REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 1, MANILA CITY

PEOPLE OF THE PHILIPPINES CASE NO.

Plaintiff-Appellee, 152275-R-R00-00
152276-R-R00-00
152277-R-R00-00
152278-R-R00-00

- versus - FOR: VIOLATION OF BATAS

PAMBANSA BLG. 22 (4
MR. ALEXANDER C. BACQUIAL
Accused-Appellant. COUNTS)

x-------------------------------------------------x

MOTION TO APPOINT SPECIAL SHERIFF

COMES NOW, Plaintiff-Appellee, through the undersigned counsel and

unto this Honorable Court most respectfully states that:

1. This case was decided on appeal in favor of the Plaintiff by the

Regional Trial Court Branch 58, Cebu City last October 10, 2022 1, which
affirmed in toto the decision of Municipal Trial Court in Cities Branch 3, Cebu
City dated January 14, 2022, the dispositive portion of which provide to wit:

“WHEREFORE, for failure of the prosecution to prove beyond reasonable

doubt all elements of violation of B.P. 22 as stated in the four information,
the Court finds Accused Alexander Bacquial Not Guilty on all four (4)
counts of the offense charged.

But, there being preponderance of evidence to hold Accused Bacquial

civilly liable, he is ordered to pay the Private Complainant Jason King the
sum of P1,100,000.00, representing the total value of the four checks, to
bear legal interest rate of twelve percent (12%) interest per annum,
reckoned from when the checks became due as shown by their respective
date until 30 June 2013, and six percent (6%) per annum from 1 July 2013
until full payment.

The Court likewise orders Accused Bacquial to pay Private Complainant

the sum of P17,857.00, the cost of filing these instant cases.

No pronouncement as to costs.”

1
A copy of the Decision is hereto attached as Annex “A”.

Page | 1
 2. The Decision became final and executory on April 1, 2024, in
accordance with the Order2 and Entry of Judgment3 issued by the Regional Trial
Court Branch 3, Cebu City and which was received by the Counsel of the Private
Complainant on April 16, 2024.

3. As the party in need, the enforcement is currently impeded by

significant logistical challenges, including the great distance to the residence of
the accused located in Unit A-9 Otis 888 Residences, Paz Guanzon, Paco, 1000,
Manila City, which poses difficulties in timely execution.

4. Pursuant thereto and considering that the Accused-Appellant reside

in Paco, Manila City, it is deemed practical to appoint the Sheriff of the Regional
Trial Court of Manila City, National Capital Region as a Special Sheriff for the
purpose of serving the summons upon the Accused-Appellant.

PRAYER

WHEREFORE, premises considered, plaintiff respectfully prays that the

Honorable Court issue an order:

1. Appointing the Clerk of Court and Ex-Officio Sheriff of the Regional

Trial Court Branch 1 of Manila City, National Capital Region, and his/her
deputy/ies as Special Sheriff/s to serve the summons upon the Accused-
Appellant.

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

Cebu City, Philippines. July 17, 2024.

MAAMO LLEVE AND ANCERO LAW OFFICES

Counsel for the Private Complainant
Rm. 202, Oftana Bldg.
Jasmin St., Capitol Site, Cebu City
Contact Nos. 235-706 / 0917-706-2579
maamolawfirm@yahoo.com

By:

RENATO P. MAAMO
2
A copy of the Order is hereto attached as Annex “B”.
3
A copy of the Entry of Judgment is hereto attached as Annex “C”.

Page | 2
 PTR No. 12027 49 / 12-27-23/Cebu Province
IBP No. 375670 / 12-27-23/Cebu Chapter
Roll No. 44647
MCLE No. VII-0024965/11-8-22/Pasig City
maamolawfirm@gmail.com

Copy furnished:
HON. TITA BUGHAO ALISUAG
Presiding Judge
Manila City Hall, Gat Antonio Villegas St.,
Brgy. 659-a District V, Zone 71, Ermita,
Manila City
rtc1mnl001@judiciary.gov.ph

Page | 3