Case Under Temporary Restraining Order: Practice Court 1

PAMANTASAN NG LUNGSOD NG MAYNILA
COLLEGE OF LAW
INTRAMUROS, MANILA
A.Y. 2020-2021
PRACTICE COURT 1
CASE UNDER
TEMPORARY
RESTRAINING ORDER
SUBMITTED TO:
COMMISSIONER GINA F. CENIT-ESCOTO
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TABLE OF CONTENTS
PETITION FOR INJUNCTION WITH PRAYER FOR THE ISSUANCE OF
TEMPORARY RESTRAINING ORDER AND/OR WRIT OF PRELIMINARY
INJUNCTION ............................................................................................................... 3
ANNEX A ................................................................................................................ 14
ANNEX B ................................................................................................................ 22
ANNEX C ................................................................................................................ 24
ANNEX D ................................................................................................................ 26
ANNEX E ................................................................................................................ 27
ANNEX F ................................................................................................................ 31
MINUTES OF THE MEETING ........................................................................... 31
ATTENDANCE SHEET ...................................................................................... 33
ANNEX G................................................................................................................ 35
MINUTES OF THE MEETING ........................................................................... 35
ANNEX H................................................................................................................ 37
ANNEX I …………………………… .................................................................... 39
ANNEX J ................................................................................................................. 42
ANNEX K................................................................................................................ 45
SUMMONS ................................................................................................................. 50
SHERIFF’S RETURN ........................................................................................... 52
NOTICE OF HEARING ............................................................................................ 53
SHERIFF’S RETURN ........................................................................................... 55
ANSWER TO PETITION WITH SPECIAL AND AFFIRMATIVE DEFENSES . 57
ANNEX 1 ................................................................................................................. 62
MINUTES ................................................................................................................... 65
ORDER ........................................................................................................................ 67
RESOLUTION ............................................................................................................ 69
TRANSCRIPT ............................................................................................................. 74
SCRIPT …………………………………………………………………………….. 78
CONTRIBUTIONS ..................................................................................................... 86
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REPUBLIC OF THE PHILIPPINES
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch 105
HOMEOWNERS ASSOCIATION OF
PINKVIEW EXECUTIVE VILLAGE,
INC. (HAPEV), represented by Julia
Barretto,
Petitioner, Case No. R-QC-18-0420-CV
-versus- For: Petition for Injunction

with a prayer for the Issuance
of Temporary Restraining
Order and/or Writ of
SANGGUNIANG BARANGAY OF Preliminary Injunction
SAUYO, QUEZON CITY, represented by
HOWARD S. ONG IN HIS CAPACITY AS
PUNONG BARANGAY, and THE
MEMBERS OF SANGGUNIANG
BARANGAY,
Respondents.
x-------------------------------------x
PETITION FOR INJUNCTION WITH PRAYER FOR THE ISSUANCE OF

TEMPORARY RESTRAINING ORDER AND/OR
WRIT OF PRELIMINARY INJUNCTION
Petitioner HOMEOWNERS ASSOCIATION OF PINKVIEW

EXECUTIVE VILLAGE, INC. (“HAPEV” for brevity), represented by JULIA
BARRETTO, through its undersigned counsel and unto this Honorable Court,
respectfully submits this Petition for Injunction with a Prayer for the Issuance of
Temporary Restraining Order and/or Writ of Preliminary Injunction to immediately
stop the implementation of Barangay Ordinance No. 18-726 passed by the
Sangguniang Barangay of Sauyo, due to the great or irreparable injury that have been
or may be suffered by the Petitioner if such action is not granted.
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I.
NATURE OF PETITION
1. This is a Petition for Injunction with a Prayer for the Issuance of Temporary
Restraining Order and/or Writ of Preliminary Injunction.
2. The filing of this petition is premised on the right of the petitioner as

homeowners to restrain the Respondents from opening the gates of PINKVIEW
EXECUTIVE VILLAGE for the public due to the damage and possible further
damage that such action is causing and would cause further to the former.
II.
PARTIES
3. Petitioners HOMEOWNERS ASSOCIATION OF PINKVIEW

EXECUTIVE VILLAGE, INC. represented by JULIA BARRETTO, is an entity duly
organized and existing under Philippine Laws, with principal address at B1 L1 Jamaica
Street, Pinkview Executive Village, Brgy. Sauyo, Novaliches, District II, 1116 Quezon
City, Metro Manila, where summons, orders, notices, and processes of this Honorable
Court may be served. Hereto attached are the following:
[Annex A - The Articles of Incorporation]

[Annex B - Certificate of Registration]
[Annex C - General Information Sheet]
[Annex D – Subdivision Layout]
4. Respondent Sangguniang Barangay of Sauyo, represented by HOWARD

ONG as Punong Barangay, and the Members of Sangguniang Barangay, is a local
government unit duly organized and existing under Republic Act 7160 or the Local
Government Code, with principal address at Old Sauyo Road, Brgy. Sauyo, Area 10,
Novaliches, District II, 1116 Quezon City, Metro Manila, Philippines.
III.
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FACTS OF THE CASE
5. On October 18, 2018, the Sangguniang Barangay of Sauyo issued Barangay

Ordinance No. 18-726 entitled “AN ORDINANCE DIRECTING HOMEOWNERS
ASSOCIATION OF PINKVIEW EXECUTIVE VILLAGE TO OPEN WHITEFIELD
AND FORDHAM STREETS TO THE PUBLIC AND APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES,” attached hereto as Annex E. The
pertinent portions of which are as follows:
NOW, THEREFORE, BE IT ORDAINED, AS IT IS HEREBY

ORDAINED by the Sangguniang Barangay of Sauyo, Novaliches,
District II of Quezon City, in its regular session duly assembled that;
SECTION 1. TITLE - This ordinance shall be known as the “AN

ORDINANCE DIRECTING HOMEOWNERS ASSOCIATION OF
PINKVIEW EXECUTIVE VILLAGE TO OPEN WHITEFIELD AND
FORDHAM STREETS TO THE PUBLIC AND APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES.” (Ordinance No.
18-726)
SECTION 2. SCOPE COVERED IN THE PINKVIEW EXECUTIVE

VILLAGE – Gate 2 and Gate 3 shall be permanently open to the public
twenty-four (24) hours a day. The following streets shall be accessible to the
public:
1. Whitefield Street – Accessible to Brgys. Fairview and Sta. Lucia

2. Fordham Street – Accessible to Brgys. Bagbag, Talipapa, and San
Bartolome
3. Robertson Street- Only the portion connecting Whitefield and
Fordham Streets shall be opened to the public.
Entries to other streets through Whitefield and Fordham Streets shall be

restricted, provided that only homeowners and authorized person/s shall be
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allowed entry thereto subject to the regulatory measures imposed within the
village.
SECTION 3. MAINTENANCE OF PEACE AND ORDER - The

Barangay shall assign barangay tanod/s to assist in the control of traffic in
Gate 2 and Gate 3. Likewise, closed-circuit television (CCTV) shall be
installed along the entire area to be opened to the public.
SECTION 4. SPEED REGULATION - A speed limit of twenty (20)

kilometers per hour (kph) shall be observed inside the Pinkview Executive
Village, which shall be strictly enforced by the Barangay Tanods and
Pinkview Security.
SECTION 5. APPROPRIATION - The Sangguniang Barangay of

Barangay Sauyo shall appropriate for this ordinance the amount of THREE
HUNDRED FIFTY THOUSAND PESOS (Php 350,000.00) from its Annual
Budget. The fund shall be used exclusively for the maintenance and
installation of equipment necessary for the streets covered by this Ordinance.
SECTIONS 6. SEPARABILITY CLAUSE

If for whatever reason, any provision of this Ordinance is declared
unconstitutional or invalid, the other provisions hereof not so affected shall
continue in full force and effect.
SECTION 7. EFFECTIVITY CLAUSE

This ordinance shall take effect after three (3) weeks after its approval and
the posting of the full text of this ordinance in two (2) conspicuous places in
the barangay.
6. Upon the implementation of the Barangay Ordinance, petitioner have been

receiving various complaints from the residents, enumerating the damage and
inconvenience they have been experiencing, such as the following:
a. The security, peace and order, and privacy of the residents have been
disturbed.
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b. The road network and drainage system, not having been designed to
accommodate a large number of vehicles, have been damaged.
c. The use of and access to private utilities have been affected.
d. The environment has been affected.
7. The petitioner held emergency and special meetings to hear, address, and decide
on the filing of the instant case. Hereto attached are the following minutes and
resolution:
[Annex F – Minutes of the Emergency Meeting]

[Annex G – Minutes of the Special Meeting]
[Annex H – Board Resolution]
[Annex I – Secretary’s Certificate]
[Annex J – Pictures of Actual Damage]
IV. CAUSES OF ACTION
8. The village is equitably owned by the residents. People residing in Whitefield

Street and Fordham Street are equitable owners of the same, as stated in Article 2 of a
sample pro-forma deed of sale attached as Annex K hereto, to wit:
ART. 2. OWNERSHIP-
1. The roads and streets around the village are equitably owned by the
homeowners who are members of Homeowners Association of
Pinkview Village, Inc. (HAPEV). Any violation of their
proprietary rights can be a cause to file an action in the court.
2. The streets encompassed by the village are all private properties. As

such, the homeowners, as represented by HAPEV, have all the rights
to regulate the roads and open spaces within their territorial
jurisdiction, including but not limited to putting up roadblocks if
their right to the said properties will be violated.
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9. Opening the roads for public use is a violation of the residents’ rights to a safe,
peaceful, and healthful environment. The presence of outsiders and traffic enforcers in
the area will affect and interfere with the smooth travel of residents. Article 4.1(b)(c)
of the Deed of Sale provides:
4.1 The maintenance of peace and order in the residential area of Pinkview
Executive Village shall rest on the sole discretion of the HOMEOWNERS
ASSOCIATION OF PINKVIEW EXECUTIVE VILLAGE, INC.
(HAPEV). The Association has the duty to:
a. Regulate, control and limit the entry and exit to the village of
vehicles of the homeowners and/or duly authorized
representatives use only and guests to ensure their safety and
security from crimes, other forms of violence and disturbances;
b. Maintain environmental sustainability within the village. In no

case shall smoke-belching vehicles be allowed within the village.
Only tricycles registered with the homeowners shall be allowed
entry into the premises. Taxis, however, may be allowed to enter
the village upon leaving their valid Identification Card at the
guard house, which will be returned to them before they are
allowed to leave the village;
10. Problems like accidents caused by reckless driving, violation of village traffic
rules and road courtesy, and noise pollution will cause prejudice to the residents.
11. The homeowners acquired their properties using their hard-earned money for
their personal and residential purposes, hoping that the neighborhood would be safe and
free from public interference and disorder. They paid a great consideration for better
facilities, a safer environment, and a higher degree of peace, order, and security.
12. In the case of Abellana vs. Court of Appeals, G.R. No. 97039, April 4, 1992,
the Court held that “the road lots in a private subdivision are private property, hence, the
local government should first acquire them by donation, purchase, or expropriation, if
they are to be utilized as a public road.” In the present case, the Sangguniang Barangay
of Sauyo did not acquire any property in the village by any of the aforementioned means.
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13. Article 428 of the New Civil Code provides, "The owner has the right to enjoy
and dispose of a thing, without other limitations than those established by law." Being
registered owners of the private land, including its common area such as the roads, the
residents have the right to exercise control and dominion over their property.
14. Clearly, the Petitioner and its residents have every right to exercise and protect
their ownership and dominion over their respective properties.
V.
GROUNDS FOR THE ALLOWANCE OF THE INJUNCTION AND

ISSUANCE OF TEMPORARY RESTRAINING ORDER AND/OR WRIT OF
PRELIMINARY INJUNCTION
15. Petitioner repleads and adopts by reference the foregoing facts and arguments
in support of the prayer for preliminary injunction and/or temporary restraining order.
16. In the case of Salting vs. Velez, et al., G.R. No. 181930, January 10, 2011, the
Honorable Supreme Court reiterated the grounds and requisite for the issuance of
preliminary injunction and/or temporary restraining order, to wit:
Section 3, Rule 58 of the Rules of Court enumerates the grounds for

the issuance of preliminary injunction, viz.:
SEC. 3. Grounds for issuance of preliminary injunction. – A

preliminary injunction may be granted when it is established:
(a) That the applicant is entitled to the relief demanded, and the whole
or part of such relief consists in restraining the commission or
continuance of the act or acts complained of, or in requiring the
performance of an act or acts, either for a limited period or perpetually;
(b) That the commission, continuance or non-performance of the act

or acts complained of during the litigation would probably work
injustice to the applicant; or
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(c) That a party, court, agency or a person is doing, threatening, or is
attempting to do, or is procuring or suffering to be done, some act or
acts probably in violation of the rights of the applicant respecting the
subject of the action or proceeding, and tending to render the judgment
ineffectual.
17. As clearly explained in Ocampo v. Sison Vda. de Fernandez, G.R. No. 164529,
June 19, 2007:
To be entitled to the injunctive writ, the applicant must show that there
exists a right to be protected which is directly threatened by an act
sought to be enjoined. Furthermore, there must be a showing that the
invasion of the right is material and substantial and that there is an
urgent and paramount necessity for the writ to prevent serious damage.
The applicant’s right must be clear and unmistakable. In the absence of
a clear legal right, the issuance of the writ constitutes grave abuse of
discretion. Where the applicant’s right or title is doubtful or disputed,
injunction is not proper. The possibility of irreparable damage without
proof of an actual existing right is not a ground for injunction.
A clear and positive right especially calling for judicial protection must
be shown. Injunction is not a remedy to protect or enforce contingent,
abstract, or future rights; it will not issue to protect a right not in esse
and which may never arise, or to restrain an act which does not give
rise to a cause of action. There must exist an actual right. There must
be a patent showing by the applicant that there exists a right to be
protected and that the acts against which the writ is to be directed are
violative of said right.
18. The Salting case was once more reiterated in the recent case of PS Bank, et al.
vs. Senate Impeachment Court, G.R. No. 200238, February 9, 2012:
There are two requisites for the issuance of a preliminary injunction:
a. The right to be protected exists prima facie; and
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b. The acts sought to be enjoined are violative of that right. It must be
proven that the violation sought to be prevented would cause an
irreparable injustice.
19. In this instant Petition, the grounds for the issuance of a preliminary injunction
and/or temporary restraining order are all present. The Petitioner is entitled to the
issuance of a preliminary injunction and/or temporary restraining order against the
implementation of Barangay Ordinance No. 18-726, which was passed by the
Sangguniang Barangay of Sauyo.
20. If the impugned Barangay Ordinance is continuously implemented, the

Petitioner will continue to suffer great or irreparable injury because of the
following reasons:
1. When the residents bought their residential properties, they also paid
proportionately for the roads and the park in the subdivision and such
can be seen in their respective titles. They have therefore an existing
equity on these roads. To open the roads to public use is a violation of
the rights and interests of the homeowners to a secure, peaceful and
healthful environment.
2. By opening the said roads to the public, the safety and security of the
homeowners therein will be compromised as the criminal elements will
not be filtered out in any other part of the subdivision if the public will
gain access to Whitefield Street and Fordham Street.
3. The road network and drainage system inside the village are not
designed to withstand the entry of heavy volume of vehicles, especially
delivery vans and trucks. Thus, destruction of the roads and drainage
system will result.
4. The safety and health of the residents will be put at risk because of the
smoke emissions that will come from such heavy volumes of vehicles.
5. Finally, the opening of the subject streets will destroy the character of
the village. Homeowners have acquired their properties in private
subdivisions for one purpose; they want it to provide them privacy,
exclusivity and foremost of all, safety. Living in a subdivision has a
premium and such premium translates into a comparatively more
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expensive lot because of the safety, among others, that subdivision
lifestyle offers.
21. The two (2) requisites for the issuance of a preliminary injunction are also
present since pursuant to their respective titles, the homeowners have prima facie right
to the said road, since it is a private property, and the impugned Barangay Ordinance is
violative of such rights.
PRAYERS
IN VIEW OF THE FOREGOING, Petitioner respectfully prays for the

following:
1. The grant of the Petition;
2. That upon the filing of this Petition, a Writ of Preliminary Injunction

and/or Temporary Restraining Order be issued enjoining the implementation
of Barangay Ordinance No. 18-726;
3. And after notice and hearing, final injunction be made; and
4. Other reliefs just and equitable are likewise prayed for.
Respectfully submitted.
November 5, 2018.
Quezon City, Metro Manila
ATTY. CARLO P. BARANGTAY

Counsel for Petitioner
Unit 203, Soccoro Building
Regalado Avenue, Quezon City 1116
MCLE Compliance No. V.-0018955 January 10, 2018
PTR No. 7009884 Quezon City: 01/10/2018
IBP NO. 036103 Quezon City: 01/10/2018
Roll. No. 65581
Tell. No. (8) 734-8122
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REPUBLIC OF THE PHILIPPINES )
QUEZON CITY ) S.S.
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, JULIA BARRETTO, of legal age, Filipino citizen and with postal address at B1
L12 Fordham Street, Pinkview Executive Village Brgy. Sauyo, Novaliches, Quezon City, after
having been duly sworn in accordance with law, depose and state:
1. I am one of the Petitioners in the instant case;

2. I have caused the preparation of the instant Petition;
3. I have read and understood the contents of the same, and attest that the allegations
contained therein are true and correct of my own personal knowledge and/or based on
authentic records at hand;
4. The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the
cost of litigation;
5. The factual allegations therein have evidentiary support or, if specifically, so identified,
will likewise have evidentiary support after a reasonable opportunity for discovery;
6. I have not heretofore commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency, and to the best of my knowledge,
no such other action or claim is pending; and
7. If I should hereafter learn that the same of similar action or claim has been filed or is
pending. I shall report that fact within five (5) days therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November 2020
2018
at Quezon City, Metro Manila.
_______________________
JULIA BARRETTO
SUBSCRIBED and SWORN to before me this 5th day of November 2018 in Quezon
City, Metro Manila, affiant showing to me her Philippine Passport with no. P3283887A issued
on 05 June 2017 at DFA Manila City.
ATTY. DEMETRIO SANTIAGO

Notary Public and in Quezon City, Metro Manila
Until Dcember 31, 2018, Quezon City
PTR No. 7373465, 07-14-2019, Quezon City
Doc No. 20 IBP Lifetime Membership No.366757
Page No. 4 MCLE Compliance No. IV-003779 Exp. On Nov. 29, 2020
Book No. 10 Admin No. NP-170 (2018-2019)
Series of 2018
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HOUSING AND LAND USE REGULATORY BOARD
EXPANDED NATIONAL CAPITAL REGIONAL FIELD OFFICE
CERTIFIED CEROX COPY OF THE ORIGINAL
JAN 08 2018
EXHIBIT A BY: ZARRA JANE MARANAN

Annexes RECORDS OFFICER HOA
ANNEX A
AMENDED ARTICLES OF INCORPORATION
OF
HOMEOWNERS ASSOCIATION OF PINKVIEW EXECUTIVE VILLAGE
INC.,
KNOW ALL MEN BY THESE PRESENTS:

That we, the undersigned, all of legal age, Filipino citizens and residents of the
Philippines, have this day voluntarily associated ourselves for the purpose of forming
a non-stock, non-profit association under the laws of the Republic of the Philippines
particularly Section 2 (a) of Executive Order No. 535 and Section 26 and R. A. No.
8763;
AND WE HEREBY CERTIFY:
FIRST: That the name of said association

shall be HOMEOWNERS ASSOCIATION OF
PINKVIEW EXECUTIVE VILLAGE, INC.,;
SECOND: That the purposes for which said association are formed are as
follows:
1. To construct, manage, maintain and operate adequate facilities and services

for its members;
2. To initiate and organize socio-cultural projects and activities to awaken

community consciousness and belonging;
3. To promote, enhance and foster the development and improvement of the

quality of life of the members through livelihood projects and other economic activities;
4. To acquire, accept donations, purchase, own, hold, develop, lease,

mortgage, pledge, exchange, sell, transfer or otherwise invest, deal in or trade, in any
manner permitted by law and the rules and regulations of government regulatory or
licensing agencies, real and personal property of every kind and description, or any
interest therein, as may be necessary for the accomplishment of the purposes of the
association;
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5. To borrow and otherwise contract indebtedness and issue notes, bonds and
other evidence of indebtedness and to secure payment therefore by mortgage, pledge or
deed of trust, or through encumbrances on any and all of its then-owned or after-
acquired real or personal properties and assets as may be permitted by law;
6. To enter into, make, perform and carry out, or cancel and rescind contracts
of every kind and for any lawful purpose with any person, firm, association,
corporation, syndicate, domestic or foreign, or others;
7. To do and perform any other acts and things, and to have and exercise any
other powers, which may be necessary, convenient and appropriate to accomplish the
purpose for which the association is organized.
FOURTH: That the term for which the said Association is to exist is FIFTY
(50) YEARS from and after the date of its incorporation;
FIFTH: That the names, citizenship and residences of the incorporators of said
association are as follows:
NAME CITIZENSHIP RESIDENCE

B1 L12 Fordham Street, Pinkview Executive
Julia P. Village Brgy. Sauyo, Novaliches, Quezon
Barretto Filipino City
B18 L2 Paris Street, Pinkview Executive
Gerald F. Village Brgy. Sauyo, Novaliches, Quezon
Anderson Filipino City
B6L22 Charlieville Street, Pinkview
Gianne Denise Executive Village Brgy. Sauyo, Novaliches,
S. Lim Filipino Quezon City
B2 L23 Greystone Street, Pinkview
Rey Francis M. Executive Village Brgy. Sauyo, Novaliches,
Alipio Filipino Quezon City
B7 L1 Sparrow Street, Pinkview Executive
Pamela Marie Village Brgy. Sauyo, Novaliches, Quezon
O. De Villena Filipino City
Candace B17 L2 Harvard Street, Pinkview Executive
Coleen S. Village Brgy. Sauyo, Novaliches, Quezon
Torralba Filipino City
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B9 L21 Robertson Street, Pinkview
Mary Grace R. Executive Village Brgy. Sauyo, Novaliches,
Franco Filipino Quezon City
B7L13 Charlieville Street,Pinkview
John Lloyd E. Executive Village Brgy. Sauyo, Novaliches,
Cruz Filipino Quezon City
B4 L16 Sparrow Street, Pinkview Executive
Alex A. Village Brgy. Sauyo, Novaliches, Quezon
Gonzaga Filipino City
B1 L12 Robertson, Pinkview Executive
Kim Paolo P. Village Brgy. Sauyo, Novaliches, Quezon
Feliciano Filipino City
B3 L6 Paris Street, Pinkview Executive
Janine H. Village Brgy. Sauyo, Novaliches, Quezon
Berdin Filipino City
B9 L21 Greystone Street, Pinkview
Judy Ann S. Executive Village Brgy. Sauyo, Novaliches,
Agoncillo Filipino Quezon City
B15 L1 Harvard Street, Pinkview Executive
Kathrine L. Village Brgy. Sauyo, Novaliches, Quezon
Bernardo Filipino City
B1 L14 Fordham Street, Pinkview Executive
Nadine R. Village Brgy. Sauyo, Novaliches, Quezon
Lustre Filipino City
B9 L15 Robertson Street, Pinkview
Angelica T. Executive Village Brgy. Sauyo, Novaliches,
Panganiban Filipino Quezon City
SIXTH: That the number of directors of the association shall be

____SEVEN_____ (_7_) and the names, citizenship and residences of the directors of
said Association are as follows:
NAME CITIZENSHIP RESIDENCE

B1 L12 Fordham Street, Pinkview
Executive Village Brgy. Sauyo,
Julia P. Barretto Filipino Novaliches, Quezon City
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B18 L2 Paris Street, Pinkview
Executive Village Brgy. Sauyo,
Gerald F. Anderson Filipino Novaliches, Quezon City
B6L22 Charlieville Street,
Pinkview Executive Village Brgy.
Gianne Denise S. Lim Filipino Sauyo, Novaliches, Quezon City
B2 L23 Greystone Street,
Rey Francis M. Alipio Filipino Sauyo, Novaliches, Quezon City
B7 L1 Sparrow Street, Pinkview
Pamela Marie O. De Executive Village Brgy. Sauyo,
Villena Filipino Novaliches, Quezon City
B17 L2 Harvard Street, Pinkview
Candace Coleen S. Executive Village Brgy. Sauyo,
Torralba Filipino Novaliches, Quezon City
B9 L21 Robertson Street,
Mary Grace R. Franco Filipino Sauyo, Novaliches, Quezon City
SEVENTH: That the incorporators and directors (and officers) named herein,
are members of this association. Additional members may be admitted in accordance
with the By-Laws and whose names shall be submitted to the Housing and Land Use
Regulatory Board (HLURB) from time to time;
EIGHTH: That the association shall be maintained by fees, dues, assessments

or charges paid by its members and other income as the association may derive from
the pursuit of its livelihood and economic activities, as well as voluntary contributions,
donations or loans from persons, partnerships, corporations and other entities;
NINTH: That the initial operating capital of the

association is
FIFTEEN THOUSAND PESOS contributed by the following:
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NAME AMOUNT
ONE THOUSAND PESOS (P
Julia P. Barretto 1000.00)
Gerald F. Anderson 1000.00)
Gianne Denise S. Lim 1000.00)
Rey Francis M. Alipio 1000.00)
Pamela Marie O. De Villena 1000.00)
Candace Coleen S. Torralba 1000.00)
Mary Grace R. Franco 1000.00)
John Lloyd E. Cruz 1000.00)
Alex A. Gonzaga 1000.00)
Kim Paolo P. Feliciano 1000.00)
Janine H. Berdin 1000.00)
Judy Ann S. Agoncillo 1000.00)
Kathrine L. Bernardo 1000.00)
Nadine R. Lustre 1000.00)
Angelica T. Panganiban 1000.00)
TENTH: That ____Mary Grace R. Franco___ has been elected by the

members of the Board as Treasurer of the association to act as such until her successor
is duly elected and qualified in accordance with the By-Laws, and that as such
Treasurer, she has been authorized to receive for and in the name and for the benefit of
the association, all fees, contribution, income or donations paid or given by the
members or acquired from other entities/sources.
IN WITNESS WHEREOF, we, the incorporators, have hereunto set our hands
th
this 5 day of January 2018 at Quezon City, Philippines.
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_______Julia P. Barretto______ _____Mary Grace R. Franco_______
_____Gerald F. Anderson_____ ________John Lloyd E. Cruz______
______Rey Francis M. Alipio____ ______Alex A.Gonzaga_________
______Gianne Denise S. Lim_______ __Kim Paolo P. Feliciano_____
___Pamela Marie O. De Villena____ _____Kathrine L. Bernardo____
______Nadine R. Lustre_______ _____Angelica T. Panganiban_____
____Judy Ann S. Agoncillo______ ______Janine H. Berdin________
____Candace Coleen S. Torralba____
SIGNED IN THE PRESENCE OF:
____Beverly S. Paningbatan_____ ________Yhezel R. Cruz
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
QUEZON CITY ) S.S.
BEFORE ME, a Notary Public for and in Quezon City this 5th day of January
2018, personally appeared:
NAME ID ID NO. DATE OF

ISSUE
Julia P. Barretto PRC 0234567 09-24-2017
Gerald F. Anderson PRC 0910111 08-30-2017
Gianne Denise S. Lim PRC 0156818 03-14-2017
Rey Francis M. Driver’s NO4-10-021432 10-15-2016
Alipio License
Pamela Marie O. De PRC 0131415 11-22-2016
Villena
Candace Coleen S. PRC 0161718 11-04-2016
Torralba
Mary Grace R. PRC 0192021 04-14-2017
Franco
John Lloyd E. Cruz PRC 0222324 02-27-2016
Alex A. Gonzaga PRC 0252627 02-22-2017
Kim Paolo P. PRC 0282930 07-29-2017
Feliciano
Janine H. Berdin PRC 0313233 12-13-2017
Judy Ann S. PRC 0343536 06-15-2016
Agoncillo
Driver’s NO4-10-021567 11-23-2017
Kathrine L. Bernardo License
Driver’s NO5-13-013555 10-26-2017
Nadine R. Lustre License
Angelica T. Driver’s NO4-10-024355 11-28-2017
Panganiban License
known to me and to me known to be the same persons who executed the foregoing
Articles of Incorporation and who acknowledged to me that the same is their own free
and voluntary act and deed.
20
20
WITNESS MY HAND SEAL on the date and place first above-written.
NOTARY PUBLIC
Doc No. 36
Page No. 38
Atty. MARTIN R. VALENCIANO
Book No. 8 Notary Public and in Quezon City Metro Manila
Series No. 2018 Until December 31, 2018, Quezon City
IBP Lifetime Membership No. 355657
MCLE Compliance No. IV-003658 Exp. On Nov 28 2020
Admin No. NP-180 (2017-2018)
Book No. _________
Series No.__________
21
21
EXHIBIT B JAN 08 2018
ANNEX B BY: ZARRA JANE MARANAN

RECORDS OFFICER HOA
Republic of the Philippines

Office of the President
Housing and Urban Development Coordinating Council
Region EXPANDED NCR FIELD OFFICE
CERTIFICATE OF
REGISTRATION NO. 09751
TO WHOM THESE PRESENTS MAY COME, GREETINGS:
WHEREAS Articles of Incorporation and By-laws duly signed and acknowledged for
the organization of the
HOMEOWNERS ASSOCIATION OF PINKVIEW EXECUTIVE VILLAGE

INC.
(Name of Association)
Novaliches, Quezon City

(Address)
Under and in accordance with the provisions of the Corporation Code of the
Philippines, Batas Pambansa Blg. 68, approved on 01 May 1980, in relation to
Executive Order No. 535 dated 03 May 1979, and Republic Act No. 8763, dated 07
May 2000, were presented for filing in this Office on January 4, 2012 and a copy of
said Articles and By-Laws are hereto attached;
NOW, THEREFORE, by virtue of the powers and duties vested in me by law,

I do hereby certify that the said Articles of Incorporation and By-Laws were, after due
22
22
examination to determine whether they are in accordance with law, duly registered in
this Board on the 4th day of January, year 2012.
By Authority of the Board
000042
TIN No. (ASS’N.): ______________
O.R. No. : ______8057226__ ______JENNIER SEBELDIA______
Date : 01-04-2012 REGIONAL OFFICER
Amount Paid : __Php 1,320.00_
23
23
JAN 08 2018
EXHIBIT C
BY: ZARRA JANE MARANAN
RECORDS OFFICER HOA
ANNEX C
GENERAL INFORMATION SHEET

For the year 2018-2019
Name of Association: HOMEOWNERS ASSOCIATION OF PINKVIEW EXECUTIVE

VILLAGE, INC. INC.
HOA Address: PINKVIEW EXECUTIVE VILLAGE, BRGY. SAUYO, NOVALICHES,

DISTRICT II, 1116 QUEZON CITY, METRO MANILA, PHILIPPINES
Contact Number: 09234219123/934-4853
Board of Directors:
NAME RESIDENCE
Julia P. Barretto B1 L12 Fordham Street, Pinkview Executive Village Brgy. Sauyo, Novaliches, Quezon
City
Gerald F. Anderson B18 L2 Paris Street, Pinkview Executive Village Brgy. Sauyo, Novaliches, Quezon
City
Gianne Denise S. Lim B6L22 Charlieville Street, Pinkview Executive Village Brgy. Sauyo, Novaliches,
Quezon City
Rey Francis M. Alipio B2 L23 Greystone Street, Pinkview Executive Village Brgy. Sauyo, Novaliches,
Quezon City
Pamela Marie O. De B7 L1 Sparrow Street, Pinkview Executive Village Brgy. Sauyo, Novaliches, Quezon
Villena City
Candace Coleen S. B17 L2 Harvard Street, Pinkview Executive Village Brgy. Sauyo, Novaliches, Quezon
Torralba City
Mary Grace R. Franco B9 L21 Robertson Street, Pinkview Executive Village Brgy. Sauyo, Novaliches,
Quezon City
Officer of the Association:
NAME/POSITION RESIDENCE
Julia P. Barretto/President B1 L12 Fordham Street, Pinkview Executive Village Brgy. Sauyo, Novaliches,
Quezon City
Gerald F. Anderson/Vice- B18 L2 Paris Street, Pinkview Executive Village Brgy. Sauyo, Novaliches,
President Quezon City
Gianne Denise S. Lim/Acting B6L22 Charlieville Street, Pinkview Executive Village Brgy. Sauyo,
Secretary Novaliches, Quezon City
Rey Francis M. Alipio/Board of B2 L23 Greystone Street, Pinkview Executive Village Brgy. Sauyo, Novaliches,
Directors Quezon City
Pamela Marie O. De Villena/Board B7 L1 Sparrow Street, Pinkview Executive Village Brgy. Sauyo, Novaliches,
of Directors Quezon City
Candace Coleen S. Torralba/Board B17 L2 Harvard Street, Pinkview Executive Village Brgy. Sauyo, Novaliches,
of Directors Quezon City
Mary Grace R. Franco/Treasurer B9 L21 Robertson Street, Pinkview Executive Village Brgy. Sauyo, Novaliches,
Quezon City
Additional Members:
24
Beverly S. B17 L13 Riverdale Street, Pinkview Executive Village Brgy. Sauyo, Novaliches, Quezon City
Paningbatan
Yhezel R. B16 L21 Jamaica Street, Pinkview Executive Village Brgy. Sauyo, Novaliches, Quezon City
Cruz
HOUSING AND LAND USE

REGULATORY BOARD NCR
Certified Correct:
RECEIVED ______Gianne Denise S. Lim______
JAN 05 2018 Acting Secretary
By: ___________ Time:______
HOA Franchising Unit
SUBSRIBED AND SWORN to before me this 5th day of January 2018, affiant exhibiting to
me his/her (ID) PRC ID with no. 0156818_ issued on 14 MARCH 2017 at MORAYTA, MANILA.

Doc No. 37 Atty. MARTIN R. VALENCIANO

Notary Public and in Quezon City Metro Manila
Page No. 39 Until December 31, 2020, Quezon City
Book No. 8 PTR No. 7315565, 01-14-2019, Quezon City
Series No. 2018 IBP Lifetime Membership No. 355657
MCLE Compliance No. IV-003658 Exp. On Nov 28 2020
Admin No. NP-180 (2017-2018)
Book No. _________
Series No.__________
25
EXHIBIT D
ANNEX D
Subdivision Plan
GATE 2
WHITEFIELD ST
GATE 3
FORDHAM ST
ROBERTSON ST
26
EXHIBIT E
ANNEX E
Quezon City
BARANGAY SAUYO, NOVALICHES, DISTRICT 11
TANGGAPAN NG PUNONG BARANGAY
Ordinance No. 18-726
AN ORDINANCE DIRECTING HOMEOWNERS ASSOCIATION OF

FORDHAM STREETS TO THE PUBLIC AND APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
WHEREAS, Section 5, Article II of the 1987 Constitution mandates the promotion of

general welfare.
WHEREAS, the 1991 Local Government Code grants the Sangguniang Barangay, as
the legislative body of the Barangay, the power to enact ordinances as may be necessary
to discharge the responsibilities conferred upon it by law to promote the general welfare
of the inhabitants therein.
WHEREAS, the Sangguniang Barangay of Sauyo, Quezon City recognizes the
necessity to address the tolling and consuming issue on traffic around the vicinity of
Barangay Sauyo as well as to promote convenience among its residents.
WHEREAS, the Sangguniang Barangay recognizes its responsibility to uphold the
general welfare of its residents by means of enacting measures that will prevent further
accidents around the vicinity of Barangay Sauyo.
NOW, THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED by

the Sangguniang Barangay of Sauyo, Novaliches, District II of Quezon City, in its
regular session duly assembled that;
SECTION 1. TITLE - This ordinance shall be known as the “AN ORDINANCE
DIRECTING HOMEOWNERS ASSOCIATION OF PINKVIEW EXECUTIVE
VILLAGE TO OPEN WHITEFIELD AND FORDHAM STREETS TO THE PUBLIC
AND APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES”.
(Ordinance No. 18-726)
SECTION 2. SCOPE COVERED IN THE PINKVIEW EXECUTIVE VILLAGE

– Gate 2 and Gate 3 shall be permanently open to public twenty-four (24) hours a day.
The following streets shall be accessible to the public:
27
2. Fordham Street – Accessible to Brgys. Bagbag, Talipapa, and San Bartolome
3. Robertson Street- Only the portion connecting Whitefield and Fordham Streets
shall be opened to public.
Entries to other streets through Whitefield and Fordham Streets shall be restricted,
provided that only homeowners and authorized person/s shall be allowed entry thereto
subject to the regulatory measures imposed within the village.
SECTION 3. MAINTENANCE OF PEACE AND ORDER - The Barangay shall

assign barangay tanod/s to assist in the control of traffic in Gate 2 and Gate 3. Likewise,
closed-circuit television (CCTV) shall be installed along the entire area to be opened to
the public.
SECTION 4. SPEED REGULATION - A speed limit of twenty (20) kilometers per

hour (kph) shall be observed inside the Pinkview Executive Village, which shall be
strictly enforced by the Barangay Tanods and Pinkview Security.
SECTION 5. APPROPRIATION - The Sangguniang Barangay of Barangay Sauyo

shall appropriate for this ordinance the amount of THREE HUNDRED FIFTY
THOUSAND PESOS (Php 350,000.00) from its Annual Budget. The fund shall be used
exclusively for the maintenance and installation of equipment necessary for the streets
covered by this Ordinance.

If for whatever reason, any provision of this Ordinance is declared unconstitutional or
invalid, the other provisions hereof not so affected shall continue in full force and effect.

This ordinance shall take effect after three (3) weeks after its approval and the posting
of the full text of this ordinance in two (2) conspicuous places in the barangay.
ENACTED by the Sangguniang Barangay of Sauyo, in its regular session held on the
3rd day of September 2018.
Certified by:
ANALEEN D. ELIAS
Barangay Kalihim
28
Attested by:
MARLON P. PALMERE
Punong Barangay
Approved by:
KAGAWAD:
KATHLEEN C. PACUBASAS
CRISTINA R. GUINO-O
ANNA KARINA R. THE
MICHAEL JOHN C. BOLLOZOS
BIENVENIDO CASTRONUEVO JR.
CESAR MANIQUIZ
29
JOSE L. ROSAL
FERDINAND S. ANG
Punong SK
30
EXHIBIT F
ANNEX F
HOMEOWNERS ASSOCIATION OF PINKVIEW
EXECUTIVE VILLAGE INC.
Bgry. Sauyo, Novaliches, District II, 1116 Quezon City
Telefax No.: 934-4853
Email address: pinkviewexecutivevillage1900@gmail.com
MINUTES OF THE MEETING

Date of Meeting October 14, 2018
Time Started 10:07 AM
Time Ended 1:30 PM
Presiding Person Gerald F. Anderson
Attendees:
See separate attendance sheet (65 unit owners and residents)
AGENDA:
1 DISCUSSION OF THE CONTENTS OF THE ORDINANCE ISSUED BY THE
BARANGAY
2 OPEN FORUM
3 UPCOMING EVENT
Items Discussed:
1. DISCUSSION OF THE CONTENTS OF THE ORDINANCE ISSUED
BY THE BARANGAY:
♦ Opening of gates to the public:
a. Whitefield Street (Gate 2)
b. Fordham Street (Gate 3)
c. Robertson Street
♦ There will be assigned barangay tanods in the gates for security
♦ Speed limit for vehicles is 20 kilometers per hour inside the village
2. OPEN FORUM:
♦ CONCERNS DISCUSSED:
a. Validity of the ordinance
b. Exclusivity of the village
c. Road works and maintenance
d. Security and privacy matters
31
e. Environmental concerns
f. Individual complaints such as noise and air pollution, access to the
streets, damage to the streets and drainage system, garbage
disposal, and others
g. Concern in payment of fees
3. UPCOMING EVENT:
♦ Kids’ Halloween Party – October 31, 2018
------------------------- Nothing follows --------------------------
32
ATTENDANCE SHEET
33
34
EXHIBIT G
ANNEX G
HOMEOWNERS ASSOCIATION OF PINKVIEW

EXECUTIVE VILLAGE INC.
Bgry. Sauyo, Novaliches, District II, 1116 Quezon City
Telefax No.: 934-4853
Email address: pinkviewexecutivevillage1900@gmail.com
MINUTES OF THE MEETING
Date of Meeting October 28, 2018

Time Started 9:15 AM
Time Ended 11:30 AM
Presiding Person Julia Barretto
Attendees:
✔ Julia Barretto, President
✔ Gerald Anderson, Vice President
✔ Gianne Denise S. Lim, Acting Secretary
✔ Mary Grace R. Franco, Treasurer
✔ Rey Francis M. Alipio, Director
✔ Pamela Marie O. De Villena, Director
✔ Candace S. Torralba, Director
AGENDA:
ISSUES PURSUANT TO THE IMPLEMENTATION OF BARANGAY
1
ORDINANCE NO. 18-726
2 RESOLUTION/ACTION TO BE TAKEN
Items Discussed:
1. ISSUES ABOUT THE IMPLEMENTATION OF BARANGAY

ORDINANCE NO. 18-726:
♦ The home owners called for an emergency meeting with the Board of
Directors last October 28, 2018 to air their concerns about the
implementation of Barangay Ordinance No. 18-726. Among the salient
points discussed are:
a. Opening of the gates and access to the village’s roads violates the home
owners’ rights and interest to a secure and peaceful environment.
b. The subdivision is not designed to withstand vehicles like delivery vans
and trucks, and would only cause unnecessary traffic and vehicle noise
within the village.
c. The security is also compromised as non-resident and home owners are
allowed accessed to enter the subdivision.
35
d. The health of the residents is also endangered due to the smoke
emissions of the vehicles.
e. Opening to subdivision defeats the privacy and exclusivity of the
subdivision.
2. RESOLUTION:
♦ The Board of Directors deems it fit to immediately file appropriate legal
actions to question the validity of the barangay ordinance and prohibit its
continued implementation.
♦ Any legal action shall be initiated by the Homeowners Association of Pinkview
Executive Village (HAPEV), to be represented by its Board of Directors, Julia
Barretto, Gerald Anderson, Gianne Denise Lim, Rey Francis Alipio, Pamela
Marie De Villena, Candace Coleen Torralba, and Mary Grace Franco.
♦ All fees and expenses for any legal procedure shall be shouldered by the
Association’s Fund.
36
EXHIBIT H
ANNEX H

PINKVIEW EXECUTIVE VILLAGE INC.
BOARD RESOLUTION
(Resolution No. _32_, Series of 2018)
WE, the undersigned, as majority of the Board of Directors of

HOMEOWNERS ASSOCIATION OF PINKVIEW EXECUTIVE VILLAGE,
INC. a corporation duly organized, registered and existing under and by virtue of the
laws of the Republic of the Philippines, and with principal business address at B1 L1,
Jamaica Street, Pinkview Executie Village, Brgy. Sauyo, Novaliches, District II, 1116
Quezon City, Metro Manila, Philippines, hereby certify that a special meeting of the
Board of Directors held on 03 November 2018 during which a quorum was constituted,
the said Board unanimously passed, voted upon and approved the following resolution
which is now in full force and effect, to wit;
“RESOLVED, that the Board of Directors of the

Corporation hereby authorizes JULIA BARRETTO, on behalf
of HAPEV, to file a Petition for Preliminary
Injunction/Permanent Injunction with prayer for issuance of a
Temporary Restraining Order against the SANGGUNIANG
BARANGAY OF SAUYO in the Regional Trial Court of
Quezon City.”
The foregoing resolution was made in accordance with the records of the
Corporation and has not been amended, rescinded or revoked and is in full force and
effect as of the date hereof.
IN WITNESS WHEREOF, we have hereunto affixed our signatures on this 3rd

day of November 2018, in Quezon City.
JULIA P. BARRETTO GERALD F. ANDERSON

President Vice President
37
GIANNE DENISE S. LIM REY FRANCIS M. ALIPIO
Acting Secretary Director
PAMELA MARIE O. DE VILLENA CANDACE S. TORRALBA

Director Director
MARY GRACE R. FRANCO

Treasurer
CERTIFICATION
That the foregoing resolution is in accordance with the records of the

corporation in my possession and has not in any way been amended, rescinded or
revoked and is in full force and effect as of the date hereof.
GIANNE DENISE S. LIM

Acting Secretary
38
EXHIBIT I
REPUBLIC OF THE PHILIPPINES ) ANNEX I
QUEZON CITY ) S.S
SECRETARY’S CERTIFICATE
I, GIANNE DENISE S. LIM, of legal age, Filipino, married and with postal
address at B6 L22 Charlieville Street, Pinkview Executive Village, Brgy. Sauyo,
Novaliches, Quezon City do hereby certify that:
1. I am the acting secretary of the Board of Directors of HOMEOWNERS

(HAPEV), a corporation duly organized, registered and existing under and
by virtue of the laws of the Republic of the Philippines, and with principal
business address at B1 L1, Jamaica Street, Pinkview Executive Village,
Brgy. Sauyo, Novaliches, District II, 1116 Quezon City, Metro Manila,
Philippines, and as such, I have custody and possession of corporate books
and other records of corporation, including minutes of meetings of
Stockholders and Board of Directors of the corporation.
2. At the regular meeting of the stockholders of the corporation held on

November 19, 2017, in its principal place of business, at which meeting a
quorum was present and acting throughout, the following resolutions were
passed:
“RESOLVED, as it hereby resolved that the President of the

HOMEOWNERS ASSOCIATION OF PINKVIEW EXECUTIVE
VILLAGE, INC. (HAPEV) be authorized and empowered, as it hereby
authorized and empowered, to institute or defend, and represent the
Corporation in all legal proceedings in any administrative, civil and/or
39
criminal case in any court of competent jurisdiction, or any other
government tribunal or agency.
RESOLVED FURTHER, that the President of the HOMEOWNERS

(HAPEV) shall have the authority to file, verify, sign the appropriate
complaint or any initiatory pleading, execute the certificate of non-
forum shopping; to file, verify, sign the appropriate answer, counter-
affidavit or any responsive pleading; and file, verify, sign the
appropriate pleading, quitclaim, motion necessary for the institution,
prosecution, defense or termination of the administrative, civil or
criminal case;
RESOLVED FURTHER, that the President of the HOMEOWNERS

(HAPEV) shall have the power to appear at pre-trial, to offer, negotiate,
accept, decide or enter into such amicable settlement of the case as the
foregoing may consider fair, just and equitable, to enter into a stipulation
of facts, simplification of issues, necessity or desirability of amendments
to the pleadings, possibility of obtaining stipulations or admissions of
facts and of documents to avoid unnecessary proof, limitation of the
number of witnesses, advisability of a preliminary reference of issues to
a commissioner, propriety if rendering judgment on pleadings, or
summary judgment, or of dismissing the action should a valid ground
therefore be found to exist, advisability or necessity of suspending the
proceedings and such other matters as may aid in the prompt disposition
of action.
3. I hereby certify that the foregoing resolution has not been revoked,
amended, or otherwise modified, and remain valid and subsisting.
40
4. With legal authority from the Corporation, I caused the preparation of the
foregoing Certification to attest to the truth of the foregoing facts.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of this Corporation in Quezon City, Metro Manila, Philippines, on this 5th day of
November 2018.
GIANNE DENISE S. LIM

Acting Secretary
SUBSCRIBED and SWORN to before me this 5th day of November 2018 in

Quezon City, Metro Manila, affiant showing to me her PRC ID with no. 0156818 issued
on 14 March 2018 at PRC, Morayta, City of Manila.
ATTY. DEMETRIO SANTIAGO

Notary Public and in Quezon City, Metro
Manila
Until December 31, 2018, Quezon City
IBP Lifetime Membership No.366757
MCLE Compliance No. IV-003779 Exp. On
Feb. 19, 2018
Admin No. NP-170 (2018-2019)
Doc No. 21
Page No. 2
Book No. 10
Series of 2018
41
EXHIBIT I
ANNEX J
ACTAL PHOTOGRAPHS OF DAMAGES
1.
42
2.
43
3.
44
ANNEX K
EXHIBIT K
DEED OF ABSOLUTE SALE
This Deed of Absolute Sale is executed on 22 APRIL 2012 at STA. LUCIA EAST
GRAND MALL BUILDING 2, MARCOS HIGHWAY CORNER FELIX
AVENUE, CAINTA, RIZAL,
by and between:
ABC DEVELOPER, a domestic corporation duly organized and existing under and
by virtue of the laws of the Philippines, with principal office at STA. LUCIA EAST
GRAND MALL BUILDING 2, MARCOS HIGHWAY CORNER FELIX
AVENUE, CAINTA, RIZAL, as represented by its duly authorized agent JESUS
MORANTE, hereinafter referred to as “VENDOR”);
- and -
JULIA P. BARRETTO, Filipino, of legal age, with residence at BLOCK 12 LOT 7

EMERALD ST. CAINTA GREENPARK VILLAGE, BRGY. SAN ISIDRO CAINTA,
RIZAL, 1900, hereinafter referred to as “VENDEE”);
WITNESS THAT:
WHEREAS, VENDOR is the registered owner of a real property covered by TCT No.
11550, located at B1 L12 Fordham Street, Pinkview Executive Village Brgy. Sauyo,
Novaliches, Quezon City, consisting of more or less TWO HUNDRED FIFTY (250)
sq.m. (hereafter referred to as “the Property”), particularly described as follows:
TRANSFER CERTIFICATE OF TITLE NO. 11550
A parcel of land with TCT No. 11550 (Lot 3967-G-6, of the Subdivision plan, Psd-
07-062951, being portion of lot 3697-F, Psd-07-061347) situated in the Barangay
Sauyo, Quezon City. Bounded on the SW., along line 1-2 by Lot 3967 F-4; on the
NW., along line 2-3 by lot 3967-F-9 (Road 7.00 m wide), both of the subdivision
plan; on the NE, along line 3-4 by Lot 3965 Opon Cadastre; along line 4-5 by Lot
3967-F-8 of the subdivision plan; on the SE., along line 3-6 by 3965 Opon
Cadastre; along line 6-7, 7-1 by Lot 3967-F-7; Lot 3967-F-5 both of the subdivision
plan. Beginning at then point marked “1” on plan being S. 12 deg. 07’W from
BLLM No. 11, Opon Cadastre, thence N. 14 def. 53’ W., 19.29 m to point 2; thence
N. 74 deg. 13’E., 15.90 m to point 5; thence S. 32 deg. 33’W., 0.83 m to point of
beginning; containing an area of TWO HUNDRED FIFTY (250) SQUARE
METERES more or less, located inside Pinkview Executive Village Brgy. Sauyo,
Novaliches, Quezon City.
45
WHEREAS, VENDOR have offered to sell the Property to the VENDEE and the
latter is willing to buy said Property under the terms and conditions set herein;
ART. 1. NATURE - Pinkview Executive Village is exclusive, safe, and private.
ART. 2. OWNERSHIP-
1. The roads and streets around the village are equitably owned by the
homeowners who are members of Homeowners Association of
Pinkview Village Inc. (HAPEV). Any violation of their proprietary
rights can be a cause to file an action in the court.
2. The streets encompassed by the village are all private properties. As

such, the homeowners, as represented by HAPEV, have all the rights to
regulate the roads and open spaces within their territorial jurisdiction,
including but not limited to putting up road blocks if their right to the
said properties will be violated.
ART. 3. MEMBERSHIP AND USE OF AMENITIES- Only members in good

standing of HAPEV have the right to use all of the recreational facilities.
Rules on the Use of the Amenities:
1. Amenities and facilities are for the exclusive use and enjoyment of its residents or
lot owners, including long-term lessees as well as their guests, subject to certain
limitations. The amenities and facilities in the clubhouse are as follows:
a. Social Hall/Function Room
b. Adult and children’s swimming pools
c. Outdoor basketball court
d. Children’s playground
e. Pavilion / Tents
2. All amenities and recreational facilities areas are smoke-free zones.
3. Suspended and delinquent members are not allowed to avail of these facilities during
the period of their delinquency.
ART. 4. SAFETY AND SECURITY IN THE VILLAGE
4.1 The maintenance of peace and order in the residential area of Pinkview Executive
Village shall rest on the sole discretion of the HOMEOWNERS ASSOCIATION OF
PINKVIEW EXECUTIVE VILLAGE, INC. (HAPEV). The Association has the duty
to:
46
a. Uphold the exclusive character of the village, including those which are necessary
and incidental to the right to privacy of homeowners.
b. Regulate, control and limit the entry and exit to the village of vehicles of the
homeowners and/or duly authorized representatives use only and guests to
ensure their safety and security from crimes, other forms of violence and
disturbances;
c. Maintain environmental sustainability within the village. In no case shall smoke-

belching vehicles be allowed within the village. Only tricycles registered with the
homeowners shall be allowed entry into the premises. Taxis, however, may be
allowed to enter the village upon leaving their driver’s license at the guard house
which will be returned to them before they are allowed to leave the village; and
d. Maintain the roads and drainage system in the village

4.2 Village Car Stickers:
a. Stickers may be issued to owners, who are members of HAPEV, subject to

the payment of corresponding fee, for the purpose of regulating the use and
access to all roads within the village. A distinct sticker shall be issued by
HAPEV to tricycles and services or shuttles, subject to certain conditions.
The entry of a heavy vehicle is prohibited with the exception of trucks
weighing a maximum twenty (20) metric tons, whether loaded or unloaded,
provided that a prior consent was secured from HAPEV. The road network
inside the subdivision and drainage system is not designed to withstand
these vehicles.
b. Requirements for the issuance of car stickers
1. Submission of a duly accomplished application form and payment of

the appropriate fee for each vehicle.
2. Submission of copies of the vehicle’s Official Receipt (OR) and
Certificate of Registration (CR).
c. Only authorized representatives of HAPEV shall be responsible in affixing

the stickers on the windshields of vehicles.
d. HAPEV shall be free from any liability for any untoward incidents or
damages that may occur arising from or during the use of motor vehicles
and/or the use of village stickers within the village. The issuance of this
sticker does not carry any acceptance of liability on the part of HAPEV.
47
ART. 6. INSURANCE - HAPEV carries sufficient fire and property damage insurance
on the common area and equipment. Homeowners and/or lessees are required to carry
their own liability and property damage insurance covering their individual houses and
personal properties.
NOW THEREFORE, for and in consideration of the sum of Nine Million Pesos (Php
9,000,000.00) (hereafter referred to as “the Purchase Price”), and under the terms
herein set forth, VENDOR hereby SELLS, TRANSFERS and CONVEYS her title,
rights and interests in the Property unto VENDEE, free from liens and encumbrances
of any kind whatsoever.
The Parties agree that VENDEE shall pay the Purchase Price in the manner specified
below:
Two Million Pesos (Php 2, 000, 000.00) as downpayment (earnest money) and
Seven Million Pesos (Php 7, 000,000.00) upon signing of this instrument.
VENDEE undertakes to pay or cause to be paid, in a timely manner as mandated by

law, the Capital Gains Tax, Documentary Stamp Tax and such other taxes or fees
involved in this transaction.
The Parties warrant that their respective representatives herein are duly authorized to
sign for and in their behalf.
IN WITNESS WHEREOF, the PARTIES have set their hands on the date and place
first above-written.
JULIA P. BARRETO ABC DEVELOPER THRU

JUAN DELA CRUZ
VENDOR: VENDEE:
SIGNED IN THE PRESENCE OF:
_____________________ _______________________
RAVIEL D. TOLENTINO MA. SUSHIMIKA T. BALIO
48
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)

QUEZON CITY ) .SS
In Quezon City on 22 April 2012, personally appeared before me the following persons,
showing unto me an integrally complete instrument/document, consisting of four (4)
pages including this page, such persons being known to me personally or through valid
IDs as the same persons who executed the foregoing instrument, namely:
Name ID Type /No. Date & Place Issued

Julia P. Barreto Passport/EC7731830 DFA-ASEANA/18
May 2010
Juan Dela Cruz Passport/EC7731840 DFA-ASEANA/18
May 2010
Raviel D. Tolentino Passport/EC7731812 DFA-ASEANA/18
May 2011
Ma. Sushimika T. Balio Passport/EC7726924 DFA-MANILA/09
March 2010
and who represented to me that the above signatures were voluntarily affixed by them
for purposes stated in the instrument/document, and who further acknowledged before
me that they have executed the instrument/document as their free and voluntary act and
deed with authority to sign as representative.
WITNESS MY HAND AND SEAL on the date and place first above written.
NOTARY PUBLIC
Until December 31, 2012
3014 J. Pascual Street, Quezon City
IBP O.R No. 54321S December 10, 2000
Roll No. 12345/ MCLE No. S- 002468
PTR No. LP8700/1-02-2012
Appointment No. M-185
Doc. No. 45;

Page No. 33;
Book No.17;
Series of 2012
49
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 105, QUEZON CITY
INC., (HAPEV), represented by Julia Case No. R-QC-18-0420-CV
Barretto.
Petitione For: Petition for Injunction
r, with a prayer for the Issuance
-versus- of Temporary Restraining
Order and/or Writ of
SANGGUNIANG BARANGAY OF Preliminary Injunction
SAUYO, QUEZON CITY, HOWARD S.
ONG IN HIS CAPACITY AS PUNONG
BARANGAY and THE MEMBERS OF
SANGGUNIANG BARANGAY
Respondents.
X------------------------------ X
\\\\\\
SUMMONS
(Summary Procedure)
TO: ATTY. CARLO BARANGTAY Unit 203, Soccoro Building Regalado

Avenue,Quezon City 1116
HOWARD S. ONG Old Sauyo Road, Brgy. Sauyo, Area 10,

Novaliches, District II, 1116 Quezon
City
Pursuant to the Rules on Civil Procedure which shall apply in this case, you are
hereby required to enter your appearance in the above-entitled case and file an answer
to the complaint of the petitioner, which is hereto attached, and serve copies thereof to
the petitioner within ten (10) days after the service of this summons, exclusive of the
day of this service. If you fail to answer within the period aforesaid, the Court shall
render judgment against you as may be warranted by the facts alleged in the complaint
and grant petitioner the relief applied for.
50
WITNESS, the HON. MAR ELLEN USON, Presiding Judge of this Court,
this 8th day of November 2018.
JOSE CARLOS DELA LUNA

Branch Clerk of Court
Note:
Motion to Dismiss or to Quash for a Bill of Particulars and for Extension of
Time to File Answer will not be considered by the Court. They are prohibited pleadings
under Section 15, Art. 4 of the Rules on Summary Procedure.
51
PINKVIEW EXECUTIVE VILLAGE, INC.,
(HAPEV), represented by Julia Barretto
Petitioner, Case No. R-QC-18-0420-CV
For: Petition for Injunction with
-versus- a prayer for the Issuance of
Temporary Restraining Order
SANGGUNIANG BARANGAY OF and/or Writ of Preliminary
SAUYO, QUEZON CITY, HOWARD S. Injunction
Respondents,
X------------------------------ X
\\\\\\
SHERIFF’S RETURN
On November 12, 2018, the undersigned went to the principal office of

respondent SANGGUNIANG BARANGAY OF SAUYO, QUEZON CITY, as
represented by HOWARD S. ONG, at Old Sauyo Road, Brgy. Sauyo, Area 10,
Novaliches, District II, 1116 Quezon City to personally serve the copy of summons and
complaint against them.
The said respondent, thereafter, personally and willingly received the foregoing
court processes. As evidence of his acknowledgment and receipt thereof, he affixed his
signature on the original copy of summons.
“DULY SERVED. (Personally to SANGGUNIANG BARANGAY OF

SAUYO, QUEZON CITY as represented by HOWARD S. ONG)
WHEREFORE, the notice of hearing hereto attached is hereby returned to the

Honorable Court of origin for its record and information.
Quezon City.
November 13, 2018
JELL EFFIE WAJE

Sheriff – Branch 105
52
INC., (HAPEV), represented by Julia
Barretto Case No. R-QC-18-0420-CV
Petitioner,
-versus- For: Petition for Injunction
with a prayer for the Issuance
SANGGUNIANG BARANGAY OF of Temporary Restraining
SAUYO, QUEZON CITY, HOWARD S. Order and/or Writ of
ONG IN HIS CAPACITY AS PUNONG Preliminary Injunction
Respondents,
X------------------------------ X
\\\\\\
NOTICE OF HEARING
(Summary Hearing on issuance of
Temporary Restraining Order)
TO:
Unit 203, Soccoro Building Regalado
Avenue,Quezon City 1116
HOWARD S. ONG
Old Sauyo Road, Brgy. Sauyo, Area
10, Novaliches, District II, 1116 Quezon City
GREETINGS:
You are hereby notified that the hearing of the above-captioned case is set on
November 14, 2018 before this Court at 3rd floor, Bulwagan ng Katarungan, Quezon
City Hall Complex, Elliptical Road, Diliman, Quezon City.
Please be guided accordingly.
53
WITNESS, the HON. MAR ELLEN USON, Presiding Judge of this Court,
this 8th day of November 2018 at Quezon City.
JOSE CARLOS DELA LUNA

54
Petitioner,
Case No. R-QC-18-0420-CV
-versus- For: Petition for Injunction with

a prayer for the Issuance of
Respondents,
X------------------------------ X \\\\\\
SHERIFF’S RETURN
On November 12, 2018, the undersigned went to the principal office of

petitioner’s counsel at Unit 203, Soccoro Building Regalado Avenue, Quezon City,
1116 to personally serve the copy of Notice of Hearing.
On the even date, the undersigned went to respondent SANGGUNIANG

BARANGAY OF SAUYO at Old Sauyo Road, Brgy. Sauyo, Area 10, Novaliches,
District II, 1116 Quezon City, as represented by HOWARD S. ONG to personally serve
the same court process.
The said petitioner and respondent, thereafter, personally and willingly received
the foregoing court processes. As evidence of their acknowledgment and receipt
thereof, they affixed their signature on the original copy of summons.
“DULY SERVED. (Personally to ATTY. CARLO BARANGTAY, counsel for the

petitioner).
55
“DULY SERVED. (Personally to SANGGUNIANG BARANGAY OF SAUYO,
QUEZON CITY as represented by HOWARD S. ONG)
WHEREFORE, the original copy of summons hereto attached is hereby

returned to the Honorable Court of origin for its record and information.
Quezon City.
November 13, 2018
JELL EFFIE WAJE
Sheriff – Branch 105
56
National Capital Region
Petitioner,
-versus- For: Petition for Injunction with

a prayer for the Issuance of
Respondents,
X------------------------------ X \\\\\\
ANSWER TO PETITION WITH SPECIAL AND AFFIRMATIVE DEFENSES
COMES NOW, respondent, by counsel, and unto to this Honorable Court most
respectfully avers and states that:
ADMISSIONS AND DENIALS

1. Respondent admits allegations under Par. 1 of the Petition insofar as the
nature of the current case at bench;
2. Respondent denies allegation under Par. 2 of the Petition for it is without

any legal and factual basis and based on pure surmises and conjectures;
3. Respondent admits allegations under Pars. 3 and 4 of the Petition insofar as

the personal circumstances of both the petitioner and the respondent;
4. Respondent admits allegations set forth under Par. 5 of the Petition insofar
as the factual circumstances surrounding the enactment and existence of the
57
assailed Barangay Ordinance No. 18-726 (“Ordinance” for brevity), hereto
as Annex 1;
5. Respondent denies allegations set forth under Pars. 6;

6. Respondent admits allegations set forth under Par. 8 but with reservation as
to the authority of the petitioner to exercise absolute dominion over the
subject property.
7. Respondent denies allegations set forth under Pars. 9 and 10 for being
conclusions of facts;
AFFIRMATIVE DEFENSES
AUTHORITY GRANTED BY
THE LOCAL GOVERNMENT
CODE OF 1991
8. Respondent, as the duly elective official and the representative of the

electorate pursued a valid and lawful activity sanctioned by law under
Section 391 of the Republic Act No. 7160 or the Local Government Code
of 1991 which provides:
SECTION 391. Powers, Duties, and Functions. – (a) The

sangguniang barangay, as the legislative body of the barangay,
shall:
(1) Enact ordinances as may be necessary to discharge the
responsibilities conferred upon it by law or ordinance and to
promote the general welfare of the inhabitants therein;
x x x x.
9. Respondent, in the lawful exercise of its duties and functions duly vested by
law, conducted several stakeholders meeting and public consultations with
all concerned individuals prior to the passage of the assailed Ordinance, to
which members of the petitioner were invited;
10. During the aforesaid stakeholders meeting, respondent did not receive any
objection from all the participants, including those from the petitioner;
11. Respondent has the authority to impose regulations contained in the assailed
Ordinance pursuant to Sec. 21 of R.A. No. 7160, which categorically
provides:
58
SECTION 21. Closure and Opening of Roads. -
(a) A local government unit may, pursuant to an
ordinance, permanently or temporarily close or open any
local road, alley, park, or square falling within its
jurisdiction: Provided, however, that in case of permanent
closure, such ordinance must be approved by at least two-
thirds (2/3) of all the members of the sanggunian, and when
necessary, an adequate substitute for the public facility that
is subject to closure is provided.
x x x x.
SPECIAL DEFENSE/S
VALID EXERCISE OF
POLICE POWER
12. While the respondent admits that the subject property of the assailed
Ordinance is owned by the petitioner as its members and it was never
subjected to expropriation proceedings, still, the respondent has the
authority to regulate such usage of property, pursuant to its police power
under the 1991 Local Government Code;
13. In Southern Luzon Drug Corporation vs. DSWD, G.R. No. 199669, April
25, 2017 citing Didipio Earth-Savers’ Mutli-Purpose Association, Inc. vs.
Sec. Gozun, 520 Phil. 457, the Court held that in the exercise of police
power, property rights of private individuals are subjected to restraints and
burdens in order to secure the general comfort, health, and prosperity of the
State;
14. In OSG vs Ayala Land Inc, et al, G.R. No. 177056, September 18, 2009, the
Court held that police power is the power of promoting the public welfare
by restraining and regulating the use of liberty and property. It is usually
exerted in order to merely regulate the use and enjoyment of the property of
the owner. The power to regulate, however, does not include the power to
prohibit. A fortiori, the power to regulate does not include the power to
confiscate. Police power does not involve the taking or confiscation of
property, with the exception of a few cases where there is a necessity to
confiscate private property in order to destroy it for the purpose of protecting
peace and order and of promoting the general welfare; for instance, the
confiscation of an illegally possessed article, such as opium and firearms;
15. In Department of Education, Culture and Sports vs. San Diego, G.R. No.
89572, December 21, 1989, the Court cited the two (2) requisites for the
valid exercise of police power, to wit: (a) the interests of the public
59
generally, as distinguished from those of a particular class, require the
interference of the State, and (b) the means employed are reasonably
necessary to the attainment of the object sought to be accomplished and not
unduly oppressive upon individuals;
16. By reason of the permanent closure of certain roads brought about by the
construction of MRT 7, congestion of vehicles has become inevitable in the
surrounding areas which directly affect the residents of the barangay;
17. The paramount interests and general welfare of the general public has been
taken into consideration;
18. In order to protect the rights and interest of the homeowners of the
petitioner, the respondent has made necessary security details and increased
barangay personnel visibility to the subject property of the assailed
Ordinance;
19. The passage of the assailed Ordinance is to lessen traffic congestion around
the vicinity.
ISSUANCE OF A TEMPORARY
RESTRAINING ORDER AND/OR
PRELIMINARY INJUCTION
NOT WARRANTED
20. The respondent admits that there are certain rights that must be protected in
favor of the homeowners of the petitioner. However, in the interest of
greater necessity of the public, the respondent leaned towards the latter
without compromising the rights of the former;
21. There is no great or irreparable injury in the present case. Barangay

personnel visibility has been increased to ensure safety, peace and order of
the homeowners being affected by the assailed Ordinance;
22. With regard to the structural integrity of the road, the respondent will be
coordinating with appropriate authorities to re-develop and strengthen the
roads to be used under the assailed Ordinance. The respondent has also
appropriated funds to be used for the preservation of the subject property;
PRAYER
IN VIEW OF THE FOREGOING, respondent respectfully prays for

the DISMISSAL of the Petition.
60
Other reliefs equitable under the circumstance is likewise prayed.
Respectfully Submitted.
13 November 2018.
ATTY. MIERELL MANALAYSAY

Counsel for the Respondents
Until December 31, 2020
Unit 203, Soccoro Building Regalado Avenue, Quezon
City 1116
IBP O.R No. 54321S December 10, 2016
Roll No. 12565/ MCLE No. S- 002498
PTR No. LP8700/1-02-2018
Appointment No. M-185
Copy Furnished:
Counsel for the Petitioner
Unit 203, Soccoro Building
Regalado Avenue, Quezon City 1116
61
EXHIBIT 1
ANNEX 1
Quezon City
BARANGAY SAUYO, NOVALICHES, DISTRICT 11
TANGGAPAN NG PUNONG BARANGAY
Ordinance No. 18-726
AN ORDINANCE DIRECTING HOMEOWNERS ASSOCIATION OF

FORDHAM STREETS TO THE PUBLIC AND APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
WHEREAS, Section 5, Article II of the 1987 Constitution mandates the promotion of

general welfare.
WHEREAS, the 1991 Local Government Code grants the Sangguniang Barangay, as
the legislative body of the Barangay, the power to enact ordinances as may be necessary
to discharge the responsibilities conferred upon it by law to promote the general welfare
of the inhabitants therein.
WHEREAS, the Sangguniang Barangay of Sauyo, Quezon City recognizes the
necessity to address the tolling and consuming issue on traffic around the vicinity of
Barangay Sauyo as well as to promote convenience among its residents.
WHEREAS, the Sangguniang Barangay recognizes its responsibility to uphold the
general welfare of its residents by means of enacting measures that will prevent further
accidents around the vicinity of Barangay Sauyo.
NOW, THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED by

the Sangguniang Barangay of Sauyo, Novaliches, District II of Quezon City, in its
regular session duly assembled that;
SECTION 1. TITLE - This ordinance shall be known as the “AN ORDINANCE
DIRECTING HOMEOWNERS ASSOCIATION OF PINKVIEW EXECUTIVE
VILLAGE TO OPEN WHITEFIELD AND FORDHAM STREETS TO THE PUBLIC
AND APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES”.
(Ordinance No. 18-726)
SECTION 2. SCOPE COVERED IN THE PINKVIEW EXECUTIVE VILLAGE

– Gate 2 and Gate 3 shall be permanently open to public twenty-four (24) hours a day.
The following streets shall be accessible to the public:
62
2. Fordham Street – Accessible to Brgys. Bagbag, Talipapa, and San Bartolome
3. Robertson Street- Only the portion connecting Whitefield and Fordham Streets
shall be opened to public.
Entries to other streets through Whitefield and Fordham Streets shall be restricted,
provided that only homeowners and authorized person/s shall be allowed entry thereto
subject to the regulatory measures imposed within the village.
SECTION 3. MAINTENANCE OF PEACE AND ORDER - The Barangay shall
assign barangay tanod/s to assist in the control of traffic in Gate 2 and Gate 3. Likewise,
closed-circuit television (CCTV) shall be installed along the entire area to be opened to
the public.
SECTION 4. SPEED REGULATION - A speed limit of twenty (20) kilometers per
hour (kph) shall be observed inside the Pinkview Executive Village, which shall be
strictly enforced by the Barangay Tanods and Pinkview Security.
SECTION 5. APPROPRIATION - The Sangguniang Barangay of Barangay Sauyo
shall appropriate for this ordinance the amount of THREE HUNDRED FIFTY
THOUSAND PESOS (Php 350,000.00) from its Annual Budget. The fund shall be used
exclusively for the maintenance and installation of equipment necessary for the streets
covered by this Ordinance.

If for whatever reason, any provision of this Ordinance is declared unconstitutional or
invalid, the other provisions hereof not so affected shall continue in full force and effect.

This ordinance shall take effect after three (3) weeks after its approval and the posting
of the full text of this ordinance in two (2) conspicuous places in the barangay.
ENACTED by the Sangguniang Barangay of Sauyo, in its regular session held on the
3rd day of September 2018.
Certified by:
ANALEEN D. ELIAS
Barangay Kalihim
Attested by:
MARLON P. PALMERE
Punong Barangay
63
Approved by:
KAGAWAD:
KATHLEEN C. PACUBASAS
CRISTINA R. GUINO-O
ANNA KARINA R. THE
MICHAEL JOHN C. BOLLOZOS
BIENVENIDO CASTRONUEVO JR.
CESAR MANIQUIZ
JOSE L. ROSAL
FERDINAND S. ANG
Punong SK
64
MINUTES
65
66
PINKVIEW EXECUTIVE, INC., (HAPEV),
represented by Julia Barretto
Petitioner,
For: Petition for Injunction
with a prayer for the
-versus-
Issuance of Temporary
Restraining Order and/or
Writ of Preliminary
SANGGUNIANG BARANGAY OF SAUYO,
Injunction
QUEZON CITY, represented by HOWARD S.
BARANGAY, and The MEMBERS OF
Respondents,
\\\\\\
X--------------------------------------------------------X
ORDER
After the completion of the testimony of Hazel Velasquez, the witness for the
petitioner insofar as its application for issuance of temporary restraining order is
concerned, its counsel Atty. Mierell Manalaysay, offered for admission the following:
Exhibit “A” (The Articles of Incorporation)

Exhibit “B” (Certificate of Registration)
Exhibit “C” (General Information Sheet)
Exhibit “D” (Subdivision Layout)
Exhibit “E” (Barangay Ordinance No. 18-726)
Exhibit “F” (Minutes of the Emergency Meeting)
Exhibit “G” (Minutes of the Special Meeting)
Exhibit “H” (Board Resolution)
Exhibit “I” (Secretary’s Certificate)
Exhibit “J” (Pictures of Actual Damage)
Exhibit “K” (Pro-forma Deed of Absolute Sale)
67
There being no objection to the admission of petitioner's exhibits, the same are
hereby admitted as part of the petitioner's testimony insofar as its application for
issuance of temporary restraining order is concerned.
Thereafter, Atty. Carlo Barangtay rested the petitioner’s case in so far as its
application for TRO is concerned.
On the other hand, the respondent, according to Atty. Manalaysay, will no

longer present witness or documentary evidence to support their claim that the
petitioner is not entitled to the issuance of temporary restraining order except the
following:
Exhibit “1” (Brgy. Ordinance No. 18-726)
There being no opposition on the part of the petitioner, the respondent's exhibit
was admitted as part of the testimony of the respondent.
On the basis of foregoing, the plaintiff's application for the issuance of
temporary restraining order is now considered submitted for resolution.
The parties are notified of this Order through their respective counsels.
SO ORDERED.
Given in open court, dated November 14, 2018.
Hon. Mar Ellen Uson

Presiding Judge
68
PINKVIEW EXECUTIVE, INC.,
(HAPEV), represented by Julia Barretto.
Petitione Case No. R-QC-18-0420-CV
r, For: Petition for Injunction with
-versus- a prayer for the Issuance of
and/or Writ of Preliminary
SANGGUNIANG BARANGAY OF Injunction
SAUYO, QUEZON CITY, HOWARD S.
BARANGAY and The MEMBERS OF
Respondent \\\\\\
.
X------------------------------------------------------------ X
RESOLUTION
For the Court's resolution is the plaintiff's Application Temporary Restraining

Order incorporated in its Petition for Injunction filed on November 5, 2018.
Hearing thereon was set on November 14, 2018. On said date, this Court asked
counsel for petitioner whether they intend to present testimonial evidence. They
manifested that they will present their witness in the person of Julia Barreto. On same
date, petitioner’s witness concluded her testimony.
Thereafter, plaintiff’s counsel orally offered for admission in open Court

Exhibits “A” to “K”, with sub-markings, in support of their application for issuance of
TRO.
69
After taking into consideration the comment/opposition of the respondent’s
counsel, the Court granted the said offer and admitted petitioner’s Exhibits “A” to “K”.
During the hearing on November 14, 2018, counsel of respondent manifested

that they will no longer present a witness or any other documentary evidence except it
prayed for the admission of its Exhibits “1”, in support thereof, which was admitted by
the Court, to support their claim that the petitioners are not entitled to the issuance of
TRO.
Hence, petitioner’s application of TRO was deemed submitted for resolution.
It was gathered from the testimony of Julia Baretto that she is a homeowner and
represents Petitioner HOMEOWNERS ASSOCIATION OF PINKVIEW
EXECUTIVE VILLAGE, INC. (“HAPEV” for brevity), an entity duly organized and
existing under Philippine Laws, with principal address at B1 L1 Jamaica Street, Brgy.
Sauyo, Novaliches, District II, 1116 Quezon City, Metro Manila, where summons,
orders, notices, and processes of this Court may be served (Exhibit “A” – “D”).
Respondent Sangguniang Barangay of Sauyo, represented by HOWARD ONG

as Punong Barangay, is a local government unit duly organized and existing under
Republic Act 7160 or the Local Government Code, with principal address at Old Sauyo
Road, Brgy. Sauyo, Area 10, Novaliches, District II, 1116 Quezon City, Metro Manila,
Philippines.
On October 18, 2018, the Sangguniang Barangay of Sauyo issued Barangay

Ordinance No. 18-726 entitled “AN ORDINANCE DIRECTING HOMEOWNERS
ASSOCIATION OF PINKVIEW EXECUTIVE VILLAGE TO OPEN WHITEFIELD
AND FORDHAM STREETS TO THE PUBLIC AND APPROPRIATING FUNDS
THEREFOR,AND FOR OTHER PURPOSES,”
Upon the implementation of the Barangay Ordinance, petitioner have been

receiving various complaints from the residents, enumerating the damage and
inconvenience they have been experiencing, such as the following:
a. The security, peace and order, and privacy of the residents

have been disturbed.
70
b. The road network and drainage system, not having been
designed to accommodate a large number of vehicles, have been
damaged.
c. The use of and access to private utilities have been affected.
d. The environment has been affected.
The petitioner held emergency and special meetings to hear, address, and decide
on the filing of the instant case (Exhibits “F” to “J”).
According to witness, the village is equitably owned by the residents. People

residing in Whitefield Street and Fordham Street are equitable owners of the same, as
stated in Article 2 of a sample pro-forma deed of sale (Exhibit “I”); that opening the
roads for public use will be a violation of the residents’ rights to a safe, peaceful, and
healthful environment. The presence of outsiders and traffic enforcers in the area will
affect and interfere with the smooth travel of residents; that problems like accidents
caused by reckless driving, violation of village traffic rules and road courtesy, and noise
pollution will cause prejudice to the residents; that the homeowners acquired their
properties using their hard-earned money for their personal and residential purposes,
hoping that the neighborhood would be safe and free from public interference and
disorder. They paid a great consideration for better facilities, a safer environment, and
a higher degree of peace, order, and security.
The sole issue in this case is whether or not petitioner is entitled to the issuance
of temporary restraining order.
In the case of Brizuela v Dingle, G.R. No. 175371, April 30, 2008, citing
Philippine National Bank v Court of Appeal, 353 Phil. 473, 479 (1998), the Supreme
Court ruled that a writ of preliminary injunction and a temporary restraining order are
injunctive reliefs and preservative remedies for the protection of substantive rights and
interest. Essential for granting the injunctive relief is the existence of an urgent
necessity for the writ in order to prevent serious damage. Under Section 5, Rule 58 of
the Rules of Court, a TRO may be issued only if it appears from the facts shown by
affidavits or by the verified application that great or irreparable injury would result to
the applicant before the writ of preliminary injunction could be heard.
71
Further, in the case of Medina v City Sheriff of Manila, G.R. No. 113235, July
24, 1997, to be entitled to the injunctive writ, petitioners must show that (1) there exists
a clear and unmistakable right to be protected; (2) this right is directly threatened by an
act sought to be enjoined; (3) the invasion of the right is material and substantial; and
(4) there is an urgent and paramount necessity for the writ to prevent serious and
irreparable damage.
In this case, petitioners have established through their verified application for
Writ of Preliminary Injunction with a prayer for the issuance of Temporary Restraining
Order that there is a clear and unmistakable right to be protected. No more than the
Constitution itself provides that no person shall be deprived of life, liberty, or property
without due process of law. The opening of Gate 2 and Gate 3 of Pinkview Executive
Village, a private village, for public access by virtue of a Barangay ordinance, without
the homeowners’ consent, is a clear violation of the latter’s rights to lives, property,
and security. The presence of outsiders inside a private villagewill affect and interfere
with the peace, order, security, and smooth travel of residents within the area. All told,
great or irreparable injury would result to the applicant if the said Barangay Ordinance
continues to be effective.
WHEREFORE, taking into consideration the facts above discussed, a

TEMPORARY RESTRAINING ORDER is hereby issued directing the
Sangguniang Barangay of Sauyo of Quezon City as represented by Punong Barangay
Howard Ong to cease and desist from the implementation of Barangay Ordinance No.
18-726 or otherwise maintain the status quo until further Orders of this Court.
This Temporary Restraining Order shall be effective only for a period of twenty
(20) days from receipt of the parties. The Branch Sheriff is hereby directed to cause the
service and implementation of this order with dispatch.
Petitioners are required to post a bond in the amount of One Hundred

Thousand Pesos (P100,000.00) within five (5) days from notice, otherwise, the
Temporary Restraining Order herein issued shall be automatically lifted.
Accordingly, set the hearing for determining the propriety of issuance of a Writ
of Preliminary Injunction on November 29, 2018 at 10:00 in the morning.
72
Furnish copies of this Order to the parties and their respective counsels.
SO ORDERED.
November 23, 2018
Quezon City, Philippines
MAR ELLEN M. USON

Presiding Judge
73
QUEZON CITY, BRANCH 105
HOMEOWNERS ASSOCIATION
OF PINKVIEW EXECUTIVE
VILLAGE INC. (HAPEV), represented
by Julia Barretto,
Petitioner.
-versus- CIVIL CASE NO. R-

QC-18-0420-CV
SANGGUNIANG BARANGAY OF
SAUYO, QUEZON CITY,
represented by HOWARD S. ONG,
in his capacity as PUNONG
BARANGAY, and THE MEMBERS
OF SANGGUNIANG BARANGAY
Respondent.
x---------------------------------------x
TRANSCRIPT
Transcript of the stenographic notes taken down by the undersigned Court stenographer
during the hearing on the above-entitled case before the Hon. MAR ELLEN USON,
Presiding Judge, Regional Trial Court, National Capital Judicial Region, Branch 105,
located at the 33rd Floor, Quezon City Hall Bldg., Quezon City on November 20, 2018
at 8:30 o’clock in the morning.
________________
PRESENT:
Hon. MAR ELLEN USON
Presiding Judge
JOSE CARLOS D. DELA LUNA

XENA B. FACILO
Court Stenographer III
APPEARANCES:
Atty. CARLO BARANGTAY

Counsel for the Petitioner
74
Atty. MIERELL MANALAYSAY
Counsel for the Respondent
--------------------------------
COURT IN SESSION
--------------------------------
INTERPRETER:
Civil Case No. R-QC-18-0420-CV, Homeowners Association of
Pinkview Executive Village represented by Julia Barreto versus
Sangguniang Barangay of Sauyo, Quezon City, represented by
Howard S. Ong, in his capacity as Punong Barangay.
COURT:
Appearances?
ATTY. CARLO BARANGTAY:
Good morning, Your Honor, appearing as counsel for the

petitioner.
ATTY. MIERELL MANALAYSAY:
For respondent, Your Honor.
COURT:
Today’s setting is for the hearing on the petitioner’s
application for the issuance of temporary restraining order?
ATTY. BARANGTAY:
We are ready, Your Honor.
COURT:
Do you intend to present testimonial evidence?
ATTY. BARANGTAY:
:
Yes, Your Honor, we would like to present testimonial evidence
regarding the issue of the grave irreparable injury of the
enforcement of the ordinance in question against Petitioners. We
will present our testimonial evidence during the trial.
COURT:
So Atty. Manalaysay, what can you say to this?
ATTY. MANALAYSAY:
No, objections your honor.
75
COURT:
So, as far as the propriety of the issuance of the TRO, can we
say for the meantime that the rights of the Petitioner according
to their pleading is prejudiced? What can you say about this
Atty. Manalaysay?
ATTY. MANALAYSAY:
We don’t agree that the issuance of a TRO is proper. It is

expressly stated under the Local Government Code that
Respondent has the right to regulate such streets. Granting the
fact that Respondent has no right, Petitioner never presented any
proof that the Ordinance in question will prejudice them. In their
petition, the Petitioner merely cited numerous reasons on why it
is prejudicial to them, but they never presented any proof to it.
Granting again the fact that the Petitioner presented proof as to
the Grave Irreparable injury, it is within the power of the
Respondent to exercise police power. The regulation of the
streets is a public necessity.
COURT:
What can you say about this Atty. Barangtay?
ATTY. BARANGTAY
The Respondent’s contention is misplaced, Your Honor. Even

though that we haven’t presented proof as to the factual issue of
the grave irreparable injury that may be suffered by the
Petitioner, the rules provide that as long as the petition is verified
and the pleading shows facts entitling the applicant to the relief
demanded then a TRO may be issued. In our petition, we have
presented numerous reasons why the granting of the TRO
prejudices the clear and unmistakable right of the Petitioner.
COURT:
Any other comment Atty. Manalaysay?
ATTY. MANALAYSAY:
No, your honor.
COURT:
Well, that is it for now, counsels, wait for my order granting or

denying the TRO for the meantime.
76
ATTY. MANALAYSAY:
Yes, your honor
ATTY. BARANGTAY:
Yes, your honor.
-------------------------------------------
End of Session
-------------------------------------------
CERTIFICATION
THIS IS TO CERTIFY THAT the above transcript of my stenographic notes is

true and correct to the best of my knowledge and belief.
XENA B. FACILO
Court Stenographer III
77
SCRIPT
TRO
SCENE 1: BARANGAY
NARRATOR 1 (Monique): On September 3, 2018, the Sanggunian Barangay of

Sauyo enacted Ordinance No. 18-726. This ordinance seeks to open gate 2 and 3
of Pinkview Executive Village for 24 hours a day to ease the traffic in the nearby
roads. The ordinance also provides that Barangay Tanods, with the assistance of the
traffic police, will enforce this ordinance.
NARRATOR 1: SCENE 1, OFFICE OF PINKVIEW EXECUTIVE VILLAGE
HOWARD: Ms. Barretto, kayo po ang president ang homeowners association?
JULIA (GELINE):Yes, Kap. Bakit po?
HOWARD: Bigyan ko lang kayo ng kopya ng Brgy. Ordinance. Naka-post na rin ito
sa mga lugar kung saan mbabasa ng lahat. Ang ordinance na ito ay naglalayon at nag
uutos na bubuksan ng village na ito ang Gates 2 and 3 para sa publiko. Ito ay para
maiwasan ang trapiko sa lugar.
Paki-receive na lang po.
JULIA:(Angeline) Naku, Kap.tungkol saan itong ordinansa? Malaking gulo ito.

Private at executive village ito. Hindi papayag ang homeowners dito.
SCENE 2: VILLAGE
NARRATOR:
After a few days, the quiet and peaceful village became a noisy and busy street full of
vehicles and strangers that were passing by, causing the home owners to complain
(magchichismisan mga concerned residents dito)
CONCERNED RESIDENT 1: (Jelly) ANO BA YAN! DATI ANG TAHIMIK

LANG DITO SA VILLAGE NATIN! BAKIT ANG DAMI NG KOTSENG
DUMADAAN BIGLA? ANG INGAY INGAY PA, NAGCACAUSE PA YAN NG
POLLUTION, NAG AARAL PA NAMAN ANG MGA BATA, SASABIHIN KO ITO
SA HAPEV.
78
CONCERNED RESIDENT 2: (Rapz) Tama ka dyan mars nasisira na ang beauty rest
ko nagkaka wrinkles na ako dahil sa stress at noise pollution. I need to visit doctor belo
na tuloy stress talaga
Pati mga drainage system ng kalsada naapektuhan na. Yung mga kanal, nagkandasira
sira na ang dahil andaming dumadaan na sasakyan na di naman taga rito. May trucks at
delivery vans pa. Puro busina pa. Ingay ingay.
CONCERNED RESIDENT 3: (sushi) I agree sisz ang dami ng potholes sa roads

natin, in fact na flat nga yung Lamborghini ko mahal pa naman yung gulong noon.
Andami na ding basura sa mga vacant lot at sidewalks kasi dugyot mga passersby na
nagtatapon ng basura kung saan saan. Well-maintained ng maintenance team yan. Pero
ngayon madaming tinatapon na basura nahihirapan na din ang mga maintenance team
natin. Nakita ko noong isang araw sa bakanteng lote iniwan ang mga basura nila. Ang
baho baho na tuloy. Amoy na amoy samin.
CONCERNED RESIDENT 4: (Juil)
Grabe talaga, nawala na ang privacy at security dito sa atin.sana pala di na ako tumira
sa village ang mahal mahal ng bili ko sa house and lot ko pareho lang din pala ang
ingay sa normal na kalsada. Sayang lang din ang monthly dues natin to preserve the
peace and order in our village. Noong isang araw nawala ang bike ni Anna sa
kabilang street. Nakapasok kasi ang mga outsider. Tapos yung village pool, andaming
naliligo lagi na outsiders naman. Ano ba yan!? Magreklamo na tayo kay president
julia ng Association.
NARRATOR 1: When the concerned residents reported the matter to

HOMEOWNERS’ ASSOCIATION OF PINKVIEW EXECUTIVE VILLAGE
otherwise known as HAPEV. They held a meeting in which they discussed the
ordinance. Specifically, they discussed the enforcement of the ordinance and the
injury that may be inquired by the persons living in the village. They voiced out
their individual complaints and the inconvenience and damage the Ordinance has
brought upon them. In the end, they resolved that legal action must be taken to
prevent the Sangguanian Barangay of Sauyo from enforcing the act.
In the board resolution, they authorized Julia Barreto to represent the association.
This is accompanied by a secretary’s certificate issued by Gianne Denns Lim, the
acting secretary.
SCENE 3: At the LAW OFFICE OF ATTY. CARLO BARANGTAY
JULIA: Attorney, may coconsult lang ako sandali.
79
CARLO: Ano yun?
JULIA: Ganito kasi yun attorney, nagenact yung barangay namin ng ordinance kung
saan bubuksan yung gate ng village namin. Eh malinaw naman na private property
ung dadaanan ng mga kotse plus magcacause pa ito ng damage sa mga nakatira sa
village namin. May magagawa ba tayo attorney?
CARLO: Oo, meron, magfifile tayo ng Injunction and Temporary Restraining Order.
Yung ginawang ordinansa ng Barangay na yan ay nakakasira sa mga karapatan ng
mga taong nakatira sa village para tumira ng tahimik. Sige ako na bahala dito.
JULIA: Thank you Attorney. Paano po sila mapipigilan sa implementation? Ongoing

na po eh. Andami nang naabala at nagkaroon na ng damage. Eh pag mga kaso kaso,
matagal ho yan. Baka maging palengke na ang village namin.
CARLO: Pansamantala, habang dinidinig ang preliminary injuction, mag file muna
tayo ng TRO. Good for 20 days yun. Pag Nakita ng judge na magko-cause ang
ordinance ng great or irreparable injury sa inyo, iga-grant niya yun. Pero kailangan din
natin mag-post ng bond.
JULIA: Paano po mapapatunayan ang great or irreparable injury? Ano ho yun?
CARLO: Pag sinabing irreparable, hindi siya measurable o quantifiable. It must be

grave. Yan yung resulta ng implementation ng ordinance. Ano po ba ang mga damage
na naincurr ninyo sa inyo? Kailangan natin ng evidence na magpapatunay niyan.
JULIA: Naku, attorney. Madaming residente ang nagreklamo. Nasira ang mga kanal,
may nanakawan, tinambakan ng basura ang bakanteng lote, ang ingay ng mga
dumadaang sasakyan na di naman taga rito. 24 hours open po ang gates. Wala na
kaming privacy at exclusivity. Eh pinaghirapan naming bilhin ang mga lupa at bahay
dito.
Yung Gates 2 and 3 talaga namin laging sarado yun. Binuksan nila. Na-obliga tuloy
kaming magdagdag ng mga gwardiya para bantayan ang gates. Gastos din yun. 24
hours ba naman open eh.
CARLO: Grabe talaga ang damage na ginawa. Sige po. Bigyan niyo ako ng pictures
at affidavits ng witnesses na magpapatunay niyan. Bigyan mo ako ng copy ng
ordinance, board reso, sec cert, tsaka kung ano man meron ka. Kailangan certified ng
Secretary nyo na you will represent HAPEV in filing the case.
JULIA: Sige po Attorney. Urgent na po ito dahil pag di ito na-TRO, mas malaking
abala at gulo pa ang mangyayari. Ano pa po ang kailangan?
80
CARLO: Kailangan may main action tayo. The court will not issue a TRO motu
proprio. Kailangan may application tayo.
NARRATOR 2 (Pauline): On November 5, 2018, Atty. Carlo filed a Petition for

Injunction before the Regional Trial Court of Quezon City. The notice, together with
a copy of the petition and the summons, were contemporaneously served upon the
respondent, Howard. In the presence of the parties, the case was raffled to Branch
105 before the Honorable Mar Ellen Uson. Respondent brgy chairman Howard ong
filed an answer and the case was set for hearing on November 14, 2018.
SCENE 4, BRANCH 105, REGIONAL TRIAL COURT
J: All rise for the Hon. Mar Ellen Uson, presiding. Lets pray the ecumenical prayer.
(SKIP the actual prayer.)
ELLEN: Call the cases for hearing
JC: Civil Case No. 18-0420, Homeowners Association of Pinkview Executive Village
represented by Julia Barreto versus Sangguniang Barangay of Sauyo, Quezon City,
represented by Howard S. Ong, in his capacity as PunongBarangay.
ELLEN: Appearances?
ATTY. CARLO BARANGTAY: Good morning, Your Honor. I am Atty. Carlo

Barangtay, appearing as counsel for the petitioner.
ATTY. MIERELL MANALAYSAY: I am Atty. Mierell Manalaysay appearing for

respondent, Your Honor.
ELLEN: Today’s setting is for the hearing on the petitioner’s application for the
issuance of temporary restraining order. Are the parties ready?
ATTY. BARANGTAY: We are ready, Your Honor.
Atty. ML: Yes, Your Honor.
ELLEN: Do you intend to present testimonial evidence?
ATTY. BARANGTAY: Yes, Your Honor, we would like to offer the testimonial
evidence regarding the issue of the great or irreparable injury of the enforcement of the
ordinance in question against the Respondent.
ELLEN: Do you have your witness?
Barangtay: Yes, your Honor.
81
Ellen: Okay.
Barangtay: We call to the witness stand our witness Ms. Hazel Velasquez.
Interpreter (Jess): Please raise your right hand. Do you swear to tell the truth, nothing
but the whole truth in this proceeding?
Hazel: Yes I do.
Interpreter: Please state your name and other personal Circumstances for record
purposes
Hazel: I am Hazel Velasquez, a resident/owner of Pinkview Executive Village.
Interpreter: Your witness, Atty Barangtay.
Barangtay:The testimony of Ms. Hazel to prove the following:
Prove irreparable damage/ in essence, PROVE THE CAUSE OF ACTION
May I proceed your honor?
Equitable ownership over the subject roads and streets
Ellen: Proceed.
Barangtay: Ms. Hazel, how are you connected with the petitioner?
Hazel: I am one of the residents/homeowners of Pinkview Executive Village. I’ve been

living there since 2000. HAPEV is our homeowners association.
Barangtay: What is your proof that this HAPEV exists?
Hazel: There are the Articles of inc and Certificate of Registration. With the General
Information Sheet and our subdivision layout.
Barangtay: If a copy of the articles and registration would be shown to you, would you
be able to identify the same?
Hazel: Yes.
Barangtay: Your honor may I request that the articles and registration and general
information sheet be marked as EXHIBITS “A,” “B,” “C,” and “D”,
respectively.
Ellen: Mark them.
Barangtay: Why did the petitioner file the instant petition?
Haze: Because of the barangay ordinance issued by the Sanggunian of Barangay

Sauyo.
82
Barangtay: What about this ordinance?
Hazel: It is causing inconvenience and damage to homeowners. As residents, we have

been suffering from the bad effects of the implementation of the ordinance. I myself
experienced these.
Barangtay: If a certified copy of the ordinance will be shown to you, would you be
able to identify the same?
Hazel:
Yes.
Barangtay: Your honor may I request that the copy of the assailed Ordinance be
marked as “Exhibit E.”
Ellen: MARK as Exhibit D.
Barangtay: What did the petitioner do because of these “bad effects”?
Hazel: Our association held an emergency meeting. Afterwards, it held a special

meeting called for the purpose of filing.
Barangtay: What evidence do you have to prove these meetings?
Hazel: We have the minutes of the meetings. I myself attended these meetings.
Barangtay: Your honor may I request that the copy of the minutes of the said meetings
be marked as Exhibit “F” and “G.”
Ellen: Marked them.
Barangtay: What happened after those meetings?
Hazel: Hapev issued a Board Resolution to file a case against the barangay.
Barangtay: Your honor may I request that the copy of the Board Resolution be marked
as Exhibit “H.”
Ellen: Mark it.
Barangtay: What happened after that?
Hazel:
The Secretary, Ms. Lim, issued a SECRETARY’s certificate.
Barangtay:
83
Your honor may I request that the copy of the Board Resolution be marked as Exhibit
“I.”
Ellen:
Mark it.
Barangtay:
What else if any can you tell us to prove that there is injury being caused?
Hazel: Sir, I have here pictures of damages. Sa tapat mismo ng bahay namin yan.
Barangtay: Your honor may I request that the copy of the pictures be marked as Exhibit
“J.”
Here are the pictures, your Honor.
Ellen: Show the pictures. Mark them.
(share screen the pictures)
Barangtay:How can you prove ownership of the lots in the village?
Hazel: Each one of us in the village has a Deed of absolute sale.
Barangtay: Anything else?
Hazel: None
Barangtay: Your honor we offer the following pieces of evidence insofar as its
application for issuance of temporary restraining order is concerned
Ellen: Do you have objections atty. Manalaysay?
Manalaysay: None your honor.
Ellen: There being no objection to the admission of petitioner's exhibits, the same are
hereby admitted as part of the petitioner's testimony insofar as its application for the
issuance of temporary restraining order is concerned.
ELLEN: Counsel for the defendant, do you have a witness?
ATTY. MANALAYSAY: None, Your Honor. But we offer the Ordinance as Exhibit
“1” and request that it be marked as “Exhibit 1.”
Ellen: Do you oppose Atty. Barangtay.
Barangtay: No, your honor.
84
Ellen: There being no opposition on the part of the petitioner, the respondent's exhibit
is admitted as part of the evidence of the respondent.
Okay, Parties, counsels wait for my order.
ATTY. BARANGTAY AND MANALAYSAY: Thank you, Your Honor.
NARRATOR 2:
After the hearing for the issuance of the TRO, the Court granted the issuance of the
TRO effective for 20 days wherein the Hapev was required by the Court to pay the
bond of P100, 000. The next hearing for the issuance of injunction is set on
November 29, 2018.
That’s the end of our presentation. Thank you.
85
CONTRIBUTIONS
1. BALIO, Ma. Sushimika T.

- Prepared and drafted the Deed of Absolute Sale
- Assisted in the review, checking and proofreading of all documents
- Assisted in the editing and compilation of final documents
- Attended all group meetings
- Co-facilitated all group meetings
- Assisted in the drafting of Barangay Ordinance, Answer, and
Summons
2. BARANGTAY, Carlo Niel P.

- Prepared and drafted Answer to Petition;
- Reviewed and revised documents for the Defendant;
- Attended all the brainstorming sessions and group meetings;
- Assisted in the drafting of Deed of Absolute Sale, Barangay
Ordinance, and Summons
3. CARVAJAL, Monique Angelit M.

- Prepared Secretary’s Certificate
- Prepared Notice of Hearing
- Prepared Sheriff’s Return
4. CY, Pauline Mae J.

- Prepared Order on Petition for TRO
- Reviewed and proofread all the documents
- Assisted in the compilation of the documents for submission
- Attended all the brainstorming sessions and group meetings
5. DELA LUNA, Jose Carlos D.

- Prepared Script
- Prepared TSN
- Reviewed and revised documents
- Attended all meetings and brainstorm sessions.
6. ISIDERIO, Juillien V.
- Prepared Certificate of Registration of the HOA
- Prepared General Information Sheet
- Prepared Articles of Incorporation
- Assisted in the compilation of documents for submission
- Attended all brainstorming sessions an participated therein
- Reviewed and proofread documents
86
7. FOSTER, Hazel B.
- Prepared and drafted Petition
- Prepared the Subdivision Layout
- Helped provide the basis for the topic
- Provided samples of minutes of the meetings
- Proofread and edited all documents
8. MALUTO, Rapunzel Mae F.

- Lead in the dissemination of task for the Court group
- Reviewed and proofread all the documents
- Assisted in the compilation of the documents for submission
9. MANALAYSAY, Mierell Leichtenstein R.

- Drafted the basis for the issuance of Injunction/TRO
- Reviewed and proofread all documents
- Attended brainstorming sessions
- Provide Case Law and Case Theory
- Assisted in the drafting of the Petition
10. MORANTE, Jesus F.

! Prepared and drafted the Deed of Absolute Sale
! Assisted in the drafting of Summons, Answer, and Barangay
Ordinance
! Assisted in the review, checking and proofreading of documents
! Attended all the brainstorming sessions and group meetings;
! Participated in the review of all the final documents
11. ONG, Howard S.

- Prepared and drafted summons;
- Assisted in the drafting of Deed of Absolute Sale, Answer, and
Barangay Ordinance
- Reviewed and revised documents for the Defendant;
- Participated in the review of all the final documents
12. RODRIGUEZ, Angeline DC.

- Assisted with the drafting of the petition
- Prepared the Board Resolution and Minutes of the meeting of the
Homeowners Association
- Assisted in the compilation, proofreading and editing of documents
13. TOLENTINO, Raviel D.
87
- Assisted in the preparation of case theory
- Assisted in the drafting of Deed of Absolute Sale, Answer, and
Summons
- Prepared the Barangay Ordinance
- Compiled and edited all documents
- Facilitated all group meetings
- Assisted in proofreading
- Attended all group meetings
- Co-facilitated the organization of tasks
14. USON, Mar Ellen M.

- Co-drafted Order of Exhibits
- Co-drafted Order granting TRO
- Assisted in the compilation of documents
- helped in the review of documents
- shared sample forms
15. WAJE, Jell Effie B.

- Assisted with the drafting of the petition
- Prepared the Minutes of the meeting of the Board of Directors
- Assisted in the review, checking and proofreading
88

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PAMANTASAN NG LUNGSOD NG MAYNILA

-versus- For: Petition for Injunction

PETITION FOR INJUNCTION WITH PRAYER FOR THE ISSUANCE OF

WRIT OF PRELIMINARY INJUNCTION

Petitioner HOMEOWNERS ASSOCIATION OF PINKVIEW

2. The filing of this petition is premised on the right of the petitioner as

3. Petitioners HOMEOWNERS ASSOCIATION OF PINKVIEW

[Annex A - The Articles of Incorporation]

4. Respondent Sangguniang Barangay of Sauyo, represented by HOWARD

5. On October 18, 2018, the Sangguniang Barangay of Sauyo issued Barangay

NOW, THEREFORE, BE IT ORDAINED, AS IT IS HEREBY

SECTION 1. TITLE - This ordinance shall be known as the “AN

SECTION 2. SCOPE COVERED IN THE PINKVIEW EXECUTIVE

1. Whitefield Street – Accessible to Brgys. Fairview and Sta. Lucia

Entries to other streets through Whitefield and Fordham Streets shall be

SECTION 3. MAINTENANCE OF PEACE AND ORDER - The

SECTION 4. SPEED REGULATION - A speed limit of twenty (20)

SECTION 5. APPROPRIATION - The Sangguniang Barangay of

SECTIONS 6. SEPARABILITY CLAUSE

SECTION 7. EFFECTIVITY CLAUSE

6. Upon the implementation of the Barangay Ordinance, petitioner have been

[Annex F – Minutes of the Emergency Meeting]

IV. CAUSES OF ACTION

8. The village is equitably owned by the residents. People residing in Whitefield

2. The streets encompassed by the village are all private properties. As

b. Maintain environmental sustainability within the village. In no

GROUNDS FOR THE ALLOWANCE OF THE INJUNCTION AND

Section 3, Rule 58 of the Rules of Court enumerates the grounds for

SEC. 3. Grounds for issuance of preliminary injunction. – A

(b) That the commission, continuance or non-performance of the act

There are two requisites for the issuance of a preliminary injunction:

a. The right to be protected exists prima facie; and

20. If the impugned Barangay Ordinance is continuously implemented, the

IN VIEW OF THE FOREGOING, Petitioner respectfully prays for the

1. The grant of the Petition;

2. That upon the filing of this Petition, a Writ of Preliminary Injunction

3. And after notice and hearing, final injunction be made; and

4. Other reliefs just and equitable are likewise prayed for.

Quezon City, Metro Manila

ATTY. CARLO P. BARANGTAY

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

1. I am one of the Petitioners in the instant case;

ATTY. DEMETRIO SANTIAGO

EXHIBIT A BY: ZARRA JANE MARANAN

KNOW ALL MEN BY THESE PRESENTS:

AND WE HEREBY CERTIFY:

FIRST: That the name of said association

1. To construct, manage, maintain and operate adequate facilities and services

2. To initiate and organize socio-cultural projects and activities to awaken

3. To promote, enhance and foster the development and improvement of the

4. To acquire, accept donations, purchase, own, hold, develop, lease,

NAME CITIZENSHIP RESIDENCE

SIXTH: That the number of directors of the association shall be

NAME CITIZENSHIP RESIDENCE

EIGHTH: That the association shall be maintained by fees, dues, assessments

NINTH: That the initial operating capital of the

TENTH: That ____Mary Grace R. Franco___ has been elected by the

_____Gerald F. Anderson_____ ________John Lloyd E. Cruz______

TENTH: That __Mary Grace R. Franco_ has been elected by the

___Gerald F. Anderson_ John Lloyd E. Cruz

Rey Francis M. Alipio Alex A.Gonzaga_____

__Gianne Denise S. Lim_ Kim Paolo P. Feliciano_____

_Pamela Marie O. De Villena _Kathrine L. Bernardo__

__Nadine R. Lustre_ _Angelica T. Panganiban___

Judy Ann S. Agoncillo Janine H. Berdin____

Candace Coleen S. Torralba

__Beverly S. Paningbatan_ ______Yhezel R. Cruz