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 attorney’s 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 defendant’s 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 attorney’s 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
Attorney’s 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 o’clock 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
Attorney’s 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