Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
BRANCH xx, CEBU CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Crim. Case No. xxxxx

For: Falsification of Public
Documents
xxxx,
Accused.
x-----------------------------------------/

MOTION FOR ISSUANCE OF A WRIT OF EXECUTION

The State, through counsel, respectfully states that:

1. In an Order dated 21 September 2015, the Honorable Court

approved and adopted the Compromise Agreement of the
parties as its Decision in this case, pertinent portion of which
states:

“1. That Milagros shall do the following in favor of her parents:

a. That Milagros Arenas shall give each of her parents

P10,000.00 or a total of P20,000.00. Said sum shall be
released monthly starting June 2015, and will continue to
be released to them for as long as both or either of them are
alive;

b. That Milagros shall also ensure to give her parents

P250,000.00 within a period of six months counted from
October 2015 up to March 2016. Said amount shall be
made in full independent of the Spouses Arenas’ living
existence; and

c. That Milagros shall deposit the foregoing amounts in the

Philippine National Savings Account of her mother,
Teresita or directly to Rodulfo K. Arenas Sr.,
Xxx
5. This Agreement is fully enforceable in accordance with the
terms and conditions herein set forth, and
 6. This Agreement is effective upon execution thereof by the
parties.”
2. Milagros Arenas has stopped paying the agreed monthly
amount of P20,000.00 (Par. 1[a] of the Compromised Agreement)
starting January 2017 up to the present;

3. Milagros Arenas paid only P100,000.00 out of the P250,000.00

stipulated sum (Par. 1[b] of the Compromised Agreement)
which was supposed to be complied no later than March 2016;

4. Despite repeated demands, Milagros Arenas failed and

continues to renege on her obligations under the Compromised
Agreement;

5. Private complainant Rodulfo K. Arenas Sr. passed away March

18, 2019, in grief and deprived of the fruits of what he thought
he won in this case; and

6. While Teresita Arenas is still living, it is feared that she would

suffer the same fate as her deceased husband—betrayed and
neglected.
PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court to ISSUE a Writ of Execution for the
full satisfaction of the Judgment by Compromise including the
payment for arrears and interest, when proper.

Other just and equitable reliefs are likewise respectfully prayed

for.

Cebu City, Philippines. 19 April 2019.

Pros.
Assistant Cebu City Prosecutor
Office of the Cebu City Prosecutor
Capitol Compound, Capitol Site, Cebu City

With my conformity:
Teresita Arenas
Private Complainant

Copy furnished:

Milagros Arenas
Accused
(Address)
Registry Receipt No: _________________
Date: __________________

Request for Hearing

The Honorable Clerk of Court

MTCC, Branch 01,
Cebu City

Dear Sir/Madam:
Kindly submit the foregoing Motion for the Issuance of a Writ of
Execution for the consideration of this Honorable Court on
_____________________________, or on such other date and time
convenient to the calendar of this Honorable Court.

Pros._________
 NOTICE OF HEARING

Milagros Arenas
Accused
(Address)
Registry Receipt No: _________________
Date: __________________

Please be informed that the foregoing Motion for Issuance of a

Writ of Execution is submitted for approval of the Honorable Court on
_________________________________ or on such other date and time
convenient to the calendar of the Honorable Court.

Explanation

A copy of the foregoing Entry of Appearance with Motion for the

Issuance of a Writ of Execution is furnished to the Accused via
registered mail in view of lack of personnel to cause personal service.

Pros. ___________

Republic of the Philippines ) S.S.

Cebu City )
x---------------------------------------------/

AFFIDAVIT OF SERVICE

I, _____________, with address at __________________ Cebu

City, Philippines, after being duly sworn to in accordance with law,
hereby depose and state:

That on ______________, I served a copy of the following

pleading/paper:

NATURE OF PLEADING/PAPER:
MOTION FOR ISSUANCE OF A WRIT OF EXECUTION

By registered mail to:

Milagros Arenas
Accused
(Address)
Registry Receipt No: _________________
Date:__________________

____________
Affiant

SUBSCRIBED AND SWORN to before me this ___________________

in Cebu City, Philippines. Affiant personally appeared to me and
exhibited his ____________________________________ as his
competent evidence of identity.

Doc. No. ______;

Page No.______;
Book No. _____;
Series of 2019.