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MOTION FOR WRIT OF EXECUTION

THE PLAINTIFFS, by counsel, respectfully state:

1. On 2 May 2008 this Honorable Court issued a DECISION in the abovecaptioned case, finding
for the herein plaintiffs.

A certified true copy of the said Decision is attached as Annex “A” hereof, with submarkings.

2. On 17 February 2016 the Court of Appeals (13th Division) issued a DECISION in CA GR CV


No. xxx, “affirm(ing) with modifications” the aforecited Decision, dated 2 May 2008, of this
Honorable Court.

A certified true copy of the said Decision, dated 17 February 2016, of the Court of Appeals is
attached as Annex “B” hereof, with submarkings.

3. On 17 June 2016 the Court of Appeals (13th Division) issued a RESOLUTION denying the
Motion for Reconsideration of the defendant xxx Bank Inc.. (xxx).

A certified true copy of the said RESOLUTION is attached as Annex “C” hereof, with
submarkings.

4. On 17 September 2016 the Supreme Court (3rd Division) issued a RESOLUTION in GR No.
xxx entitled “xxx Bank Inc. vs. Spouses xxx and xxx and xxx Insurance Inc.”, DENYING the
Petition for Review on Certiorari filed by the defendant xxx.

A certified true copy of the said RESOLUTION is attached as Annex “D” hereof, with
submarkings.

5. On 7 December 2016 the Supreme Court (3rd Division) issued a RESOLUTION DENYING
WITH FINALITY the Motion for Reconsideration filed by the defendant xxx.
A certified true copy of the said RESOLUTION is attached as Annex “E” hereof, with
submarkings.

6. On 7 December 2016 the Judicial Records Office of the Supreme Court issued an ENTRY OF
JUDGMENT quoting in full the aforecited RESOLUTION, dated 7 December 2016, of the
Supreme Court (3rd Division).

A certified true copy of the said ENTRY OF JUDGMENT is attached as Annex “F” hereof, with
submarkings.

7. On 1 June 2017 the undersigned counsel for the herein plaintiffs wrote the Office of the Clerk
of Court of the Court of Appeals to TRANSMIT the record of this case back to this Honorable
Court for purposes of Execution.

The duplicate original copy of the said Letter, dated 1 June 2017, bearing the official
acknowledgement receipt stamp of the Court of Appeals, is attached as Annex “G” hereof, with
submarkings.

8. 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”.

The certified true copies of the required documents are attached to this motion as Annex “A” to
Annex “F”.
9. Section 8 (e) of Rule 39 provides that “in all cases, the writ of execution shall specifically state
the amount of the interest, costs, damages, rents, or profits due as of the date of the issuance of
the writ, aside from the principal obligation under the judgment” and that “for this purpose, the
motion for execution shall specify the amounts of the foregoing reliefs sought by the movant”.

10. The DECISION, dated 2 May 2008, of this Honorable Court made the following awards in
favor of the herein plaintiffs (Annexed “A-26 to A-27”):

(a) Moral damages – P100,000.00;


(b) Exemplary damages – P100,000.00;
(c) Attorney’s fees - P210,429.76;
(d) Litigation expenses - P100,000.00;
(e) Costs of suit

11. The DECISION, dated 17 February 2016, of the Court of Appeals (13th Division) ruled as
follows (Annex “B-12”):

(a) It “affirmed with modifications” the Decision, dated 2 May 2008, of this Honorable Court;
(b) It reduced the award of attorney’s fees to P100,000.00;
(c) It deleted the award of litigation expenses;
(d) It affirmed the award of moral damages of P100,000.00;
(e) It affirmed the award of exemplary damages of P100,000.00; and
(f) It affirmed the award of costs of suit.

No interest was awarded both by this Honorable Court and the Court of Appeals.

As per the latest existing jurisprudence, the interest shall commence to run from finality of the
judgment, which was on 7 December 2016 (Annex “F-1”).
The latest jurisprudence imposes an annual interest of 6% per annum, which is the new rate since
July 1, 2013, as per a 2013 BSP Circular[1] issued in that year.

The judgment awards become a forbearance of money from the date of the finality thereof on 7
December 2016.[2]

WHEREFORE, premises considered, it is respectfully prayed that, after notice and hearing, a
WRIT OF EXECUTION be issued to enforce the DECISION, dated 2 May 2008 of this
Honorable Court (Annex “A”), as affirmed with modifications by the DECISION, dated 17
February 2016, of Court of Appeals (Annex “B”) and pursuant to the ENTRY OF JUDGMENT
issued by the Supreme Court (Annex “F”).

FURTHER, the plaintiffs respectfully pray for such and other reliefs as may be deemed just and
equitable in the premises.

Xxx City, xxx 2017.