REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch xxx, xxxxx

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Criminal Case Nos.: xxxxxxxxxxx

xxxxxxxxxxxxx,
Defendant.
x---------------------------------------------x

MOTION FOR EXECUTION

The Private Complainant xxxxx (“xxx”), by counsel, and unto this

Honorable Court, respectfully moves:

1. On xxxx, the Honorable Court rendered the Compromise

Judgment in the instant case. In the Compromise Judgment, the Honorable
Court adopted the agreement of the parties with the following salient
conditions;

“1. xxx shall pay xxx xxx PESOS (Phpxxx,000,000.00)

(hereinafter the “Settlement Amount”) in accordance with the
schedule of payment to wit; xxx

3. In the even that xxx fails to pay any installment of the Settlement
Amount in accordance with the schedule set forth in paragraph 1,
xxx shall be given a non-extendible five (5) days to pay in cash or
Manager’s Check to xxx the outstanding and due installment
Amount.

4. Should xxx fail to pay xxx within the grace period as indicated in
paragraph 2 [sic], the entire Settlement Amount less actual
payments made by xxx shall immediately become due and
demandable without the necessity of further demand or notice, and
xxx shall be entitled to the immediate issuance of a Writ of
Execution by the Court against xxx for the outstanding balance
remaining on the Settlement Amount plus legal interest per annum
until fully paid. xxx”1

1
Attached herewith is a copy of the Compromise Judgment dated xxx and marked as Annex “A”.
 2. The Compromise Judgment further provides that the
Defendant’s failure to pay two (2) consecutive installments shall entitle xxx
to apply for a 1% interest per month and a writ of execution.

3. In accordance with the Compromise Judgment, the

Defendant/Accused xxx (the “Defendant”) issued the following relevant
checks with the corresponding amounts2;

Check No. Date Amount

Total Amount

4. The aforesaid checks were all dishonored upon presentment

after its due date for being drawn against insufficient funds (“DAIF”).3

5. xxx, through counsel, sent Demand Letters to the Defendant’s

counsel and Defendant, which they both received on xxx5.
4

6. Despite receipt of the Demand Letter, the Defendant failed to

pay in cash or Manager’s Check to xxx the outstanding and due
installment amounts.

7. By virtue of the Compromise Judgment, xxx respectfully moves

that a Writ of Execution for the amount of xxx Pesos (Phpxxx,000,000.00)
plus the corresponding 1% interest per month after Defendant’s failure to
pay two (2) consecutive installment amounts.

PRAYER

WHEREFORE, premises considered, Private Complainant xxx

respectfully prays that a Writ of Execution be issued against
Defendant/Accused xxx to satisfy the Compromise Judgment dated 3
August 2020 and effect the full payment of the outstanding settlement
amount of xxx Pesos (Phpxxxx,000,000) plus the corresponding 1% interest

2
The Defendant issued two (2) other checks for the balance payable on or xxxxxx.
3
Copies of the four (4) Checks are marked as Annexes “B-1” to “B-4”, respectively. The markings on the said
checks indicating the same was drawn against insufficient funds or DAIF when presented for payment are
sub-marked as Annexes “B-1-A”, ““B-2-A”, “B-3-A” and “B-4-A”, respectively.
4
The records will show that said counsel withdrew as the Defendant’s counsel after its receipt of the
Demand Letter.
5
Attached herewith are copies of the Demand Letter(s) received by xxx and his counsel and marked as
Annexes “C” and “D”, while the proof of receipt thereof are sub-marked as Annexes “C-1” and “D-1”,
respectively.
per month after Defendant’s failure to pay two (2) consecutive installment
amounts.

Private complainant prays for other reliefs and remedies just and
equitable under the premises.

Makati City, ________ 2021.

[counsel]

Copy furnished:

xxx