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Writ of Execution - Acha

The motion requests a writ of execution to satisfy a civil obligation of 21,060 pesos owed by the accused Aida Acha. Acha and the private complainant entered a compromise agreement through mediation where Acha agreed to pay in installments but failed to make any payments. The motion asks the court to issue a writ of execution to satisfy Acha's debt in accordance with the compromise agreement.

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Jufre Lauron
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213 views2 pages

Writ of Execution - Acha

The motion requests a writ of execution to satisfy a civil obligation of 21,060 pesos owed by the accused Aida Acha. Acha and the private complainant entered a compromise agreement through mediation where Acha agreed to pay in installments but failed to make any payments. The motion asks the court to issue a writ of execution to satisfy Acha's debt in accordance with the compromise agreement.

Uploaded by

Jufre Lauron
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES


BRANCH 7, CEBU CITY

PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIM CASE NO.: M-CEB-16-04941-CR
FOR: VIOLATION OF BP 22
-versus-

AIDA B. ACHA,
Accused.
x--------------------------------------/

MOTION FOR ISSUANCE OF WRIT OF EXECUTION

Private complainant through the undersigned counsel and unto this


Honorable Court most respectfully states that:

1. This case was referred to the Philippine Mediation Center for


possible amicable settlement that might be entered by the parties;

2. In the Philippine Mediation Center, the parties appeared and


entered a Compromise Agreement setting aside the legal issues and
merits of the case whereby accused acknowledges her obligation of
the check and commits to pay the total amount of P21,060.00;

3. In their Compromise Agreement, accused commits to pay


P10,500.00 on September 15, 2018 and the remaining balance of
P10,560.00 to be paid on October 15, 2018 and that any breach of the
agreement will give right to the aggrieved party to seek the assistance
of the Honorable Court for the issuance of a Writ of Execution or
other legal remedies under the circumstances. A copy of the
COMPROMISE AGREEMENT is hereto attached.

4. After the execution of the Compromise Agreement, accused


reneged with his promise to settle her obligation, did not make any
payment on the date agreed upon and refused to make payment
despite several demands;

5. In accordance with their Agreement, private complainant most


respectfully move for the issuance of a Writ of Execution in order to
satisfy the obligation of the accused in the amount of P21,060.00.
PRAYER

WHEREFORE, premises considered, it is most respectfully


prayed that after due notice and hearing, this Honorable Court will
issue a Writ Of Execution to satisfy the civil obligation of the accused
in the amount of P21, 060.00. Other reliefs consistent with law justice,
and equity are likewise prayed for.

ISIDRO L. SARONA JR.


(PRIVATE PROSECUTOR)
RM. M04, ANICETA BLDG., OSMEÑA BLVD., CEBU CITY
IBP NO. 664;12/11/18-CY 2019;CEBU PROVINCE CHAPTER
PTR NO. 230859;12/11/18-CY 2019;CEBU PROVINCE
ROLL OF ATTORNEYS NO. 61786
MCLE COMPLIANCE NO. V-0006494 VALID UNTIL 4/14/2019
TEL NO. 254-8455
EMAIL ADD. Isidrojr.sarona@yahoo.com

The MTC Clerk of Court


MTC – Branch 7, Cebu City

Greetings:

Please submit the foregoing Motion to the Honorable Court


immediately upon receipt hereof and let the matter be heard on February 15,
2918 at 9 o’clock in the morning.

Thank You.

ISIDRO L. SARONA JR.

Copy furnished:

Aida Acha
Atty. Gemco Gabales
25 Upper Tac-an
Budlaan Cebu City

EXPLANATION

The foregoing Motion was furnished through mail due to far distance
and lack of office staff to perform personal service.

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