Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch 69
Santigwar, City

MADDU MANNA,
Plaintiff, CIVIL CASE No. 08-CV-2345

-vs-

MUSNA KITTA,
Defendant,
x--------------------------------------------x

MOTION FOR EXECUTION(recovery of possession)

PLAINTIFF, by and through the undersigned counsel, and unto the Honorable Court,
most respectfully state that:

1. This case was decided in favor of the Plaintiff by the Honorable Court last
December 4, 20111, the dispositive portion of which provide to wit:

“WHEREFORE, in view of all the foregoing, judgment is hereby rendered in

favor of the plaintiff and against the defendants.

Defendant Musna Kitta is hereby ordered to immediately and permanently

vacate the property covered by and described in Transfer Certificate of Title No.
T-1234 in the name of Plaintiff Maddu Manna and to remove at their own
expense, all their improvements found thereon. Defendants are also ordered to
reimburse the plaintiff actual damages in the form of attorney’s fees in the amount
of Php. 50,000.00 with additional Php 2,000.00 for each court appearance of
plaintiff’s counsel.”

2. No Motion for Reconsideration or Appeal was filed by the Defendant instead they
filed a Petition for Certiorari under Rule 65 to the Court of Appeals assailing the
June 28, 2010 order of the Honorable Court declaring Defendants in Default, the
November 30, 2010 order Denying Defendant’s Motion to Lift Order of Default,
and the February 16, 2011 order denying their Motion for Reconsideration.

3. The Honorable Court of Appeals Dismissed the Petition and sustained the
November 30, 2010 and February 16, 2011 orders of this Honorable Court in a
Decision dated June 28, 2012.

4. Defendants then filed a Motion for Reconsideration over the said Decision which
was denied by the Honorable Court of Appeals in an order dated December 19,
2012.

5. Defendants elevated the case to the Honorable Supreme Court through a Petition
for Review on Certiorari which was again denied affirming the June 28, 2012 and

1
Annex “A”
 December 19, 2012 resolution of the Court of Appeals. A copy of the Decision is
hereto attached as Annex “B”.

6. The decision had hence since became final and executory, a copy of the Entry of
Judgment is hereto attached as Annex “C”.

7. Thus having no doubt on the correctness of this Honorable Court’s Decision,

plaintiff through counsel now move for the execution of the said decision.

RELIEF
WHEREFORE, premises considered it is respectfully prayed for that a writ of
execution be issued to enforce the decision of this Honorable Court’s order dated
December 4, 2011.

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

Santigwar City, Philippines, this 30th day of April 2015.

ATTY. ROWELL B. SERRANO

Privilege Tax Receipt No. 2012966; 06 January 2015
Barangay Nasino, Santigwar City
Buhatan Oriental
PTR NO. 123456, Quezon City, January 09, 2006
IBP NO. 654321, Quezon City Chapter, January 09, 2006
Atty’s Roll Number 12345, March 10, 1972
Notice:

The Honorable Clerk of Court

Regional Trial Court Branch 69
Santigwar City

Greetings!

Please submit the foregoing for the consideration of the Honorable Court and set the
same for hearing on May 5,2015 at 8:30 o’clock in the morning.

Thank you.

ATTY. ROWELL B. SERRANO

Atty. John Albert Zamar
Counsel for the defendant
Matalahib St. Brgy. Mabinit
Mairas City

Sir:
Greetings!

Please take Notice that the undersigned shall be submitting the foregoing for
the Consideration of the Honorable Court and will be setting the same for hearing on
May 5, 2014.

Thank you.

ATTY. ROWELL B.
SERRANO

Copy furnished: Via Personal Service

Atty. John Albert Zamar

Counsel for the defendant
Matalahib St. Brgy. Mabinit
Mairas City