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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


10th Judicial Region
Branch 1
Cagayan de Oro City

GEORGE W. QUIMPO, Civil Case No.C8-July-373


Plaintiff,

-versus- For: FORCIBLE ENTRY WITH


PRAYER FOR PRELIMINARY
MANDATORY/PROHIBITORY
INJUNCTION

RAUL JABIEN,
Defendant.
x-----------------------------------------/

MOTION FOR THE ISSUANCE OF


WRIT OF EXECUTION

COMES NOW Plaintiff, through counsel and unto this


Honorable Court most respectfully submits this Motion for
the Issuance of Writ of Execution and in amplification thereof
most respectfully aver:

1. That this is a case for Forcible Entry with Prayer for


Preliminary Mandatory/Prohibitory Injunction, filed by
plaintiff with this Honorable Court wherein Judgment
DATED December 1, 2010, was made in favor of
plaintiff, the dispositive portion of which provides:

WHEREFORE, Judgment is hereby


rendered in favor of plaintiff ordering defendant
RAUL JABIEN, his heirs, assigns, successors-in-
interest, guests or any occupants on the subject
premises with the permission of defendant to
immediately vacate the property subject hereof
covered by TCT No. T-25801 and turn-over
possession of the same plaintiff.
Defendant is further ordered to (a) pay
plaintiff the reasonable monthly compensation of
P5,000.00 starting December 1, 2007 until
defendant shall have actually vacated the same
(b) pay attorneys fees of P10,000.00, and (c)
costs of suit.

Pursuant to Section 19, Rule 70 of the Rules


of Court, execution shall immediately issue upon
motion unless an appeal has been perfected and
the defendant to stay execution files a
supersedeas bond in the sum of One Hundred
Ninety thousand (P190,000.00) Pesos approved by
this court and executed in favour of plaintiff to pay
the rents, damages and costs accruing to the time
of this judgment.

SO ORDERED.

2. That this case was appealed by defendant with the


Regional Trial Court of Misamis Oriental which Denied
the Appeal through an Order dated April 19, 2011, the
dispositive portion of which provides:

WHEREFORE, the appeal is ordered


DISMISSED as it is hereby DISMISSED for failure of
the defendant-appellant to submit memorandum
as required by law

SO ORDERED.

3. That the reglementary period to file an appeal or other


post-judgment remedies has already lapsed, thereby
rendering judgment final and executory. Hence, it is
proper and prayed that a writ of execution be issued by
this Honorable Court to protect the interest of the
plaintiff and prevent unfairness and unjust enrichment
on defendants part.

PRAYER
WHEREFORE, premises considered, it is most
respectfully prayed unto this Honorable Court that a Writ of
Execution be issued directing the defendants: to vacate the
property subject hereof covered by TCT No. T-25801 and
turn-over possession of the same plaintiff; to pay plaintiff the
reasonable monthly compensation of P5,000.00 starting
December 1, 2007 until defendant shall have actually
vacated the same; and to pay attorneys fees of P10,000.00,
and costs of suit.

OTHER RELIEFS just and equitable are likewise prayed


for.
December 18, 2014, Cagayan de Oro City, Philippines.

GREGORIO MIGUEL H. PALLUGNA


Collaborating Counsel for the Plaintiff
PALLUGNA & PALLUGNA LAW OFFICE
Borromeo Bldg., Tomas Saco St, Cagayan de Oro City
Attorneys Roll No. 62716
IBP No. 968992 (04/25/14) Mis. Or. Chapter
PTR No. 2577745(05/14/14)
Issued both in Cagayan de Oro City
Commission No. NC-2014-135

NOTICE OF HEARING
(Copy furnished)

BRANCH CLERK OF COURT


MTCC Branch 1
Cagayan de Oro City

ATTY. FERMENTO P. DABLO


Counsel for Defendants
#21 V, Neri St., Carmen
9000 Cagayan de Oro City

Greetings!

Please take notice that the undersigned counsel


submits the foregoing motion for the consideration and
approval of this Honorable Court on January 16, 2015 at
8:30 oclock in the morning. Thank you.

GREGORIO MIGUEL H. PALLUGNA


Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
10th Judicial Region
Branch 1
Cagayan de Oro City

GEORGE W. QUIMPO, Civil Case No.C8-July-373


Plaintiff,

-versus- For: FORCIBLE ENTRY WITH


PRAYER FOR PRELIMINARY
MANDATORY/PROHIBITORY
INJUNCTION

RAUL JABIEN,
Defendant.
x-----------------------------------------/

ENTRY OF APPEARANCE

COMES NOW undersigned counsel, and unto this

Honorable Court most respectfully enters his appearance as

counsel for the Plaintiff George W. Quimpo in relation to the

above-entitled case.

WHEREFORE, premises considered, the undersigned

counsel respectfully prays of this Honorable Court that this

entry of appearance as counsel for the said Plaintiff be noted

on record and prays that he be furnished with all copies of

orders and other processes of this Honorable Office.


OTHER RELIEFS just and equitable are likewise prayed

for.

December 18, 2014, Cagayan de Oro City, Philippines.

GREGORIO MIGUEL H. PALLUGNA


Collaborating Counsel for the Plaintiff
PALLUGNA & PALLUGNA LAW OFFICE
Borromeo Bldg., Tomas Saco St, Cagayan de Oro City
Attorneys Roll No. 62716
IBP No. 968992 (04/25/14) Mis. Or. Chapter
PTR No. 2577745(05/14/14)
Issued both in Cagayan de Oro City
Commission No. NC-2014-135

With my conformity:

GEORGE W. QUIMPO
Plaintiff

Copy Furnished:

BRANCH CLERK OF COURT


MTCC Branch 1
Cagayan de Oro City

ATTY. FERMENTO P. DABLO


Counsel for Defendants
#21 V, Neri St., Carmen
9000 Cagayan de Oro City