REPUBLIC OF THE PHILIPPINES
11TH JUDICIAL REGION
REGIONAL TRIAL COURT
TAGUM CITY
ERNIE S. YBANEZ, Civil Case No.C8-September-090
Plaintiff,
-versus- For: FORCIBLE ENTRY WITH PRAYER FOR
PRELIMINARY
MANDATORY/PROHIBITORY
INJUNCTION
ELDITO P. LOQUINIO,
Defendant.
x-----------------------------------------/
MOTION FOR THE ISSUANCE OF WRIT OF EXECUTION
COMES NOW Plaintiff, through counsel and unto this Honorable Court most
respectfully submits this Motion for the Issuance of Writ of Execution and in amplification thereof
most respectfully aver:
1. That this is a case for Forcible Entry with Prayer for Preliminary Mandatory/Prohibitory
Injunction, filed by plaintiff with this Honorable Court wherein Judgment DATED
December 13, 2019, was made in favor of plaintiff, the dispositive portion of which
provides:
“WHEREFORE, Judgment is hereby rendered in favor of plaintiff
ordering defendant ELDITO P. LOQUINIO, his heirs, assigns, successors-in-
interest, guests or any occupants on the subject premises with the permission of
defendant to immediately vacate the property subject hereof covered by TCT
No. T-25802 and turn-over possession of the same plaintiff.
Defendant is further ordered to (a) pay plaintiff the reasonable monthly
compensation of P25,000.00 starting December 14, 2019 until defendant shall
have actually vacated the same (b) pay attorney’s fees of P50,000.00, and (c)
costs of suit.
Pursuant to Section 19, Rule 70 of the Rules of Court, execution shall
immediately issue upon motion unless an appeal has been perfected and the
defendant to stay execution files a supersedeas bond in the sum of One Hundred
Ninety thousand (P190,000.00) Pesos approved by this court and executed in
favour of plaintiff to pay the rents, damages and costs accruing to the time of
this judgment.
SO ORDERED.”
2. That this case was appealed by defendant with the Regional Trial Court of Tagum City
which Denied the Appeal through an Order dated February 19, 2020, the dispositive
portion of which provides:
“WHEREFORE, the appeal is ordered DISMISSED as it is hereby
DISMISSED for failure of the defendant-appellant to submit memorandum as
required by law
SO ORDERED.”
3. That the reglementary period to file an appeal or other post-judgment remedies has
already lapsed, thereby rendering judgment final and executory. Hence, it is proper and
prayed that a writ of execution be issued by this Honorable Court to protect the interest
of the plaintiff and prevent unfairness and unjust enrichment on defendant’s part.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable
Court that a Writ of Execution be issued directing the defendants: to vacate the property subject
hereof covered by TCT No. T-25802 and turn-over possession of the same plaintiff; to pay
plaintiff the reasonable monthly compensation of P25,000.00 starting December 14, 2019 until
defendant shall have actually vacated the same; and to pay attorney’s fees of P50,000.00, and
costs of suit.
OTHER RELIEFS just and equitable are likewise prayed for.
September 18, 2020, Tagum City, Davao del Norte, Philippines.
ATTY. APRIL JULIE MAE P. GONZAGA
Counsel for the Plaintiff
Attorney’s Roll No. 23426
IBP No. 968992
PTR No. 2577745
NOTICE OF HEARING
(Copy furnished)
BRANCH CLERK OF COURT
RTC Branch 31
Tagum City
ATTY. RIZA B. PALIMA
Counsel for Defendants
Tagum City
Greetings!
Please take notice that the undersigned counsel submits the foregoing motion for the
consideration and approval of this Honorable Court on September 19, 2020 at 9 o’clock in
the morning. Thank you.
ATTY. APRIL JULIE MAE P. GONZAGA
REPUBLIC OF THE PHILIPPINES
11TH JUDICIAL REGION
REGIONAL TRIAL COURT
TAGUM CITY
ERNIE S. YBANEZ, Civil Case No.C8-September-090
Plaintiff,
-versus- For: FORCIBLE ENTRY WITH PRAYER FOR
PRELIMINARY
MANDATORY/PROHIBITORY
INJUNCTION
ELDITO P. LOQUINIO,
Defendant.
x-----------------------------------------/
ENTRY OF APPERANCE
COMES NOW undersigned counsel, and unto this Honorable Court most respectfully
enters his appearance as counsel for the Plaintiff Ernie S. Ybanez in relation to the above-entitled
case.
WHEREFORE, premises considered, the undersigned counsel respectfully prays of this
Honorable Court that this entry of appearance as counsel for the said Plaintiff be noted on record
and prays that he be furnished with all copies of orders and other processes of this Honorable
Office.
OTHER RELIEFS just and equitable are likewise prayed for.
September 18, 2020, Tagum City, Davao del Norte, Philippines.
ATTY. APRIL JULIE MAE P. GONZAGA
Counsel for the Plaintiff
Attorney’s Roll No. 23426
IBP No. 968992
PTR No. 2577745
With my conformity:
ERNIE S. YBANEZ
Plaintiff
Copy Furnished:
BRANCH CLERK OF COURT
RTC Branch 31
Tagum City
ATTY. RIZA B. PALIMA
Counsel for Defendants
Tagum City
