REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION CALOOCAN CITY BRANCH 83 YELLOW BALL FREIGHT LINES, INC., Plaintiff, CIVIL CASE NO: 19-31760 FOR FORCIBLE ENTRY AMADOR DOMINGO BONIFACIO a.k.a AND PRELIMARY BONIFACIO RIVERA, ARSENIO. C ION BONIFACIO, CORAZON SOPANG Go, MANDATORY Nee SHARMAINE PAULA GO CHUYACO, MODESTA ANGELES, — NEGSON SECURITY AGENCY and their Family, Successors, gns and All Persons Occupying and Claiming Rights and Ownership of the Subject Properties Defendants. - versus. and/or Issuance of a TRO "SUPPLEMENTAL MOTION | TO IMPLEMENT THE WRIT OF EXECUTION _ | COMES NOW Plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully moves for the implementation of the Writ of Execution and in amplification thereof most respectfully avers THAT: 1. The undersigned counsel filed before the Court a Quo a Motion to implement the Writ of Execution dated July 17, 2020. Further, a Motion to remand the records of the case to Court a Quo or appoint the honorable court’s sheriff for purposes of implementation of Writ of Execution dated July 17, 2020 was also filed by the undersigned before the appellate court; nN . During the hearing of the Motion to remand records or on July 20, 2020, the appellate court issued an order directing themovant to file the appropriate motion with the court a quo, to wit “Finally, the Court hereby DIRECTS plaintiff-appelice to file the appropriate MOTION with the court a quo indicating the factual and legal grounds therefor. While the Court recognizes that the immediate execution of judgment in an ejectment case is imperative, plaintiff-appellee must be mindful of how to avail of the correct remedies in the proper venue.” Copy of the Order dated July 20, 2020 is attached hereto as ANNEX “A” 3. Under the Office of the Court Administrator Circular No. 47- 2019, the execution maybe carried out even before the records of the case remanded to the court of origin, to wit: In Jason v, Judge Ygana', the Court allowed the execution of the Judgment by the court of origin even “before remand to the latter by the appellate court of the records of the case solely on the basis of the certified true copy of the judgment of the appellate court and the entry thereof.” In a similar case, the Court reiterated that “[ulnder the present procedure, the prevailing party can secure certified true copies of the judgment or final order of the appellate court and the entry thereof, and submit the same to the court of origin x x x without waiting for the receipt of the records from the appellate court.” 4. Hence, it is just and proper that the writ of execution issued be immediately implemented; PRAYER 1543. August 4, 2000WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that the writ of execution be immediately implemented OTHER RELIEFS just and equitable are likewise prayed for. September 7, 2020, City of Manila for City of Caloocan, Philippines. By: RAGESAN DIAZ Roll No. 66058 IBP No. 072372/2019/Legazpi City PTR No. 3456798/3019/Legazzi City MCLE Compliane¢ Noy “On process” 1€a583/PPLM/01- 10-2020 PTR No. 9139393/City of Manila/01-10-2020 Roll No. 71173 MCLE Compliance No. VI-0024340/4-8-2019 Counsels for Plaintiff 1917 BC. Arellano St. Sta. Mesa Manila 1016Copy furnished: ATTY. NELSON A. CLEMENTE Counsel for Defendants-Appellants No. 10 Nery St. corner Rosary St., Remmanville Executive Village, Paranaque City 1700 Metro Manila EXPLANATION A copy of this motion was served via electronic mail and speed courier to the other parties due to lack of availab! power to effect personal service. MYKE! [DREW P. RULLODA I+ € @ Antey'A | g NATIONAL CAPETAL JUDICIAL REGION REGIONAL TRIAL COURT 3 Soe & RANCH 232, CALOOCAN CITY YELLOW BALL FREIGHT LINES, INC, Plaintiffs-Appellee, CIVIL CASE NO. C-25720 “versus For: Forcible Entry and Preliminary . Mandatory Injunction and/or Issuance CORAZON SOPANG GO. and Gra TRO SHARMAINE PAULA GO CHUYACO, Defendants-Appellant ORDER It appearing that the instant appealed case is scheduled for Judicial Dispute Resolution and considering that the Court cannot judiciously resolve the case without the complete record, the Motion filed by plaintiff-appellee praying that the record be remanded to the court a quo is DENIED. Plainitiff- appellee is hereby reminded that the appointment of a Special Sheriff (of this Court) to implement the Writ of Execution issued by the court a quo is not warranted by the Rules. A Special Sheriff is appointed in the absence or incapacity of a Branch Sheriff. There no proof that the Branch Sheriff of the Metropolitan Trial Court of Caloocan City, which rendered the Decision in favor of plaintiff-appellee is incapacitated. More importantly, the Writ of Execution should be directed to HIM, and not to the Branch Sheriff of this Court, when the Court granted plaintiff's Motion for Issuance of a Writ of Execution. Verily, the Motion of plaintiff-appellee's counsel is likewise DENIED for lack of legal basis. Finally, the Court hereby DIRECTS plaintiff-appellee to file the appropriate MOTION with the court a quo indicating the factual and legal grounds therefor. While the Court recognizes that the immediate execution of a judgment in an Ejectment case is imperative, plaintiff-appellee must be mindful of how to avail of the correct remedies in the proper venue SO ORDERED. In Chambers, issued this 20" day of July 2020. PKAGINAL SI ROSALIAT. HIPOLT TO-BUNAGAN Presiding Judge Copy tumstes 1 Mykelle Andrew Rulloda ~No 1917 BC Arellano St, Sta. Mesa, Manila ‘Atty Nelson Clemente ~ No. If) Nery St. cor. Rosary St, Remmanville Executive Village, Paratague City 2 3, Yellow Bal Freight Lines, Ine. ~ No. 153 9 Ave.. Caloocan City 4 Corazon Sopang Go ~ Nu. 224 Cordero St, Grace Park, Caloocan City 5 Sharmaine Paula Chuyaco Ga ~ No. 224 Cordero St, Grave Park, Caloocan City ste ceta tee