Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region
Province of Davao del Sur
City of Digos

Heirs of Domingo Natavio CIVIL CASE NO. 5856

Represented by Ronald Natavio.
PLAINTIFFS
FOR: Revival of Judgment

HEIRS OF RENATO FERRIOLS

Represented by EDITH J. FERRIOLS,
Defendants

X--------------------------X

MEMORANDUM ON APPEAL

TIMELINESS OF THE APPEAL

The appellant received the copy of the order last March 11,
2022 and was given 15 days to file this memorandum on appeal. The
15th day falls on Saturday and the next working day is on March 28,
2022. Thus this filed on time.

BRIEF STATEMENT OF FACTS

1. This case is an offshoot of Civil Case No. 496 for SUM OF

MONEY ETC. before this Honorable Court.

2. Such case was resolved last March 17, 2008 pursuant to an

order before this Honorable Court. The basis of such decision
was a compromise agreement signed by the parties before the
office of Philippine Mediation Office (PMC) Digos City, Davao
del Sur.
 3. That on May 14, 2012 a writ of execution was issued by this
Honorable Court quoting verbatim of the compromise
agreement approved by this Honorable Court.

4. That paragraph 3, sub paragraph b of the compromise

agreement has not been performed by the defendants in this
case to quote:

b. The remaining balance of 1 million pesos (P1,000,000.00)

will be paid monthly in the amount of FIVE THOUSAND
PESOS (5,000) starting at the end of March 2008
until October 2024 or earlier;

5. Due to such failure of the defendants in performing such

obligation, the complainant in this case is now invoking the sub
paragraph c of the compromise agreement to quote;

c. That failure of the defendant to pay the plaintiff for three

consecutive months, the plaintiff will take
possession of the remaining 1.5 hectares of land as
payment of the remaining balance;

ASSIGNMENT OF ERRORS

1. THE HONORABLE COURT COMMITTED A REVERSIBLE

ERROR IN DISMISSING THE CASE THAT THE STATUTE
OF LIMITATION ALREADY BARS THE CAUSE OF THE
PLAINTIFF.

ARGUMENTS AND DISCUSSION

2. As gleaned from the records the judgment by

compromise dated March 17, 2008 was already executed
or the Honorable Court has already made an order for the
execution of such judgment. That as stated by the
sheriffs report the plaintiff did not follow up and pay the
required fee that is the reason why the officer did not act
 it upon. To explain such failure to follow up or failure of
the plaintiff to appear in the office of the sheriff is that
during such time defendant is faithfully paying an amount
of P5,000. Moreover, he is also not aware of the
technicalities necessary after there was judgment made
by the Honorable Court.

3. That since the defendant has already started paying the

monthly installments as stated in the judgment of the
Honorable Court they no longer follow up to the sheriff
the execution of the judgment. That on their part the
judgment has already been executed.

4. On our humble view the judgment has long been

executed upon the motion of the plaintiff and that the
failure of the plaintiff to pay the required fees is only a
formal requirement by the rules.

5. Moreover, if we invite our view to the terms of the

contract of the parties in letter (b) this will mature or
become due until October 2024 or at least 3 years from
this date.

6. That if this case will be dismissed without first waiting for

the maturity of the terms of the agreement signed by the
party it will cause injustice to the plaintiff.

7. Having stated such, the dismissal of this case will violate

the terms and conditions approved before this Honorable
Court. That the heirs of the plaintiff will no longer enjoy
the fruits of successful litigation promulgated by the
Honorable Court.

8. For reiteration, the lower court below committed an

irreversible error in dismissing the complaint on the
ground that the action was barred by the statute of
limitation.
 -PRAYER-

WHEREFORE premises considered, it is most respectfully

prayed that the order of Honorable Court dated last July 16, 2021 be
set a side. That the defendant will be given possession to the 1.5 ha
of land inherited by the defendants in this case.

Other reliefs that are just and equitable are likewise prayed for.

CAGAS, CORTES and VILLARAIZ LAW OFFICE

2f Virtudazo Building, Magsaysay St. Digos City

by:

By:
ATTY. KIRBY A. VILLARAIZ, RN
Counsel for the Private Complainant
Serial No. XXI 658 (19)
PTR NO. 7080210 1-5-2022
IBP NO. 9118799 1-3-2022
ROLL NO. 70802 dtd. June/06
TIN 297-127-230-002
Ramon Delos Cientos St.
Email Address: Kirby.Villaraiz1907@gmail.com
MCLE COMPLIANCE NO. IV-0024111

Copy Furnished:

Atty. Lani M. Gabutero _______________________

CAGAS, CORTES and VILLARAIZ LAW FIRM

BY:
 ATTY. KIRBY A. VILLARAIZ, RN
Counsel for the Complainants
Serial No. XXI 658 (19)
PTR NO. 80724424/1-2-20
ROLL NO. 70802 dtd. June 06
TIN 297-127-230-002
Ramon Delos Cientos St., Poblacion Dos,
Bansalan, Davao del Sur
Email Address: Kirby.Villaraiz1097@gmail.com
MCLE COMPLIANCE NO. IV-0024111

VERIFICATION and CERTIFICATION OF NON-FORUM

SHOPPING

WE, VIOLETA VDA. NATAVIO, EDDIE NATAVIO, EDILLA

NATAVIO, and RONALD NATAVIO, all of legal ages, Filipino,
single/married respectively, and residents of Digos City, Davao del
Sur, Philippines, duly represented by RONAL NATAVIO, after having
been duly sworn to in accordance with law, do hereby jointly depose
and say:

1. That we are the plaintiffs of the above-entitled case;

2. That we have caused the preparation of the above complaint;

3. That we have read and understood all the contents therein and
the same are true and correct to the best of our own personal
knowledge and based on authentic records;

4. That the pleading is not filed to harass, cause unnecessary

delay, or needlesly increased the cost of litigation.

5. That the factual allegations therein have evidentiary support

and/or will likewise have evidentiary support after reasonable
oppurtunity for discovery.
IN WITNESS WHEREOF, we have hereunto set our hands this
____________________ at Bansalan, Davao del Sur, Philippines.

EDDIE NATAVIO EDILLA NATAVIO RONALD NATAVIO

Affiant Affiant Affiant

VIOLETA VDA. DE NATAVIO

Affiant

AS REPRESENTED BY:

RONALD NATAVIO