REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH 20, MANILA
LOURDES S. PINEDA,
Plaintiff,
- versus ADELAIDA SARACHO,

Civill Case No. 180571

Defendant,.
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OPPOSITION/COMMENT TO THE
MOTION TO FOR EXECUTION
DEFENDANT, by herself, unto this Honorable Court, most respectfully allege as
follows:
1.
That on November 14, 2005, the Court issued a Judgment Based on the
Compromise Agreement between herein plaintiff and herein defendant;
2.
That on June 14, 2006, defendant received a copy of a Motion for
Execution filed by plaintiff;
3.
That defendant admits that she was not able to comply with the said
compromise agreement. However, she vehemently denies the allegation of plaintiff that
she still has a balance of Thirty-two thousand pesos (P32,000.00);
4.
In compliance with the above-mentioned compromise agreement,
Defendant has partially paid plaintiff the amount of Eleven Thousand Five Hundred
Pesos (P11, 500.00). Attached hereto are copies of receipts of payment made by
Defendant to herein plaintiff marked as Annex 1, 2 and 3;
5.
While the Honorable Court is bound to strictly observe the rules of
procedure, it must not loose sight of the fact that Defendant has already made partial
payments and thus it should not allow itself to be an instrument in unjustly enriching
herein plaintiff. Numerous Supreme Court decisions held that the rules of procedure
may not be observed if the observance thereof would lead to injustice.
PRAYER
WHEREFORE premises considered, it is most respectfully prayed of this
Honorable Court that this Comment/Opposition be admitted and considered by this
Honorable Court.
Other relief and remedies as may be just and equitable under the premises are
likewise prayed for.
June 20, 2006. Manila, Philippines.
ADELAIDA SARACHO
Defendant
Copy furnished:
Leonardo P. Reyes
Counsel for the Plaintiff
Rm.313 Madrigal Bldg.
Escolta, Manila