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    Alis Writ

    Uploaded by

    Yulo Vincent Panuncio
    This document is a motion filed in court requesting the issuance of an alias writ of execution. It summarizes the procedural history of the case, including a decision in the defendant's favor, an affirmation of that decision, and a Supreme Court resolution. It notes that a previous writ of execution was not complied with by the plaintiffs. The motion cites the relevant rule on applying for a writ of execution and requests that a new alias writ be issued to enforce the prior decision in favor of the defendant.

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    © All Rights Reserved
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    Alis Writ

    Uploaded by

    Yulo Vincent Panuncio
    122 views3 pages
    This document is a motion filed in court requesting the issuance of an alias writ of execution. It summarizes the procedural history of the case, including a decision in the defendant's favor, an affirmation of that decision, and a Supreme Court resolution. It notes that a previous writ of execution was not complied with by the plaintiffs. The motion cites the relevant rule on applying for a writ of execution and requests that a new alias writ be issued to enforce the prior decision in favor of the defendant.

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    This document is a motion filed in court requesting the issuance of an alias writ of execution. It summarizes the procedural history of the case, including a decision in the defendant's favor, an affirmation of that decision, and a Supreme Court resolution. It notes that a previous writ of execution was not complied with by the plaintiffs. The motion cites the relevant rule on applying for a writ of execution and requests that a new alias writ be issued to enforce the prior decision in favor of the defendant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    122 views3 pages

    Alis Writ

    Uploaded by

    Yulo Vincent Panuncio
    This document is a motion filed in court requesting the issuance of an alias writ of execution. It summarizes the procedural history of the case, including a decision in the defendant's favor, an affirmation of that decision, and a Supreme Court resolution. It notes that a previous writ of execution was not complied with by the plaintiffs. The motion cites the relevant rule on applying for a writ of execution and requests that a new alias writ be issued to enforce the prior decision in favor of the defendant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    _________ Judicial Region


    ____________________________________
    _________________

    ________________________. Civil Case No.____


    Plaintiffs,

    -versus- For: Quieting of Title, Recovery of


    Possession and Damages

    _______________
    Defendant.
    x-----------------------------------------/

    MANIFESTATION AND MOTION FOR ISSUANCE OF ALIAS WRIT


    OF EXECUTION

    COMES NOW Defendant-Movant, through the


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

    1. On 16 May 2002 this Honorable Court issued a DECISION


    in the above captioned case, finding for the herein defendant
    and against the plaintiffs.

    A certified copy of said Decision is attached as Annex “A” to


    “Annex A-11” hereof.

    2. On 29 April 2003 the Regional Trial Court Branch _____


    issued a JUDGEMENT “affirm(ing)” the aforecited Decision
    dated 16 May 2002, of this Honorable Court.

    3. On 26 July 2006 the Supreme Court (2nd Division) issued


    a RESOLUTION and were served upon the plaintiffs on 27 May
    2010 xxx.

    4. On 9 June 2010_______________ then Sherriff IV of the Office


    of the _______________________ submitted a Sherriff’s Return of
    Service of Writ of Execution with a report that the plaintiff
    refuse to reconvey in favor of the defendant.

    A photocopy of the Sherriff’s Return of Service of Writ of


    Execution is attached as Annex “B” hereof.
    5. On 17 December 2019 the defendant wrote the Office of the
    __________________ a as to the status of the writ of execution in
    her favor.

    A photocopy of the letter is attached as Annex “C” hereof.

    6. However, in a letter of response dated 17 December 2019.


    It was conveyed that the jurisdiction to issue writ of execution
    lies now with this Honorable Court for purposes of Execution
    and further issued a Certification that their office has no
    record of Writ of Execution in Civil Case No. ___.

    The copy of the said Letter and Certification dated 17


    December 2019 and 18 December 2019, respectively are
    attached as Annex “D” and Annex “E” hereof.

    7. Section 1, RULE 39 (Execution, Satisfaction and Effect of


    Judgments), of the 1997 Rules of Civil Procedure, inter alia,
    provides that “if the appeal has been duly perfected and finally
    resolved, the execution may forthwith be applied for in the
    court of origin, on motion of the judgment obligee, submitting
    therewith certified true copies of the judgment or judgments
    or final order or orders sought to be enforced and of the entry
    thereof, with notice to the adverse party”.

    It provides that the motion for writ of execution may be filed


    with and acted upon by the court of origin even while the
    record of the case is still with the appellate court or is in the
    process of being transmitted to the court of origin, provided,
    that the movant/judgment oblige formally applies for such a
    writ of execution “in the court of origin, submitting therewith
    certified true copies of the judgment or judgments or final
    order or orders sought to be enforced and of the entry thereof,
    with notice to the adverse party”.

    PRAYER

    WHEREFORE, premises considered, it is respectfully prayed


    that, after notice and hearing, an ALIAS WRIT OF EXECUTION
    be issued to enforce the DECISION, dated 16 May 2002 of this
    Honorable Court (Annex “A”), as affirmed by RESOLUTION by
    the Supreme Court 2nd Division dated 26 July 2006, Second
    Division of Supreme Court.

    FURTHER, the defendant-movant respectfully pray for such


    and other reliefs as may be deemed just and equitable in the
    premises.
    City of Ilagan, Isabela, 06 January 2020.
    With my conformity:

    Copy furnished:

    NOTICE OF HEARING

    Greetings:

    Please take notice that the undersigned counsel submits the


    foregoing motion for the consideration and approval of this Honorable
    Court. Thank you.

    EXPLANATION

    Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil


    Procedure, as amended, the undersigned respectfully informs that
    service of this motion to the other party was made through registered
    mail due to distance and lack of personnel to effect personal service.

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