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Ex-Parte Motion for Writ of Execution

This document is an ex-parte motion for issuance of a writ of execution. It summarizes a previous court decision awarding damages to the plaintiff in a civil case against a transport company. The decision became final as the period to appeal lapsed. The motion requests that a writ of execution be issued to enforce the decision and collect the damages owed.

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j.mcrich
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288 views2 pages

Ex-Parte Motion for Writ of Execution

This document is an ex-parte motion for issuance of a writ of execution. It summarizes a previous court decision awarding damages to the plaintiff in a civil case against a transport company. The decision became final as the period to appeal lapsed. The motion requests that a writ of execution be issued to enforce the decision and collect the damages owed.

Uploaded by

j.mcrich
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT OF LANAO DEL SUR


12th Judicial Region, Branch 21
Hall of Justice, Iligan City

Juan Tamad,
Plaintiff, CIVIL CASE NO. 001-2018

- versus - - For-

DDS TRANSPORT INC., DAMAGES


Represented by Pedro,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - x

EX-PARTE MOTION FOR ISSUANCE OF


WRIT OF EXECUTION

PLAINTIFF, by counsel, most respectfully avers:

1. That on April 15, 2017, a decision was rendered in the above-


entitled case, dispositive portion of which reads:

“WHEREFORE, premises considered, judgment is rendered in favor


of the plaintiff and the defendant are jointly and severally ORDERED to
pay to plaintiff (1) Php510,000.00 as actual damages, (2) Php100,000.00 as
moral damages, (3) Php50,000.00 as exemplary damages, (4) Php100,000.00
as Attorney’s fees and (5) the cost of this suit.

SO ORDERED”.

4. That to this date, counsel has not been furnished copy of any
notice of appeal. Clearly, the aforesaid decision has indubitably
become final and executory, the period allowed by law for the defen-
dants to prosecute an appeal or any other appropriate legal remedy
there against having lapsed ;

WHEREFORE, premises considered, plaintiff most respectfully


prays that a Writ of Execution be issued in this case in the interest of
justice.

Respectfully submitted.
Malabang, Lanao del Sur, August 16, 2016.

PAPS Law Office and Associate


Legal Consultants-Notaries Public
Iligan City

By:

ATTY. Maria Elena


PTR No. 458659; 01/02/16 Iligan City
IBP Life Roll No. 09912; Attorney’s Roll No. 000568456,
MCLE Compliance No. V-0024684

EXPLANATION OF SERVICE

Service by mail is availed due to the distance, personal service being


impracticable.

ATTY. Maria Elena

Copy furnished:

Atty. Boy Bundat


Counsel for Defendant DDS
Tubod, Iligan City

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