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Rogelio A. Jimenez, Et Al: Manifestation

1) The defendant filed this manifestation to adopt their previous opposition filed on January 18, 2022 as their position paper regarding the pending application for a preliminary injunction. 2) In their answer, the defendant alleged that the parties entered into an amicable settlement on November 19, 2021 that was certified by the barangay chairman, but one plaintiff later repudiated the settlement for personal reasons. 3) The defendant prays that the court denies the application for a preliminary injunction for lack of merit.

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185 views

Rogelio A. Jimenez, Et Al: Manifestation

1) The defendant filed this manifestation to adopt their previous opposition filed on January 18, 2022 as their position paper regarding the pending application for a preliminary injunction. 2) In their answer, the defendant alleged that the parties entered into an amicable settlement on November 19, 2021 that was certified by the barangay chairman, but one plaintiff later repudiated the settlement for personal reasons. 3) The defendant prays that the court denies the application for a preliminary injunction for lack of merit.

Uploaded by

Cyrus Calaya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

Republic of the Philippines


First Judicial Region
REGIONAL TRIAL COURT
Branch 5
_____________________

Rogelio A. Jimenez, et al
Plaintiff CIVIL NO. ___________

-versus- Mandatory Injunction with


TRO

_________________
Defendant/s
x---------- --x

MANIFESTATION
With utmost deference to the Honorable Court, defendant, by the
undersigned counsel most respectfully alleges that:

1. During the hearing on February 5, 2022, on the application for


issuance of a preliminary injunction, the Honorable Court gave the
parties opportunity to submit their Position Paper/Memoranda
anent the same to expound their respective position on the matter.
Hence, this pleading.

2. Previously, herein defendant has already submitted his


Comment/Opposition dated January 18, 2022 to the Plaintiff’s
application for issuance of a Temporary Restraining Order (TRO).
He cited therein the grounds why the said application for TRO
should be denied. The application for T.R.O. was however granted
by the Honorable Court.

3. Nonetheless, in support of the instant pleading, defendant hereby


most respectfully manifests that he is adopting the January 18, 2022
Comment/Opposition as his Position Paper/Memorandum on the
pending incident;

4. In addition, it is most respectfully reiterated that in his Answer


dated February 18, 2022, defendant alleged the following: x x x.

“On November 19, 2022, the parties finally entered into an


Amicable Settlement and was duly certified by the Lupon
Chairman/Barangay Chairman that the terms and conditions
set forth therein were freely and voluntarily, after all were
explained to the parties, entered and understood by the latter.
2

Unfortunately, thereafter, several third parties meddle or


interfere so much so that on November 28, 2022, THE
PLAINTIFF, surprisingly, made a 360-degree turn around
and now accordingly, repudiated the Amicable Settlement
entered by the parties on November 19, 2021. he indicated
“personal reason” as his ground;

However, as to the other plaintiff, Rowena, she did not


repudiate the said Amicable Settlement. The same is
therefore final and executory as against her.”

PRAYER
Wherefore, all the foregoing duly considered, it is most respectfully
prayed of the Honorable Court to DENY the application for a Writ of
Preliminary Injunction for lack of merit.

Other reliefs are likewise prayed for.

Respectfully submitted

January 18, 2022 at. ___________________, Philippines.

Atty. _________________

Notice

The Branch Clerk of Court


Regional Trial Court-____
_________________

Madame:

Please submit the foregoing pleading immediately upon receipt hereof


for the kind consideration and approval of the Honorable Court.

Thank you.

Atty. _____________

Copy furnished:

Atty. _____________
_____________________

Explanation
(Pursuant to the Rules of Court)
3

A copy of the foregoing motion was served upon the counsel for
the plaintiffs by registered mail due lack of material time and
personnel to effect personal service. Thank you.

______________

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