Republic of the Philippines

MUNICIPAL TRIAL COURT OF TALISAY

Fifth Judicial Region
Daet, Camarines Norte

JOEL E. Civil Case No. 222kjjhg

Plaintiff, For: Damages

-versus-

JESWIN
Defendant.
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MOTION FOR ISSUANCE OF WRIT OF EXECUTION

COMES NOW, Plaintiff through counsel and unto this Honorable

Court respectfully states that:

1. On October 4, 2021, this Honorable Court rendered its Decision

favorable to herein Plaintiff, the dispositive portion reads:

“Wherefore, premises considered, this Court hereby

finds defendant Jeswin liable for the payment of
damages and is hereby ordered to pay the plaintiff the
following:

1. The amount of One Thousand Two Hundred Fifty

Eight Pesos (P 1,258) as actual damages and loss
of income in the amount of Two Thousand Pesos
(2,000.00)
2. The amount of Twenty Thousand Pesos
(P20,000.00) as attorney’s fee;
3. Cost of suit in the amount of Three Thousand Two
Hundred Seventy Seven Pesos (P 3,277.00)
4. With legal interest at the rate of 6% per annum
from the date of the finality of this judgment until
full payment.

SO ORDERED.”

2. On the Order dated September 22, 2021, it appears from the record of
the Court that as early as July 28, 2021, defendant already received a
copy of the Complaint and its annexes, despite the lapse of time,
defendant failed to file his Answer;

3. On November 03, 2021, the undersigned received a copy of Motion

for Reconsideration dated October 25, 2021. However, on October 23,
 2021, the Honorable Court issued an Entry of Judgment and it became
final and executory;

4. Consequently, Section 1, Rule 39 of the Rules of Court finds

application in this case:

“Section 1. Execution upon judgment or final orders. –

Execution shall issue as a matter of rights, on motion,
upon a judgment or order that dispose of the action or
proceeding upon the expiration of the period to appeal
therefrom if no appeal has been duly perfected.”

5. Plaintiff respectfully requests for the issuance of an alias writ of

execution to fully satisfy the orders of this Honorable Court.

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that a Writ of Execution be served to Defendant so that
the orders from the Decision dated October 4, 2021, be fully satisfied.

Other reliefs just and equitable under the premises are likewise prayed
for.

Daet for Talisay, Camarines Norte, August 11, 2022.

MIRIAM O
Counsel for the Plaintiff

Copy furnished:

HECTOR
Daet, Camarines Norte