Republic of the Philippines SECOND JUDICIAL REGION MUNICIPAL CIRCUIT TRIAL COURT Dupax del Norte, Dupax del

Sur-Alfonso Casteneda

EDGAR ROSARIO ET AL., Plaintiffs, Civil Case No. 510 FOR: FORCIBLE ENTRY

Versus EVELIO ALTURA, ET. AL., Defendants, V------------------------------------------------------v

MOTION TO QUASH AND SET ASIDE ALIAS WRIT OF DEMOLITION

Comes now, defendant by themselves and unto the Honorable Court, most respectfully submit the foregoing motion and allege: 1. That in the court order dated November 28, 2011 which was the basis of the Honorable Court in issuing the questionable Alias Writ of Demolition is very confusing. In the assailed order, Evilio Altura, et. al. are the plaintiffs while Edgar Rosario, et.al. , are defendants and the dispositive portion of the order, states, to wit; WHEREOF, premises considered the court hereby orders that an Alias Writ of Demolition is issued against herein defendants. In this connection therefore, it should had been the improvements erected by Edgar Rosario, et. al., to be demolish, if there was any, he breing the defendant mentioned in the above mentioned order of the Honorable Court. 2. That the Honorable Court mentioned in the questionable order dated November 11, 2011, that a hearing was conducted on October 21, 2011.

The truth of the matter is that, no hearing was ever conducted on the aforementioned date because the Honorable Judge was not around then, and so the Clerk of Court re-set the hearing supposedly on November 25, 2011 and so herein defendants just submitted their comments/ opposition to the motion for the issuance of Alias Writ of Demolition on October 21, 2011. Xerox copy of the said comments/opposition is hereunto attached as exhibit A and made part hereof; 3. That SCA 98 was indeed dismissed by the Regional Trial Court on August 16, 2010, however, a timely notice of appeal was filed which the Honorable Court preliminarily determined to be regular and sufficient in form and substance as mentioned in its order dated March 14, 2012. Xerox copy of the above mentioned order and the transmittaol letter of the whole record of the SCA 98 to the Court of Appeals, duly signed by Atty. Voltaire B. Garcia, Clerk of Court VI, are hereto attached as Exhibit B and C, respectively and made part hereof to proved that the case is still reading at the court of Appeals. WHEREFORE, premises considered it is most respectfully prayed to the Honorable Court that the ALIAS WRIT OF DEMOLITION, dates July 26, 2012, be QUASH and SET ASIDE. FURTHER pray for such other relief just and equitable to the premises. Dupax del Norte, Nueva Vizcaya, August 29, 2012. EVECIO ALTURA ESTELA BAGUIO ERNESTO BAGUIO ISABELO BALUT JOHNY VALDEZ HECTOR RODUTA CONRADO ARANCA SAMMY AGNE ROLANDO M. PABLO ESMENIA PUMARAS ARTTEMIO ALTURA CHAVIT BALUT AMBOY PADILLO MATEO BAAGA DOMINADOR SERVO JOSEPH VADIL