MOTION FOR EXECUTION

Plaintiffs, by counsel, respectfully state:

1. On ____________, this Honorable Court rendered a

Decision, the dispositive portion of which states:

“WHEREFORE, premises considered, judgment is

hereby rendered in favor of plaintiffs and
against defendants, as follows:

a) Ordering said defendants and all persons

claiming title under them and/or occupying
the premises-in-question to vacate the same
and to surrender complete possession thereof
to plaintiffs;

b) Ordering said defendants, jointly and

severally, to pay plaintiffs the sum of
P300,000.00 a month from date of demand and
every month thereafter, until complete
possession of the premises is restored to
plaintiffs, as reasonable compensation for
the use of the premises;

c) Ordering said defendants, jointly and

severally, to pay plaintiffs the sum of
P50,000.00, as and for attorney’s fees; and

d) Ordering said defendants, jointly and

severally, to pay the costs of suit.

Defendants’ counter-claim are dismissed for

insufficiency of evidence.

SO ORDERED.”

2. Defendants appealed the said Decision to the

Regional Trial Court, Branch 43 of San Fernando, Pampanga.

3. In its Decision dated __________, the Regional

Trial Court, Branch 43 of San Fernando, Pampanga dismissed

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defendants’ appeal and affirmed in toto the above-quoted

Decision.

A copy of the ________ Decision is attached hereto and

marked as Annex “A”.

4. While defendants filed a Motion for

Reconsideration of the ____________ Decision, said Motion

was denied by the Regional Trial Court, Branch 43 of San

Fernando, Pampanga, in its Order dated ___________, the

dispositive portion of which states:

“WHEREFORE, for lack of merit, the two

motions for reconsideration filed by Spouses
Anthony and Gay Bernadette Cortez and Spouses
Marceliano and Josefina Vergara are both DENIED.
The Motion for Consolidation is likewise DENIED.”

A copy of the ________ Order is attached hereto and

marked as Annex “B”.

5. Section 21, Rule 70 of the 1997 Rules of Civil

Procedure provides:

“Sec. 21. Immediate execution on appeal to

Court of Appeals or Supreme Court. – The judgment
of the Regional Trial Court against the defendant
shall be immediately executory, without prejudice
to a further appeal that may be taken therefrom.

6. Hence, plaintiffs are entitled to immediate

execution of the Decision dated 31 August 1999.

PRAYER
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WHEREFORE, plaintiffs respectfully pray that this

Honorable Court issue the corresponding writ of execution

of the _________ Decision against defendant Spouses

Marcelino and Josefina Vergara.

Plaintiffs further pray for such other reliefs as may

be deemed just and equitable under the premises.