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
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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:
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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