REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Marikina City, Branch 263

JUAN DELA CRUZ,

Plaintiff,

-versus- CIVIL CASE NO. 11-1455-

mk

PEDRO REYES,

Defendant.
X--------------------------------------------X

OPPOSITION WITH MOTION FOR EXECUTION

COMES NOW PLAINTIFF, by the undersigned counsel, to the Honorable

Court, respectfully avers: THAT,

1. Plaintiff received a copy of the defendant’s Motion for Extension of Time

to File Motion for Reconsideration.

2. A motion for extension of time to file a motion for reconsideration is not

allowed as enunciated in the case of Ma. Imelda Argel, et al., vs . CA, G.R. No.
128805 October 12, 1999, it was ruled that:

“Habaluyas laid down two prohibitions. First, is the doctrine that the
15-day period for filing an appeal is non-extendible. Second, the
prohibition against the filing of a motion for extension of time to file a
motion for new trial or reconsideration in all courts, except the
Supreme Court.

3. In view of the above, the filing of the motion for extension of time did not
stop the running of the fifteen (15) day period to file a motion for reconsideration,
thus, the Decision of the Honorable Court has become final and executory.

4. A writ of execution is in order.

 PRAYER

WHEREFORE, it is respectfully prayed that a writ of execution be issued to

satisfy the judgment award in the Decision of the Honorable Court dated January
15, 2020.

Other reliefs, just and equitable under the premises are likewise prayed for

March __, 2020;Makati City for _____.

ALVIN AMPARO
Counsel for the Plaintiff
Rms. 2114 & 2115, Cityland Herrera Tower
98 V.A. Rufino (formerly Herrera)
Corner Valero Streets
Ayala North, City of Makati
Tel No. 845-1647
E-Mail Add.:
Roll of Attorneys No.
IBP No. 141064/1/4/2021 /Manila
PTR No. 8535607/1/05/2021/Makati
MCLE Compliance No. VI-0010539-April 14, 2022
Mobile Nos.
________________

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court
Quezon City

Greetings:

Please take notice that the undersigned counsel is submitting the the
foregoing motion for the consideration and approval of the Honorable Court
without further oral arguments.

ALVIN AMPARO
Greetings:

Please submit the foregoing motion for the consideration and approval of the
Honorable Court immediately upon receipt hereof.

POMPEYO P. MAYNIGO

COPY FURNISHED:

ATTY. X
Counsel for the Defendant
5th Floor 88 Infinite Diamond Building
Mac Arthur Highway, Barangay San Francisco
Mabalacat City, Pampanga

Republic of the Philippines )

Makati City ) S.S

AFFIDAVIT OF SERVICE

I, ATTY. ALVIN AMPARO , Filipino, married, of legal age, with post

office address at__________________, Makati City, after having sworn to in
accordance with law, hereby depose and say: THAT,

1. By reason of the existing Modified Enhanced Community Quarantine in

the National Capital Judicial Region, I caused the electronic filing of the
Opposition and Motion for Execution dated May 10, 2021 through the email
address of the Regional Trial Court __________________.

2. On May ___, 2021, I served a copy of the Motion for Videoconference

Hearing by registered mail to Atty. Maricon E. Medina at her office address at 5th
Floor 88 Infinite Diamond Building Mac Arthur Highway, Barangay San Francisco
Mabalacat City, Pampanga, as evidenced by Registry Return Receipt No.
___________________, attached to the original thereof and indicated therein
with instruction to the Postmaster to return the mail to the sender after ten
(10) days if not delivered, since the said motion cannot be served personally due
to the distance of office address of the said counsel and by LBC Tracking No.
______________________________________.
 IN WITNESS WHEREOF, I hereunto set my hand this ___ day of March,
2020, in this City of Makati.

ALVIN AMPARO
Affiant

SUBSCRIBED AND SWORN to before me this ________day of March,

2020 in this City of Makati, affiant exhibiting to me his Driver’s License No.
___________________

NOTARY PUBLIC

Doc. No.
Book No.
Page No.
Series of 2020.