REPUBLIC OF THE PHILIPPINES

7th Judicial Region

REGIONAL TRIAL COURT
Branch 65, Talisay City, Cebu

VICENTE L. NOVO, CIVIL CASE NO: TCV-2015-127

Plaintiff,
DAMAGES AND
-versus- ATTORNEY’S FEES

JOCELYN NEBRIA and ROGEN

LABAJO,
Defendants.
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MOTION FOR EXECUTION

COMES NOW Plaintiff, to this Honorable Court, most

respectfully states:

1. That in the Order dated July 7, 2016, the Honorable Court

approved the Compromise Agreement dated June 29, 2016 executed
by the parties;

2. That contrary to the terms and conditions of the Compromise

Agreement dated June 29, 2016, the defendants failed to pay four (4)
successive installment, the last payment was for August 2016, the
defendant failed to pay the September to December 2016 installment;

3. That par. 4 of the said Compromise Agreement, expressly

provides:

“4. That the defendant bound herself that if she fails any two
(2) installments, the entire unpaid balance shall become due and
demandable and a WRIT OF EXECUTION shall be issued to the
plaintiff as a matter of right.”

4. That clearly, based on the foregoing, the remaining balance of

P70,060.00 is now due and demandable and a Writ of Execution
should be issued in favor of the plaintiff.

WHEREFORE, in view of the foregoing, it is most respectfully

prayed of this Honorable Court issue a Writ of Execution in the
above-captioned case for the remaining balance of Seventy Thousand
Sixty Pesos (P70,060.00).

1
 Cebu City, Philippines, January 4, 2017.

ATTY. FRANCIS GEORGE F. DINOPOL

Counsel for the Plaintiff
Suite 402 G.K. Chua Bldg.
Sancianco St., Cebu City
Roll of Attorneys Number 50084
PTR No. 10344295, 12-16-2015 Cebu Capitol
IBP No. 1029537, 1-20-2016, Cebu Chapter
MCLE Compliance No. II-0014596
MCLE Compliance No. III-0021915, 06-26-2012
MCLE Compliance No. IV-0011760, 02-08-2013
MCLE Compliance No. V-0024375, 11-21-2016
Tel. No. 5151417/4141178

NOTICE OF HEARING

The Clerk of Court

RTC Branch 65, Talisay City, Cebu;
Atty. Richard Horace D. Señagan

Please be informed that the undersigned counsel shall be

submitting the foregoing motion for the consideration of the
Honorable Court on January 13, 2017 at 10:00 o’clock in the morning.

Atty. Francis George F. Dinopol

Copy furnished:

Atty. Richard Horace D. Señagan

Room 202, Aniceta Building
Osmeña Blvd., Cebu City 6000