Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch 02
Iligan City

SECOND COOPERATIVE
Plaintiff,
CIVIL CASE NO. 00000

-versus- For: Sum of Money

MONALIZA ARORUL, et. al.,

Defendants.
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MOTION FOR EXECUTION

COMES NOW, the plaintiff, through the undersigned counsel and to this Honorable
Court, most respectfully avers:

1. That the Honorable Court rendered a Decision based on Compromise

relative to the above-entitled case on July 14, 2010;

2. That the Compromise Agreement from which Judgment was rendered

stipulated that “in case the herein defendants fail to pay three (3)
cumulative monthly installments, the entire obligation will become due and
that a writ of execution be issued for the execution of the order to be
issued basing on the herein compromise agreement. That in this case, the
current interest rates and penalties be imposed on the balance”

3. That defendants did not faithfully comply with the tenor of the said
compromise agreement as approved by the Honorable Court when after
paying the initial amount of TWO THOUSAND PESOS ONLY
(Php2,000.00) the remaining balance of ONE HUNDRED TWENTY SIX
THOUSAND SEVENTY THREE PESOS & 82/100 (Php126,073.82) was
left unpaid since March 2010 in contravention of the terms of the
Compromise Agreement;

3. That the defendants having violated the terms of the Compromise

Agreement, plaintiff, in conformity with the stipulations and conditions of
the Compromise Agreement imposed the current interest rates and
penalties on the balance and had arrived at the following computation:

Balance Outstanding Php 46,617.88

Interest 10,048.71

Penalties 44,192.47

Total Payable Php100,859.06

4. That in view of the defendants cavalier attitude in honouring the judgment

of the Honorable Court based on the compromise agreement it is
 respectfully prayed that the Attorneys fees which was not included in the
compromise agreement be imposed in the amount of TWENTY FIVE
THOUSAND TWO HUNDRED FOURTEEN PESOS & 76/100
(Php25,214.76) which is twenty five percent of the amount due as
provided for in the Promissory Notes.

WHEREFORE, premises considered, it is most respectfully prayed that a writ of

execution be issued to implement the said decision with the appropriate interest and
penalties included as well as the attorneys fees based on the above-cited reasons.

Other relief and remedies as maybe deemed just and equitable under the premises
are likewise prayed for.

Cebu City ___________.

ATTY.

NOTICE OF HEARING

Branch Clerk of Court

MUNICIPAL TRIAL COURT IN CITIES
______________________________

Sir:

Greetings!

Please take notice that on Friday, ________________, at

____________o’clock in the morning, or as soon as thereafter as counsel and
matter may be heard, the foregoing Motion for Execution will be submitted
for the consideration and approval of the Honorable Court.

Iligan City ____________________

ZALDY
Copy furnished:

_______________
_______________
_______________

EXPLANATION OF SERVICE

Copy of the Motion for Execution was served to the defendants by registered mail
due to time and distance, and for lack of the undersigned’s staff who can serve the
same in person.

ZALDY