Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

8th Judicial Region
Calbayog City

RURAL BANK OF CALBAYOG CITY INC.,

Represented By its PRESIDENT and CEO
ALAN GILES MARY S. SARMIENTO,
Plaintiff, Civil Case No. 2018-563SCC

-versus- FOR:

SUM OF MONEY

ROWENA D. OBRINO,
Defendant.
x - - - - - - - - - - - - - -- - - - - - - - x

WRIT OF EXECUTION

TO: THE SHERIFF

MTCC- CALBAYOG CITY

G R E E T I N G S:

WHEREAS, on the 5th of November, 2018, this Honorable Court rendered

judgment in the above-entitled case pursuant to the compromise agreement entered
into by the parties, the pertinent provisions of which is reproduced below as follows:

“a. Defendant’s indebtedness xxx is 76,992.62 Pesos, which amount includes the
Outstanding Loan Principal, all the interests, penalties and surcharges and litigation
fees;

b. xxx (The) defendant shall pay the (amount of) Php76,992.62 xxx to the plaintiff in
twelve (12) equal installment as follows: Php11,363.65 per month in twelve (12) equal
installment as follows: Php6,416.05 per month for November 30, 2018; December 31,
2018; January 31, 2019; February 28, 2019; March 31, 2019; April 30, 2019; May 31,
2019; June 30, 2019; July 31, 2019; August 31, 2019; September 30, 2019; October 31,
2019;

xxx

d. The defendant agrees that in the EVENT OF DEFAULT xxx the entire obligation xxx
may be enforced by a mere motion for execution xxx;”

 WHEREAS, Plaintiff filed a MOTION FOR EXECUTION OF JUDGMENT for

failure of the defendant to comply with her obligations under the Compromise
agreement and in an Order dated 25 January 2019 this Court acted favorably on
Plaintiff’s motion considering that this case is governed by the Rule of Procedure for
Small Claims Cases, HENCE, this WRIT.

NOW, THEREFORE, you are hereby commanded to cause the execution of this
WRIT in accordance with the ORDER dated November 5, 2018 in the above-entitled
case, together with the lawful fees for the service of this WRIT, all in Philippine Currency
and upon defendant’s failure to pay the amount as contained in the decision, you are
hereby commanded to levy upon the properties of the judgment obligor of every kind
and nature whatsoever which may be disposed of for value and not otherwise exempt
from execution, giving the latter, the option to immediately choose which property or
part thereof may be levied upon, sufficient to satisfy the judgment.

BUT if sufficient personal property/properties of the above-named defendant in

the above-entitled case cannot be found whereof to satisfy this execution and lawful
fees thereon, you are hereby directed to levy the real property of said defendant and to
sell the same or so much thereof in the manner provided for by law for the satisfaction
of the said judgment, and make a return of your proceedings with this WRIT in writing
pursuant to the 1997 Rules of Civil Procedure, as amended.

WITNESS MY HAND AND SEAL of this Court, this 25 th day of March, 2020, at
Calbayog City, Philippines.

NOEL G. SERMENSE
Presiding Judge