Draft Motion For Execution BP 22

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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NOS.:

-versus-
FOR: VIOLATION OF BP
BILANG 22

_________________________
Accused.
xx--------------------------------------------------xx

MOTION FOR EXECUTION


THE PRIVATE COMPLAINANT, through the undersigned private
prosecutors and unto this Honorable Court, most respectfully state that:

1. On ____________________, a Decision based on Compromise


Agreement was rendered by the Honorable Court in the present
case ordering the parties to faithfully comply with the terms and
conditions of the agreement.

2. In the said Decision, the Honorable Court ordered the Accused to


pay the private complainant the sum of One Hundred Five
Thousand Pesos (Php 105,000.00) as full and final settlement of
the civil aspect of these cases payable as follows:

a. Ten Thousand Pesos (Php 10,000.00) upon the signing of the compromise
agreement;
b. Ten Thousand Pesos (Php 10,000.00) starting June 17, 2019 and every 17 th
day and 2nd day of the succeeding months until fully paid. All payments shall
be delivered by the accused to the office of the counsel of the private
complainant every schedule without need of notice and demand.

3. Likewise, in the said Decision, the Honorable Court stated that


should the accused default in payment of at least three (3)
cumulative months, the remaining balance will immediately
become due and payable and will be enforced by Writ of
Execution.

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4. In the said Decision, the private complainant acknowledged receipt
of _______________________ upon the signing of the compromise
agreement.

5. Despite the Decision of the Honorable Court, the Accused has still
not complied with the terms and conditions set therein as she has
failed to make any payments in favor of the private complainant.

WHEREFORE, premises considered, it is most respectfully prayed


of this Honorable Court that a writ of execution be issued to implement
the Decision based on Compromise Agreement dated 11 June 2019.

Iloilo City, Philippines, 06 July 2020.

NOTICE OF HEARING

Clerk of Court

Madame:

Please set the foregoing motion for the consideration and


approval of the Honorable Court on Friday, July 10, 2020 at 8:30 o’ clock
in the morning.

Madam:

Please take notice that the undersigned counsel will submit the
foregoing motion for the consideration and approval of the Honorable
Court on Friday, July 10, 2020 at 8:30 o’ clock in the morning.

Copy furnished:
LBC Tracking No.: ______________
Date: _________________________

EXPLANATION
Per Sec. 11, Rule 13, 1997 Rules of Civil Procedure

The service and filing of this Motion was done by LBC, a private
courier in view of the distance of the venue of the Honorable Court from

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the office of the parties concerned and the lack of manpower which
renders personal service and filing impracticable.

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