Republic of the Philippines

National Capital Judicial Region

 METROPOLITAN TRIAL COURT
Branch LXIII (63)
Makati City

Pedro Sanchez
Plaintiff,

- versus -                                                                

Juan Santiago,
Defendant.
x-------------------------------------------x

Civil Case No 546578

MOTION FOR IMMEDIATE EXECUTION PENDING APPEAL

COME NOW THE PLAINTIFFS, through the undersigned counsel and before this Honorable
Court, they most respectfully allege that:

1. That a decision has been rendered in this case on November 20, 2005 in favor of the
Plaintiffs and against the defendant.
2. That the period for appeal for the defendant thru his counsel has already perfected or
within the period given or allowed under the rules on summary procedure, but
unfortunately the defendant himself failed to pay or deposit the required rentals or
supersedeas bond and under Sec. 19 Rule 70 of the Revised Rules of Summary
Procesure, as reiterated in the numerous decision of the Supreme Court, to wit:

Section 19. Immediate execution of judgment; how to stay same. — If judgment is rendered

against the defendant, execution shall issue immediately upon motion unless an appeal has
been perfected and the defendant to stay execution files a sufficient supersedeas bond,
approved by the Municipal Trial Court and executed in favor of the plaintiff to pay the rents,
damages, and costs accruing down to the time of the judgment appealed from, and unless,
during the pendency of the appeal, he deposits with the appellate court the amount of rent
due from time to time under the contract, if any, as determined by the judgment of the
Municipal Trial Court. In the absence of a contract, he shall deposit with the Regional Trial
Court the reasonable value of the use and occupation of the premises for the preceding
month or period at the rate determined by the judgment of the lower court on or before the
tenth day of each succeeding month or period. The supersedeas bond shall be transmitted
by the Municipal Trial Court, with the papers, to the clerk of the Regional Trial Court to which
the action is appealed.

3. And based on the records of the Court the defendant failed to deposit the sufficient
supersedeas bond or rentals awarded by the lower court in his decision on November 20,
 2005, hence the plaintiffs have no recourse but to inform and persuade the court to grant
the order for the immediate execution of the decision of the Municipal Trial Court.

                   WHEREFORE, it is respectfully prayed that an order be issued by this Honorable

Court for a writ of execution of said judgment.
  
  Makati City, Philippines. May 5, 2023.

                                                                         ATTY. Yud Po
                                                                         Counsel for Plaintiff

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

MeTC - Branch 63
Makati City

ATTY. Wey Yu
Counsel for the Defendant
5789 Zamora Street, Pasay City 

Greetings!
      
Please take notice that the undersigned counsel will submit the foregoing Motion for
Execution to the Honorable Court on May 25, 2023 at 8:30 in the morning for its favorable
consideration and approval.

                                           
Copy furnished by registered mail:
     
ATTY. ABC
Counsel for the Defendant
1234 Zamora Street, Pasay City

EXPLANATION

        Due to lack of messengerial services to effect personal service, a copy of the foregoing
motion was sent to defendant's counsel through registered mail.