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The motion summarizes a previous court case where the defendants were found solidarily liable for damages resulting from a wrongful death. It requests that the court issue a writ of execution to enforce its earlier decision awarding the plaintiffs 50,000 pesos in civil indemnity, 25,000 pesos in temperate damages, 50,000 pesos in moral damages, 40,000 pesos in exemplary damages, and 50,000 pesos in attorney's fees, as the period for the defendants to file an appeal has expired. The motion has been set for a hearing on June 25, 2013 at 9:00 AM.
The motion summarizes a previous court case where the defendants were found solidarily liable for damages resulting from a wrongful death. It requests that the court issue a writ of execution to enforce its earlier decision awarding the plaintiffs 50,000 pesos in civil indemnity, 25,000 pesos in temperate damages, 50,000 pesos in moral damages, 40,000 pesos in exemplary damages, and 50,000 pesos in attorney's fees, as the period for the defendants to file an appeal has expired. The motion has been set for a hearing on June 25, 2013 at 9:00 AM.
The motion summarizes a previous court case where the defendants were found solidarily liable for damages resulting from a wrongful death. It requests that the court issue a writ of execution to enforce its earlier decision awarding the plaintiffs 50,000 pesos in civil indemnity, 25,000 pesos in temperate damages, 50,000 pesos in moral damages, 40,000 pesos in exemplary damages, and 50,000 pesos in attorney's fees, as the period for the defendants to file an appeal has expired. The motion has been set for a hearing on June 25, 2013 at 9:00 AM.
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