Republic of the Philippines

REGIONAL TRIAL COURT

Branch 81, Quezon City

MARIO P. VILLAMOR
Plaintiff,

-versus- Criminal Case No. Q-09-157313

PEOPLE OF THE PHILIPPINES

and LEONARDO DIMACULANGAN
Respondents.
x-------------------------------------------------------------x

MOTION FOR EXECUTION OF JUDGMENT

COMES NOW, the Respondent Leonardo Dimaculangan, through the

undersigned Counsel, and unto this Honorable Court respectfully avers:

1. That the Petition docketed as CA-G.R. SP No. 130497 for the above-
captioned case was decided by the 11 th Division of the Honorable Court
of Appeals on September 10, 2015, the dispositive portion of the said
Judgment is as follows:

“WHEREFORE, in light of all the foregoing, the

instant Petition is hereby DENIED for lack of merit.
Accordingly, the application for the issuance of a
temporary restraining order and/or writ of preliminary
injunction is now deemed moot and academic.

SO ORDERED.”

2. That a Motion for Reconsideration was filed by Petitioner;

3. A Resolution was issued by the 11 th Division of this Honorable Court,

the dispositive portion is as follows:

“WHEREFORE, the instant Motion for

Reconsideration is hereby DENIED for lack of merit.”

4. That Respondent Dimaculangan is seeking help to finally execute the

Decision dated May 13, 2016 of this Honorable Court to read as follows:

“WHEREFORE, judgment is hereby rendered

ACQUITTING MARIO P. VILLAMOR of the crime of
estafa however, he is ordered to pay private
complainant LEONARDO DIMACULANGAN the
amount of One Million One Hundred Thousand Pesos
(Php 1,100,000.00) as civil liability plus 12% interest
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 per day annum from the time of filing of the
information and 6% per annum from finality of the
decision until full satisfaction thereof.

SO ORDERED.”

5. Attached are the original copies of the Entry of Judgment in CA-GR

Sp No. 130497, dated May 22, 2016 and Certificate of Finality datd
November 17, 2016

PRAYER

WHEREFORE, it is respectfully prayed that an Order be issued for

the issuance of a Writ of Execution of the Decision of this Honorable
Court in Criminal Case No. Q-09-157313, specifically to implement the
Order against Mario Villamor to pay Leonardo P. Dimaculangan the
amount of One Million One Hundred Thousand Pesos (Php
1,100,000.00) as civil liability plus 12% interest per day from the time of
filing of the information and 6% per annum from finality of the decision
until full satisfaction thereof; and

Such other reliefs just and equitable are likewise being prayed for.

March 27, 2017, Quezon City.

ATTY. CECILIO C. LUMANTAO

Counsel for the Respondent
Roll of Attorney No. 14679
IBP No. 1054817/Q.C./01-03-17
PTR No. 3802420/Q.C./01-03-17
MCLE No. V-0007525
Issued on May 13, 2016
Rm. 235 IBP Legal Aid Office
2nd Floor Hall of Justice Bldg.,
Quezon City

NOTICE AND COPY FURNISHED

The Branch Clerk of Court

Regional Trial Court
Branch 81, Quezon City

Morales Risos-Vidal and Daroy-Morales

4th Flr., Goldloop Tower A
J.M. Escriva Drive, Ortigas Center
1605 Pasig City

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 Please take notice that the foregoing Motion for Execution is set for
hearing on April 7, 2017 at 8:30 am as soon thereafter as respondent
may be heard, asking the Regional Trial Court, Branch 81, Quezon City
to grant the foregoing motion.

ATTY. CECILIO C. LUMANTAO

Counsel for the Respondent
Roll of Attorney No. 14679
IBP No. 1054817/Q.C./01-03-17
PTR No. 3802420/Q.C./01-03-17
MCLE No. V-0007525
Issued on May 13, 2016
Rm. 235 IBP Legal Aid Office
2nd Floor Hall of Justice Bldg.,
Quezon City

EXPLANATION

A copy hereof is served on the recipients by registered mail/LBC

instead of by personal service, due to the distance and lack of manpower to
effect personal service.

ATTY. CECILIO C. LUMANTAO