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Republic of the Philippines

Third Judicial Region


MUNICIPAL TRIAL COURT IN CITIES
City of San Jose del Monte
Province of Bulacan
Branch 3

ANITA SIY and MANUEL O,


                                      Plaintiffs,
                                                                 Civil Case No. 008-SJ-2015
                - versus - For: Unlawful Detainer
                                              
HERMINIGILDO MANALASTAS
TOLENTINO alias ‘HERMINILGILDO
MANALASTAS” and/or “JUN
TOLENTINO” and all persons
Occupying and claiming rights under him,
                                    Defendants.
x - - - - - - - - - - - - - - - - - - - - -x
MOTION TO REVIVE

COMES NOW, ROBERTO R. GAMEZ, by himself, and unto this


Honorable Court most respectfully avers that:

1. Plaintiffs ANITA SIY and MANUEL O filed a civil case for


Unlawful Detainer against HERMINIGILDO MALASTAS
TOLENTINO before this Honorable Court docketed as Civil
Case No.:008-SJ-2015. Plaintiffs executed a SPECIAL POWER
OF ATTORNEY in favor of the undersigned. Said SPA is
attached hereto as Annex “A”;

2. On July 20, 2015, a Compromise Agreement was executed


between the plaintiffs and the defendants which was duly
approved by the Honorable Court on December 7, 2015; The
copy of the Compromise Agreement dated July 20, 2019 is
hereto attached as Annex “B”;

3. Consequently, the instant case was submitted for Decision and


was decided in favor of the plaintiffs. The case was
provisionally dismissed in the condition that parties will
faithfully comply with the terms and conditions of the
compromise agreement. Copy of the said Decision is hereto
attached as Annex “C”;
4. However, defendants never complied with the terms of the
agreement despite mutually and voluntarily concurring the
same;

5. According to the Compromise Agreement, in the event the


defendant fails to comply on the agreement, the case will push
through as agreed by both parties;

6. In view of which, the plaintiffs, through their attorney-in-fact,


move that the instant case be revived and set the same for
hearing for its speedy disposition.
PRAYER

Wherefore, premises considered, herein plaintiff prays to this


Honorable Court to revive the case and that this motion be given due
course.

Other reliefs just and equitable under the premises are likewise
prayed for.
         17 July 2019. City of San Jose del Monte, Bulacan.

                                                             ROBERTO R. GAMEZ

Copy furnished:

HERMINIGILDO M. TOLENTINO
Blk 12 Ext. Gumaok West,
City of San Jose del Monte, Bulacan

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


MTCC- Branch 3
City of San Jose del Monte

GREETINGS:

Please be informed that the undersigned has set the foregoing


motion for hearing on August 19, 2019, 8:30 am or a date most
convenient to the calendar of the Honorable Court.

ROBERTO R. GAMEZ

Republic of the Philippines )


City of San Jose Del Monte ) S.S
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING

I, ROBERTO R. GAMEZ, of legal age, both Filipinos, with


mailing address at Del Monte, Bulacan, after having been duly sworn
in accordance with law, deposes and states that:

1. I am the Plaintiff in the above entitled case;


2. I caused the preparation of the foregoing Motion;
3. That I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge and/or
on the basis of copies of documents and records in my
possession;
4. I have not commenced any other action or proceeding
involving the same issues;
5. To the best of my knowledge and belief, no such action or
proceeding is pending. Should I thereafter learn that a similar
action or proceeding has been filed or is pending before any
court, or any other tribunal or agency, I undertake to report
that fact within five (5) days.

ROBERTO R. GAMEZ
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of


_________ 2019 at City of San Jose Del Monte, Bulacan, affiant
exhibiting to me his Identification with pictures.

NOTARY PUBLIC

Doc. No.______;
Page No. _____;
Book No. _____;
Series of 2019.

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