 2021 in Dumaguete City, Philippines.


Court, this 16th


Ellen A. Calingacion Clerk of Court IV MetroPost 2021 May 2 • May 9 • May 16


26. Great or irreparable injury will be suffered by the Plaintiffs and those who have legitimate purpose to use the permanent easement before the matter can be heard on notice; 27. There is serious urgency that the Defendants be immediately ordered to Cease and Desist from closing the permanent easement as the continuance of the same will work injustice and irreparable damage to the Plaintiffs; 28. Plaintiffs are entitled to the relief demanded, that is to Immediately Stop the Defendants-Heirs of Genaro Morte from closing the passage on Lot No. 8264-A;


30. Plaintiffs are willing to pay such bond as may be directed by the Honorable Court.


Plaintiffs respectfully replead and incorporate for foregoing allegations, and Application for a Temporary Restraining Order


(sgd) Atty. Marvilie M. Serna PTR No. 2109166A/Jan. 3, 2019 IBP No. 067946/Jan. 10, 2019


and


(sgd) Atty. Raymund J.A. Mercado PTR No. 2109164/ Jan. 3, 2019 IBP Lifetime No. 01108


MCLE Compliance No. 630/Sept. 17, 2013 Roll No. 35548/April 28, 1989


Floor, RM Bldg., North National Highway cor. East Rovira Road Dumaguete City Tel. 225-5079, 422-7253


Mercado & Partners Law Firm For the Plaintiffs


filed, or is pending before the Supreme Court, the Court of Appeals or different divisions thereof, or any tribunal or agency of the government, we undertake to promptly inform the aforesaid Courts or agency of that fact within five days therefrom; For purposes of this case, we have authorized our Counsel, Atty. Raymund J.A. Mercado and/or any lawyer of Mercado & Partners Law Firm to: 1) Represent us in the Pre-Trial or Preliminary Conference in this case and such other cases related thereto, and thereafter to represent us in the Pre-Trial stage, and in all proceedings relative thereto, with the power to stipulate and allege facts, and with full power to enter into mediation, arbitration, or compromise agreement, with prior approval of the Plaintiffs, and to execute any document or agreement in accordance therewith;


2019 in Dumaguete City, Philippines. (sgd) Sheryl Suarez-Buo UMID No. 0111-1518477-1


Principal Affiant


------------------------------------- Republic of the Philippines City of Dumaguete) s.s.


Acknowledgement


Before me personally appeared the foregoing Principal Affiants who exhibited their competent evidence of identity as above-indicated. Known to and to me known to be the persons who executed the foregoing instruction, and they acknowledge to me that the same is their free act and deed. Witness my hand and seal on the date first above written.


Doc. No. 3 Page No. 2 Book No. 1


Series of 2019 2/F RM Bldg., Bantayan, Dumaguete City, Negros Oriental


Notary Public for the City of Dumaguete, the municipalites of Sibulan, Bacong,Valencia, Dauin, Zamboanguita, Siaton until Dec. 31, 2019 Notarial Commission No. 2018-067 Roll No. 70642/June 4, 2018 PTR No. 2109166A/Jan. 3, 2019 IBP No. 067946/Jan. 10, 2019 MCLE-exempt


Atty. Marvilie M. Serna


Hereby giving and granting unto our Attorney full power and authority as personally present, and granting upon him the power of substitution, and hereby affirming and confirming all that our Attorney or his substitute may lawfully do in and about the premises. In witness whereof, we hereunto affix our signatures this 12th


day of March


(sgd) David Koenigshofer Principal Affiant


LTO No. G02-15-001011


2) Do all things necessary and proper to accomplish the foregoing authorities.


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