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Labang Memorandum

1. This memorandum was submitted by the defense counsel of defendant Jeniffer Labang in response to a civil case seeking to annul documents and a certificate of title with damages. 2. The memorandum argues that Labang should be exonerated because she was not involved in any transactions regarding the contested property, including its splitting, sale, conveyance or transfer. 3. While Labang took part in petitioning for re-issuance of the original title, she was misled and exploited by co-defendant Conrado Cuntapay, who provided all documents and fees and has since disappeared. Labang did not gain any benefits from the property.

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nicholo
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45 views

Labang Memorandum

1. This memorandum was submitted by the defense counsel of defendant Jeniffer Labang in response to a civil case seeking to annul documents and a certificate of title with damages. 2. The memorandum argues that Labang should be exonerated because she was not involved in any transactions regarding the contested property, including its splitting, sale, conveyance or transfer. 3. While Labang took part in petitioning for re-issuance of the original title, she was misled and exploited by co-defendant Conrado Cuntapay, who provided all documents and fees and has since disappeared. Labang did not gain any benefits from the property.

Uploaded by

nicholo
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines


MUNICIPAL TRIAL COURT IN CITIES
Second Judicial Region
Branch 03
Tuguegarao City

SPS. OSCAR CUNTAPAY and CIVIL CASE NO. 3227


VICTORIA CUNTAPAY
Plaintiff, for: ANNULMENT OF DOCUMENT and
CERTIFICATE of TITLE with
DAMAGES
-versus-

CONRADO CORPUZ CUNTAPAY,


CHRISTOPHER DY and JENIFFER
LABANG,
Defendants.
x-------------------------------------x

MEMORANDUM
(for DEFENDANT JENIFFER LABANG)

UNTO THIS HONORABLE COURT, Defendant JENIFFER LABANG, by


counsel, respectfully submits this MEMORANDUM, to wit:

TIMELINESS OF PLEADING

On November 24, 2022, after the termination of presentation of evidence,


the Honorable Court, on motion of the parties, Ordered the simultaneous
submission of the respective MEMORANDA of parties within thirty (30) days
from notice; hence the foregoing is timely filed

BRIEF STATEMENT OF FACTS OF THE CASE

Sometime in 2017, by way of machination, stealth and abuse of


confidence, defendant CONRADO CUNTAPAY befriended and was able to
convince defendant Labang, for a fee, to cause the Re-issuance of an Owner’s
Duplicate Copy of Title owned by Plaintiffs. All necessary documents were
provided by defendant Conrado Cuntapay together with one Corazon Dupaya.
Likewise, the necessary judicial fees were provided by Cuntapay and Dupaya.

After the re-issuance of the title, defendant Cuntapay and his co-hoot
Corazon Dupaya were no longer to be found despite diligent efforts to locate

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them by herein defendant Labang, who was yet to collect supposedly from the
promised amount;

Sometime in 2019, herein defendant was surprised that a warrant of


arrest was issued against her and a criminal case for perjury and false
testimony were filed against her at the Municipal Trial Court in Cities Branch 1
docketed as Criminal Case Nos. 31502, 31503 and 31504, “People of the
Philippines versus Jenifer Labang for “Perjury and False Testimony””. The same
complainants in this instant case are the private complainants in those cases.
After a momentary peace, defendant Labang on the other hand was charged for
perjury and false testimonies filed by plaintiffs. Because defendants Cuntapay
and his co-hoot Dupaya were no longer to be found, defendant Labang was left
to suffer and was convicted for the offense charged at the Municipal Trial Court
in Cities Branch 1, Tuguegarao City;

It was only during the proceedings in the criminal cases in MTCC Branch
1, Tuguegarao City, that defendant Labang learned that the re-issued title, was
sold to different persons by Conrado Cuntapay and the derivative titles were
issued to the respective buyers;

Defendant Labang had no knowledge whatsoever, no direct participation,


to any transactions relative to the sale between Defendant Conrado Cuntapay
and the different persons he may have sold the property to;

Defendant Labang never gained from the property, she neither benefited
from the same nor was she in possession or was given any portion thereof. She
is neither a holder/possessor of a portion of the property nor was there any
title issued in her name and favor. For the same reason that defendant Labang
was never a party to any sale, splitting, conveyance/transfer of the subject
property in issue, she sought to be exonerated from the foregoing case.

DISCUSSION/S

After the presentation of all parties’ claims and defenses, one thing was
clear in all the documentary and testimonial pieces of evidence submitted and
presented in Court during the course of the trial proceedings, that herein
defendant Labang was never a party to any transaction involving the

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conveyance of the Titles over the property sought to be annulled. She was
never privy and was never a party to the Offer to Sell, Splitting,
Sale/Conveyance and transfer of Titles to the other co-defendants;

Needless to say, it is on record that herein defendant Labang was already


tried and is serving sentence for the cases filed against her in the MTCC
Branch 1, Tuguegarao City, by the same complainant/plaintiff in this instant
case involving the same property now sought to be annulled. To hold her
accountable anew to the instant case at bar will be, for lack of better term, an
“OVERKILL”;

In the course of the proceedings in this instant case, in almost all


testimonial evidence and documentary evidence presented, it was proven that
herein defendant Labang was never a PARTY to any transactions/conveyances
and transfers as well as to the issuance of the derivative titles sought to be
annulled and cancelled. While it holds true that she participated to the Petition
for the re-issuance, all necessary documents were provided to her by defendant
Conrado Cuntapay.

As can be construed from the testimony of defendant Labang, defendant


Conrado Cuntapay took advantage of her vulnerability, her lack of foresight
and confidence. Consequently, when defendant Labang was at her weakest, evil
was at its strongest through defendant Conrado Cuntapay and his co-hoot Ms.
Dupaya;

Defendant Labang is now made to suffer for the commission and


omission of defendant Conrado Cuntapay. Defendant Labang was tried and
serving sentence for a crime she was innocent of, after having been found
guilty for the cases filed aganst her in MTCC Branch 1. She was found guilty
not because she committed the offense charged but because she was left in
mid-air to face the criminal charges against her;

Wherefore, in the light of the foregoing, it is in the best interest of


justice, considering the facts and circumstances presented, that herein
defendant Jenifer Labang be exonerated in the instant case on the grounds
that she was not a party to any transaction, personally and in document, such

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as but not limited to- splitting, transfer, conveyance, sale, transfer of the
derivative titles sought to be annulled and cancelled.
Other just and equitable reliefs are similarly prayed for unto this
Honorable Court.

Respectfully submitted this December 20, 2022, Tuguegarao City,


Cagayan

ATTY. NICHOLO RUDOLF A. SUPNET


Counsel for Defendant Jeniffer Labang
Roll No. 54755
PTR No. TUG3053653/01-06-22/Tuguegarao City, Cagayan
IBP No. Lifetime No. 011542/Tuguegarao City, Cagayan
MCLE Complied (Certificate not yet issued)
0916-946-3428
405 Gomez St., Carig Sur, Tuguegarao City
nrsupnet@gmail.com

Copy furnished by personal service:


ATTY. CLIFF JOHN BAUTISTA
ATTY. SAMUEL A. AGALOOS ATTY. CHRISTINE MANGOMA
Counsel for Plainttifs Counsel for the Defendants
2/F Callangan Building., Bonifacio St. 2nd Flr. Archbishop’s Centennial
Tuguegarao City, Cagayan Bldg, Cor. Blumentrit St.
Tuguegarao City, Cagayan

NOTICE

TO: The Branch Clerk of Court

Greetings!

Please submit the foregoing to the perusal and kind consideration of the
Honorable Court.

Thank you

NICHOLO RUDOLF A. SUPNET

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