Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch 62
La Trinidad, Benguet

RAMON ONG,
Plaintiff, CIVIL CASE No. 09-CV-2582

-vs-

SPS. BENEDICT MANUEL and

SANDRA MANUEL,
Defendants,
x--------------------------------------------x

MOTION FOR EXECUTION

PLAINTIFF, by and through the undersigned counsel, and unto the

Honorable Court, most respectfully state that:

1. This case was decided in favor of the Plaintiff by the Honorable Court
last December 4, 20111, the dispositive portion of which provide to wit:

“WHEREFORE, in view of all the foregoing, judgment is hereby

rendered in favor of the plaintiff and against the defendants.

Defendants Benedict and Sandra Manuel are hereby ordered to

immediately and permanently vacate the property covered by and
described in Transfer Certificate of Title No. T-5281 in the name of
Plaintiff Ramon Ong and to remove at their own expense, all their
improvements found thereon. Defendants are also ordered to
reimburse the plaintiff actual damages in the form of attorney’s fees in
the amount of Php. 50,000.00 with additional Php 2,000.00 for each
court appearance of plaintiff’s counsel.”

2. No Motion for Reconsideration or Appeal was filed by the Defendant

instead they filed a Petition for Certiorari under Rule 65 to the Court of
Appeals assailing the June 28, 2010 order of the Honorable Court
declaring Defendants in Default, the November 30, 2010 order Denying

1
Annex “A”
 Defendant’s Motion to Lift Order of Default, and the February 16, 2011
order denying their Motion for Reconsideration.

3. The Honorable Court of Appeals Dismissed the Petition and sustained

the November 30, 2010 and February 16, 2011 orders of this Honorable
Court in a Decision dated June 28, 2012.

4. Defendants then filed a Motion for Reconsideration over the said

Decision which was denied by the Honorable Court of Appeals in an
order dated December 19, 2012.

5. Defendants elevated the case to the Honorable Supreme Court

through a Petition for Review on Certiorari which was again denied
affirming the June 28, 2012 and December 19, 2012 resolution of the
Court of Appeals. A copy of the Decision is hereto attached as Annex
“B”.

6. The decision had hence since became final and executory, a copy of the
Entry of Judgment is hereto attached as Annex “C”.

7. Thus having no doubt on the correctness of this Honorable Court’s

Decision, plaintiff through counsel now move for the execution of the
said decision.

RELIEF
WHEREFORE, premises considered it is respectfully prayed for that a writ
of execution be issued to enforce the decision of this Honorable Court’s order
dated December 4, 2011.

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

Baguio City, Philippines, this 30th day of April 2015.

CHRISTOPHER D. DONAAL
Privilege Tax Receipt No. 2012966; 06 January 2015
IBP Lifetime No. 06875, Mt. Province Chapter
Roll of Attorneys No. 52587; 12 May 2006
MCLE Compliance No. IV-0020927; 20 June 2013
09396417682
Notice:

The Honorable Clerk of Court

Regional Trial Court Branch 62
La Trinidad Benguet

Greetings!

Please submit the foregoing for the consideration of the Honorable Court
and set the same for hearing on May 5,2015 at 8:30 o’clock in the morning.

Thank you.

Christopher Donaal

Atty. Leoncio L. Alangdeo

Counsel for Defendants
Rm. 16, 2/F Old Market Bldg.
Magsaysay Avenue, Baguio City

Sir:
Greetings!

Please take Notice that the undersigned shall be submitting the

foregoing for the Consideration of the Honorable Court and will be setting
the same for hearing on May 5, 2014.

Thank you.

Christopher Donaal

Copy furnished: Via Personal Service

Atty. Leoncio L. Alangdeo

Counsel for Defendants
Rm. 16, 2/F Old Market Bldg.
Magsaysay Avenue, Baguio City