Republic of the Philippines

MUNICIPAL TRIAL COURT

12th Judicial Region
Branch 17
Kidapawan City, Cotabato

ARTURO SALCEDO AND CIVIL CASE NO. 397

ARTURO SALCEDO, JR.
Plaintiffs,
FOR: Specific Performance
-VS-
SPOUSES TEODORO BURAGAY AND SARAH
P. BURAGAY
Defendants.
x-------------------------------------------x

OPPOSITION TO THE WRIT OF POSSESSION

COMES NOW, the defendants, through the undersigned counsel and unto
this Honorable Court respectfully avers:

1. That the movant Minnie Salcedo Caisic has no right in demanding for
a writ of possession due to the following reasons:

a. Lot No. 17-B-2 A, situated at Barangay Sudapin, Kidapawan City containing

an area of 759 sq. m under TCT No. T5035 was already foreclosed by Rural
Bank of Mariano Marcos (formerly Rural Bank of Lambayong) and eventually
titled in the name of the latter under TCT No. 95135 on February 2, 1994.
Hereto attached the title marked as Annex “1”, the land title.

b. In 2018, a certain Warlito Delgado bought the same property through

Philippine Deposit Insurance Corporation (PDIC). Hereto attached and
marked as Annex “2”, the Deed of Sale;

c. Consequently, Warlito Delgado filed a case against Roxanne Buragay for

recovery of possession of the same property which is the subject of the
Motion for Issuance of the Writ of Possession. Hereto attached and marked
as Annex “C”, the Complaint;
 d. That a single property cannot be the subject of possession by two
individuals who had a vested rights and interests over the property unless
their right is clearly established under the law.

2. That Atty. Jorge D. Zerrudo is both the counsel in Civil Case

Number 397 for the Civil Case of Specific Performance and Civil
Case Number 2018-372 for Recovery of Possession. Thus, he has
personal knowledge that same property is claimed by different
individuals who are both his clients;

3. That in the interest of justice and fair play, this Honorable Court
my deny the Writ of Possession.

PRAYER
PREMISES CONSIDERED, it is most respectfully prayed before this
Honorable Court that the Motion for Writ of Possession be denied.

RESPECTFULLY SUBMITTED. City of Davao, ( Kidapawan City, Cotabato),

23 April 2020.

ATTY. GILDA S. MAHINAY, MA Econ.

Counsel for the defendants
PTR No. 2704741/January 6, 2020
IBP No. on process/ January 6,2020
Roll No. 70474
MCLE Compliance No. VI-0030042
Block 11, Lot 20, Dominica St., Solariega Plantacion, Talomo,
Davao City
09019-863-9226/ 0906-624-8650
“Every nation has a Messenger and when their Messenger
comes everything is decided between them justly. They are not
wronged.” (Surah Yunus, 47) 

With our conformity:

Atty. Jorge D. Zerrudo

Counsel for the Plaintiff
Door No. 4, ECZ Building
National Highway, Lanao
Kidapawan City