Scribd
Upload
27 views5 pages

Motion For Execution of Judgment

Uploaded by

Jasmin Adarna
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
27 views5 pages

Motion For Execution of Judgment

Uploaded by

Jasmin Adarna
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 5

1

Republic of the Philippines


MUNICIPAL TRIAL COURT
BRANCH 2
San Pedro, Laguna

SPOUSES PABLO DIVINAGRACIA


& FREDESMINDA DIVINAGRACIA,
Plaintiffs,
Civil Case No. 03-338
-versus-

REMIGIO CANICOSA,
Defendant.
X-----------------------------------------------X

MOTION FOR EXECUTION OF JUDGMENT

COMES NOW, the plaintiff Spouses PABLO DIVINAGRACIA,


and FREDESMINDA DIVINAGRACIA, in the above-entitled case,
through the undersigned counsel and unto this Honorable Court,
hereby respectfully states;

1. That a decision has already been rendered in the above-


entitled case on October 24, 2006, in favor of the herein
plaintiff Spouses Pablo Divinagracia and Fredesminda
Divinagracia, and against the herein defendant Remigio
Canicosa.

2. That the reglamentary period within which the herein


defendant Remigio Canicosa could have taken an appeal to
the proper Appellate Court has already expired long time
ago, without him having perfected an appeal from the said
decision.
2

3. That considering that the above-entitled case has been


decided by this Honorable Court on October 24, 2006,
without the defendant Remigio Canicosa having taken an
appeal from the said decision within the reglamentary
period, the said decision of this Honorable Court has now
become final and executory.

4. That it appearing that the said decision of this Honorable


Court was rendered more than three (3) years ago, from the
time of the filing of the present motion, there is an urgent
need for the immediate execution of the aforementioned
decision of this Honorable Court in order to protect the rights
of the herein plaintiff spouses, because at present there is a
glaring and blatant violation of the rights of the plaintiff
spouses as the defendants continue to occupy illegally and
defiantly the property leased by them from the plaintiff
spouses without paying rentals to them.

5. That in the dispositive part of the decision of this Honorable


Court, then presided by the Honorable ELPIDIO R. CALIS,
Acting Presiding Judge, it was stated therein as follows;

“WHEREFORE, after judicious weighing of


the evidences adduced by the plaintiffs in
their complaint and Answer of the Defendant,
the Court, finding plaintiff’s cause of action to
be sufficiently established being supported
by evidence on records, judgment is hereby
rendered in favor of the plaintiff and against
the defendant as follows:
3

1. Ordering defendant Remigio Canicosa, and all


persons claiming rights under him, to vacate
the property in question, peacefully and
surrender thereof to the owners; to pay the
plaintiffs the amount of Php 2,000.00
monthly as reasonable rent by the defendant
from date of judicial demand until they
vacated the premises.

2. Ordering the defendant to pay the amount of


P20,000.00 by way of Attorney’s fees.

3. To pay costs of suit.

SO ORDERED. “

That the only way to enforce the aforementioned judgment


of this Honorable Court, is for it to issue a Writ of Execution to
give weight and effect to the said judgment, as the defendant has
completely ignored and disregarded the mandate of this
Honorable Court above-mentioned.

PRAYER

WHEREFORE, it is hereby respectfully prayed that an order


for the immediate execution of the above-mentioned judgment be
issued by this Honorable Court.
Other equitable remedies are also prayed for by the
plaintiffs.

Manila, for San Pedro, Laguna, December _____, 2009.


4

ATTY. MAMERTO D. PICCIO


Villanueva and Associates Law Office
Rm.301,3rd/F E. V. Villanueva Jr.,
Bldg.
1807 L. Guinto St. cor. J. Nakpil St.,
Malate, Manila

IBP No. 486159- Dec. 01, 2009 Pasig


PTR No.A-2065761–Dec. 18, 2009
Q.C.
Roll No. 14130
MCLE – December 8-11, 2008

NOTICE OF HEARING
The Branch Clerk of Court
Municipal Trial Court
Branch 2, San Pedro, Laguna

Atty. Jose G. de Leon Jr.


Public Attorney II
Public Attorney’s Office
Hall of Justice Building
Canlalay, Biñan, Laguna

GREETINGS:

Please take notice that on Friday, January 29, 2010 at 8:30 in


the morning, the undersigned counsel for the plaintiffs will submit
the foregoing Motion for hearing, consideration, and approval of
this Honorable Court.

ATTY. MAMERTO D. PICCIO


Copy Furnished:

ATTY. JOSE DE LEON JR.


Public Attorney II
Public Attorney’s Office
5

Hall of Justice Building


Canlalay, Biñan, Laguna

EXPLANATION
(Pursuant to Sec. 11 of Rule 13, of the Rules of Court)

Copy of this Motion is being served by Registered Mail to the


above-mentioned addressee, as personal service thereof is not
practical due to the distance of the said place from the
undersigned’s Office and lack of office personnel to effect
personal delivery of a copy of the said pleading.

ATTY. MAMERTO D. PICCIO

/mdp/jrl09

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy