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Republic of the Philippines

11th Judicial Region
MUNICIPAL TRIAL COURT
BRANCH 02
General Santos City

THE PEOPLE OF THE CRIMINAL CASE NO.

PHILIPPINES, 57680-2
Plaintiff,

- versus - - for -

DANNY ENATE FALCIS, VIOLATION OF B.P. BLG. 22

Accused.
x--------------------------------------------x

MOTION FOR ISSUANCE OF

WRIT OF ATTACHMENT

Private Complainant RAYNARD P. PEREZ, through herein, Counsel,

and before this Honorable Court most respectfully states THAT:

1. On March 2, 2022, counsel for private complainant received an order

from this Honorable Court that the accused in this case failed to appear in
court despite notice. Accused’s bail bond was fixed at P3,000.00 and a
corresponding warrant was issued for his arrest;

2. Thereafter, on September 9, 2022, counsel for private complainant

received another order from this Honorable Court that the accused in this
case still failed to appear on his scheduled arraignment despite notice and
as a result, and upon motion of the prosecution, accused’s bail bond was
ordered cancelled and forfeited;

3. Thus, pursuant to Section 2 of Rule 127 of the Revised Rules on Criminal

Procedure, private complainant, through the undersigned counsel moves
for the issuance of a Writ of Preliminary Attachment on the ground that:

“RULE 127 - PROVISIONAL REMEDIES IN CRIMINAL CASES

xxxx
SEC. 2. Attachment. – When the civil action is properly instituted in
the criminal action as provided in Rule 111, the offended party may
have the property of the accused attached as security for the
satisfaction of any judgment that may be recovered from the accused
in the following cases:
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(b) When the criminal action is based on a claim for money or xxxx;

4. Moreover, in relation to Rule 57 of the Revised Rules of Civil Procedure,

to wit:

“xxxx

(a) In an action for the recovery of a specified amount of money or

damages, other than moral and exemplary, on a cause of action arising
from law, contract, quasi-contract, delict or quasi-delict against a
party who is about to depart from the Philippines with intent to
defraud his creditors.

xxxx”

5. As previously alleged, accused entered into a short term loan agreement

with herein private respondent for the construction of a senior high
school building, the KABULING LEARNING CENTER Inc., in Chua,
Bagumbayan, Sultan Kudarat on May 24, 2018;

6. However, despite repeated demands from private complainant, accused

failed to pay the loaned amount. Thus, in December 2019, it was agreed
that the accused would issue a check in favor of the private complainant
in the amount of One Million Two Hundred Eighty Thousand Pesos
(P1,280,000.00). However, once the due date came and upon presentment
to the bank, the check was dishonored and returned to private
complainant. Hence, private complainant sought legal assistance and sent
a demand letter to the accused but was simply ignored;

7. Evidently, accused in this case has been fraudulent in complying with his
obligation amounting to One Million Two Hundred Eighty Thousand
Pesos (P1,280,000.00). It also appears that he has no real intention
whatsoever from the very beginning of paying his obligation as can be
observed from his disregard of the demand letters sent him. Aside from
that, his blatant disregard of court orders and his repeated and intentional
absences in court despite due notice is a clear manifestation of his
intention to evade responsibility;

8. As such, it is obvious that he has either removed or disposed of his

property, or is about to do so with intent to defraud his creditors,
especially against herein private complainant.

9. Lastly, the private complainant is willing to post a bond conditioned upon

the payment of damages should it be finally found out that the plaintiff is
not entitled to the issuance of a writ of preliminary attachment;
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10. Also attached and marked herewith as Annex “A” is private

complainant’s affidavit of merit;

11. This motion is filed in good faith and is not interposed to needlessly
delay the proceedings in this case.

PRAYER

WHEREFORE, premises considered, private complainant through

counsel most respectfully prays that Pursuant to Rule 127 of the Revised
Rules of Criminal Procedure and Rule 57 of the Revised Rules of Civil
Procedure, a writ of attachment be issued against herein accused for the
satisfaction of his liabilities against private complainant amounting to One
Million Two Hundred Eighty Thousand Pesos (P1,280,000.00).

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

13 October 2022, General Santos City, Philippines.

RESPECTFULLY SUBMITTED:

CARMELO L. VALENZUELA, JR.

Roll No. 55045
PTR NO. 0034527-JAN-4-2022-GSC
IBP NO. 196261-JAN-5-2022
GENERAL SANTOS CITY CHAPTER
MCLE Compliance No. VI-0021400
(April 11, 2019)

VLO Law & Notarial Offices

Door 7, 2nd Flr, Yusepeng Bldg.,
Nat’l. Highway, General Santos City
9500 Philippines
(083)825-1389/ (+63917)3103624
clvlaw@yahoo.com

Copy Furnished:

1. Office of the Honorable City Prosecutor

General Santos City

2. Danny Enate Falcis

Kabuling Learning Center
Chua, Bagumbayan
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Sultan Kudarat
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REPUBLIC OF THE PHILIPPINES)

CITY OF GENERAL SANTOS )S. S.
x--------------------------------------------x

AFFIDAVIT OF SERVICE
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I, MAISARA M. DADTUMAG, one of the staff of VLO LAW &

NOTARIAL OFFICES, after having been duly sworn to in accordance with
law do hereby depose and say:

That on ______________, I personally served a copy of this Motion for

Issuance of Attachment to Office of the Honorable City Prosecutor as
evidenced by the signature receipt indicated while a copy to the accused
Danny Enate Falcis is served through registered mail as evidenced by the
attached registry receipt due to constraints of time, personnel, and distance.

IN WITNESS WHEREOF, I have hereunto set my hand this

________________ in the City of General Santos, Philippines.

MAISARA M. DADTUMAG
Affiant

SUBSCRIBED AND SWORN to before me this

_____________________, in the City of General Santos, affiant exhibited to
me her POSTAL ID PRN L32210429260 as competent proof of her identity.

WITNESS MY HAND AND SEAL.

Doc No. _____;

Page No. ____;
Book No. ____;
Series of 2022.