Scribd Logo
Upload

Welcome to Scribd!

  • 67 views

    Motion For Issuance of Injunction

    Uploaded by

    MarianoFlores
    This document is a motion filed by plaintiff Mariano P. Flores requesting the court allow the late submission of a motion for a writ of preliminary mandatory injunction. Flores had filed a case for forcible entry and damages but missed the 5 day deadline to request the writ due to financial constraints preventing timely mailing of the motion. The plaintiff argues allowing the late submission would be in the interest of justice, and provides explanations for the delay and notice that the motion will be submitted for consideration on December 21.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Motion For Issuance of Injunction

    Uploaded by

    MarianoFlores
    67 views3 pages
    This document is a motion filed by plaintiff Mariano P. Flores requesting the court allow the late submission of a motion for a writ of preliminary mandatory injunction. Flores had filed a case for forcible entry and damages but missed the 5 day deadline to request the writ due to financial constraints preventing timely mailing of the motion. The plaintiff argues allowing the late submission would be in the interest of justice, and provides explanations for the delay and notice that the motion will be submitted for consideration on December 21.

    Original Title

    MOTION FOR ISSUANCE OF INJUNCTION.doc

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is a motion filed by plaintiff Mariano P. Flores requesting the court allow the late submission of a motion for a writ of preliminary mandatory injunction. Flores had filed a case for forcible entry and damages but missed the 5 day deadline to request the writ due to financial constraints preventing timely mailing of the motion. The plaintiff argues allowing the late submission would be in the interest of justice, and provides explanations for the delay and notice that the motion will be submitted for consideration on December 21.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    67 views3 pages

    Motion For Issuance of Injunction

    Uploaded by

    MarianoFlores
    This document is a motion filed by plaintiff Mariano P. Flores requesting the court allow the late submission of a motion for a writ of preliminary mandatory injunction. Flores had filed a case for forcible entry and damages but missed the 5 day deadline to request the writ due to financial constraints preventing timely mailing of the motion. The plaintiff argues allowing the late submission would be in the interest of justice, and provides explanations for the delay and notice that the motion will be submitted for consideration on December 21.

    Copyright:

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

    Republic of the Philippines

    FIRST JUDICIAL REGION


    METROPOLITAN TRIAL COURT IN CITIES
    Branch ___
    Urdaneta City, Pangasinan
    -o0o-

    MARIANO P. FLORES, Civil Case No. ______


    Plaintiff,
    For: Action for Forcible Entry
    and Damages with a Prayer
    for issuance of Temporary
    Restraining Order (TRO)

    -versus-

    JAIME DELIZO, ESTELITA


    DELIZO, and all other persons
    claiming rights under her,
    Defendants.
    x------------------------------------------x

    MOTION TO ADMIT HEREIN ATTACHED


    MOTION FOR ISSUANCE OF WRIT OF
    PRELIMINAR MANDATORY INJUNCTION

    Plaintiff-Movant Mariano P. Flores, by himself and unto this


    Honorable Court, most respectfully states that:

    1) On November 23, 2020, the undersigned Plaintiff filed a Motion


    to Litigate as Indigent with attached Complaint for Forcible
    Entry and Damages with a Prayer for Issuance of Temporary
    Restraining Order through LBC;

    2) The aforementioned motion with attached complaint was received by


    this Honorable Court on November 25, 2020;

    3) Rule 70 of the Rules of Civil Procedure provides:

    “SEC. 15. Preliminary injunction. The court may grant preliminary


    injunction, in accordance with the provisions of Rule 58 hereof, to
    2

    prevent the defendant from committing further acts of dispossession


    against the plaintiff.

    A possessor deprived of his possession through forcible entry or


    unlawful detainer may, within five (5) days from the filing of the
    complaint, present a motion in the action for forcible entry or
    unlawful detainer for the issuance of a writ of preliminary
    mandatory injunction to restore him in his possession. The court
    shall decide the motion within thirty (30) days from the filing thereof.
    (3a)

    4) Thus, herein plaintiff has until December 01, 2020 considering that
    November 30, 2020 is a holiday;

    5) However, due to financial constraint brought about by his indigency,


    the undersigned plaintiff suffered difficulty in raising money for
    mailing expenses through LBC that is why he failed to file his Motion
    for Issuance of Writ of Preliminary Mandatory Injunction on time;

    6) Plaintiff-Movant Mariano P. Flores now seeks the benevolence of this


    Honorable Court to allow the submission of herein attached Motion
    for Issuance of Writ of Preliminary Mandatory Injunction in the
    pursuit of higher interest of justice.

    7) The undersigned Plaintiff-Movant humbly submits that this motion is


    made in good faith, and that there was no intent to delay on his part;

    WHEREFORE, premises considered, Plaintiff-Movant Mariano P.


    Flores respectfully prays that this Honorable Court allow the submission of
    his Motion for Issuance of Writ of Preliminary Mandatory Injunction in
    the pursuit of higher interest of justice.

    Other relief and remedies, just and equitable under the premises and
    law are likewise prayed for.

    City of Manila for Urdaneta City Pangasinan, December 8, 2020.

    MARIANO P. FLORES
    Plaintiff-Movant

    Copy furnished:
    3

    JAIME DELIZO AND ESTELITA DELIZO


    Zone 1, Labit Proper, Urdaneta City, Pangasinan

    NOTICE OF HEARING

    THE CLERK OF COURT


    MTCC, Urdaneta City, Pangasinan

    JAIME DELIZO AND ESTELITA DELIZO


    Zone 1, Labit Proper, Urdaneta City, Pangasinan

    Greetings:

    Please take notice that the undersigned plaintiff will submit this
    Motion to Admit with Attached Motion for Issuance of Writ of Preliminary
    Mandatory Injunction for the consideration of this Honorable Court on
    December 21, 2020 at 8:30 in the morning.

    MARIANO P. FLORES
    Plaintiff-Movant

    EXPLANATION

    Filing and a copy of this Motion for Issuance of Writ of Preliminary


    Mandatory Injunction was filed to this Honorable Court and served to
    other parties by LBC due to distance constraint.

    MARIANO P. FLORES
    Plaintiff-Movant

    You might also like