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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
BRANCH 5
Tuguegarao City, Cagayan
SPS. PONCIANO and ASELA TACCAD
Plaintiffs,

Civil Case No. 5371

- versus LUCIANO TAMANG and REM LINER,


Defendants.
x----------------------------------------x
MOTION FOR ISSUANCE OF A
WRIT OF EXECUTION
Plaintiff, by counsel, respectfully states:
1. On June 5, 2012, this Honorable Court rendered a
Decision in the above-captioned case, the dispositive
portion of which reads:
WHEREFORE, the appeal is PARTLY GRANTED.
The assailed decision dated June 28, 2007 of
the RTC, Branch 5, Tuguegarao City, Cagayan,
in Civil Case No. 5371, is AFFIRMED with
MODIFICATION to read, viz:
WHEREFORE,
judgment
is
finding the defendants solidarily
damages for the wrongful death
Taccad and are ordered to pay the
amounts:

rendered,
liable in
of Sheila
following

1. Fifty Thousand (P50,000.00) Pesos


as civil indemnity for the death of
Sheila Taccad;
2. Twenty Five Thousand (P25,000.00)
Pesos as temperate damages;
3. Fifty Thousand (P50,000.00) Pesos
as moral damages;
4. Forty Thousand (P40,000.00) Pesos
as exemplary damages; and
5. Fifty Thousand (P50,000.00) Pesos
as attorneys fees; and cost of this
suit.
SO ORDERED.

2. To date, no appeal has been perfected by the


defendant and the period to file the same has already
expired.
3.

Pursuant then to Rule 39 of the 1997 Rules of Civil


Procedure and considering that the period to file
appeal has already expired, there is a need for this
Honorable Court to issue a Writ of Execution to enforce
and implement its above-cited Decision.

WHEREFORE, plaintiff, by counsel, respectfully prays that


this Honorable Court ISSUE a Writ of Execution to carry out its
Decision dated June 5, 2012.
Other reliefs just and equitable are likewise prayed for.
Tuguegarao City, Cagayan. June 7, 2013.
ATTY. MILA CATABAY-LAUIGAN
MCLE Compliance No. III - 0020230
IBP LIFETIME NO. 000687
issued on Dec. 31, 1996
PTR NO. 1165216
Issued on 01-04-13
Roll No. 40374
The Clerk of Court
Regional Trial Court
Branch 5
Tuguegarao City, Cagayan
Greetings!
Please set the foregoing motion for hearing on June 25, 2013 at
9:00 AM.
ATTY. MILA CATABAY-LAUIGAN
Atty. Constantino B. Consigna
No. 27 Maharlika Highway, Carig
Tuguegarao City, Cagayan
Greetings!
Please take notice that the foregoing motion has been requested
by the undersigned counsel for the plaintiff to be set for hearing on
June 25, 2013 at 9:00 AM.

ATTY. MILA CATABAY-LAUIGAN


Copy furnished by Registered Mail:
Atty. Constantino B. Consigna

No. 27 Maharlika Highway, Carig


Tuguegarao City, Cagayan

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