Republic of the Philippines

MUNICIPAL TRIAL COURT

Second Judicial Region
Gattaran, Cagayan
SPS. NICOLAS SEGURO
ANDSEVERINA SEGURO,

Plaintiffs,

CIVIL CASE NO. 3099

FOR:

-versusSPS. ROGELIO BALORAN

AND ELBELITA BALORAN
Defendants.
x------------------------x

UNLAWFUL
DETAINER AND
DEMOLITION OF
BUILDING

MOTION TO SUSPEND THE EXECUTION OF THE FINAL

ORDER AND TO SET THE SUPERSEDEAS BOND
Movants thru counsel and unto this Honorable Court, most
respectfully moves to suspend the execution of Honorable Courts
decision dated August 28, 2015 during the pendency of appeal,
and alleges:
1. That the decision orders the defendants to 1) vacate the
portion occupied by them containing an area of 365 sq.
meters; 2) demolish a portion of their house occupying the
land in dispute; 3) pay to plaontiffs P100.00 per month as
reasonable compensation for use and enjoyment of the
property from date of Judicial Demand or from date of
receipt of Summons on August 3, 2011; 4) Pay plaintiffs
Attorneys Fees in the amount of P20,000.00 and
appearance fees of P1,000.00 for every hearing; and 5) pay
the costs.
2. That in the even that the defendants prevail on their appeal,
the orders of the Honorable Court would cause irreparable
injury to the defendants considering that defendants house
is made of concrete and the defendants had spent
considerable amount in erecting their house;
3. That the defendants filed the notice of appeal within the
period allowed to file an appeal;
4. That the defendants requests the execution of the final
order to be suspended during the appeal; and
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5. That the defendants request this Honorable Court to fix the

supersedeas bond necessart to stay the execution of
judgment.
WHEREFORE, PREMISES CONSIDERED, the defendants pray
that this Honorable Court enter order:
1. Suspending execution of the final order of the court dated
August 28, 2015;
2. Directing the plaintiffs not to take any steps to enforce or
execute the judgment until all appeals in this case have
been exhausted;
3. Fixing the amount of supersedeas bond necessary to stay
the execution under the rules; and
4. To grant the defendants other reliefs the Honorable Court
may deem just and proper under the circumstances.
Aparri, Cagayan for Gattaran, Cagayan. August 17, 2015.
TUMARU AND TUMARU LAW OFFICES
Suite 115 Ryan Mall, Rizal St., Centro 14
Aparri, Cagayan
By:

5664938/01-05-15
Aparri, Cagayan

09174952763

RAMON V. TUMARU, JR.

IBP No. 946710/01-05-15
Tuguegarao City
PTR
No.
Attorneys Roll No. 19313
MCLE Compliance No. IV-13106/03-04-13
Email add: ramontumarujr@yahoo.com
Tele-Fax No. (078) 888-2943/CP #:

Copy furnished:
ATTY. RONALD A. TOMANENG
De Rivera St., Centro 12,
Aparri, Cagayan

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