Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch 41, Quezon City

PRIME CONSORTIUM LENDING

INVESTMENTS, represented by
ELSA GO,
Plaintiff,

- versus - Civil Case No. 13-06408-CV

FOR: Recovery of Possession
with Replevin and Damages

ROSANNA AGUILA, STANLEY YAO,

JOHN & JANE DOES,
Defendants.
x------------------------------------------x

MOTION FOR EXECUTION

PLAINTIFF, by the undersigned counsel, and unto this

Honorable Court, respectfully states:

1. On 25 April 2016, this Honorable Court rendered a

Decision, the dispositive portion of which states:

“WHEREFORE, judgment is hereby rendered in

favor of plaintiff Prime Consortium Lending
Investment owned by plaintiff Elsa A. Go. Defendants
are ordered to:

1) Deliver and Voluntarily surrender to

plaintiff the 2005 Mitsubishi Lancer 4 door
Sedan with Plate No. ZAM 139 subject
matter of the Promissory Note with Chattel
Mortgage executed by defendants in favor of
plaintiff;

2) In case of the said motor vehicle cannot be

located or produce anymore, to pay
solidarily plaintiff the amount of TWO
HUNDRED THOUSAND PESOS
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 (Php200,000) plus interest at 1.5% a
month and penalties on a reduced 1%
percent per month on overdue account from
the date of last demand on November 7,
2013 until fully paid;

3) To pay plaintiff the amount of FIFTY

THOUSAND PESOS (Php50,000.00),
representing 25% of the amount due to
plaintiff and Four Thousand (Php4,000.00)
per court appearance.

4) To pay the Replevin premium; and

5) To pay plaintiff the cost of suit in the

amount of SEVEN THOUSAND and FIVE
PESOS (Php7, 005.00).

SO ORDERED.”

2. A copy of the aforementioned Decision was sent by

this Honorable Court through registered mail with Registry
Receipt No. RD 624712126ZZ sent to the last known address
of the defendants on 26 May 2016.

3. From the date of the Decision of this Honorable

Court, Defendants did not file any motion for reconsideration
nor appealed the same to the Regional Trial Court within the
reglementary period. Thus, the Decision has now become final
and executory.

4. Moreover, pursuant to A.M. No. 11-6-10-SC effective

16 April 2012, Section A.3(a) of these Rules state: “There shall
be presumptive notice to a party of a court setting if such
notice appears on the record to have been mailed at least
20 days prior to the scheduled date of hearing if the
addressee is from within the National Capital Region, or at
least 30 days if the addressee is from outside the National
Capital Region.” (Emphasis and underscoring supplied)

4. Under Section 1 of Rule 39 of the 1997 Revised Rules of

Civil Procedure, an execution “shall issue as a matter of right
upon the expiration of the period to appeal therefrom if no appeal
has been duly perfected.” (Emphasis supplied). As such, it is
submitted that the plaintiff is entitled to execution of judgment.

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 PRAYER

WHEREFORE, premises considered, it is respectfully

prayed of this Honorable Court that the corresponding Writ of
Execution be issued ordering defendants to:

a. Deliver and voluntarily surrender to plaintiff the

2005 Mitsubishi Lancer 4 door Sedan with Plate
No. ZAM 139 subject matter of the Promissory
Note with Chattel Mortgage executed by
defendants in favor of plaintiff;

b. In case of the said motor vehicle cannot be

located or produce anymore, to pay solidarily
plaintiff the amount of TWO HUNDRED
THOUSAND PESOS (Php200,000) plus interest
at 1.5% a month and penalties on a reduced 1%
percent per month on overdue account from the
date of last demand on November 7, 2013 until
fully paid;

c. To pay plaintiff the amount of FIFTY

THOUSAND PESOS (Php50,000.00),
representing 25% of the amount due to plaintiff
and Four Thousand (Php4,000.00) per court
appearance.

d. To pay the Replevin premium; and

e. To pay plaintiff the cost of suit in the amount of

SEVEN THOUSAND and FIVE PESOS
(Php7,005.00).

Other reliefs just and equitable under the premises are

likewise prayed for.

Pasig City for Quezon City, 29 March 2017.

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 ROY P. R. TALAO
Counsel for the Plaintiff
IBP Lifetime Member # 02502
PTR. O.R. No PC5345170/02-02-17/Pasay City
Attorney’s Roll # 41956
MCLE Compliance # IV-0022785/12-20-13
attyroytalao@gmail.com
Tel # 372-373-3

NOTICE, COPY FURNISHED

& EXPLANATION

THE BRANCH CLERK OF COURT

Metropolitan Trial Court
Branch 41, Quezon City

ROSANNA AGUILA
STANLEY YAO
Defendants
1166 D. Apacible Street,
Paco Manila

Please take notice that the undersigned will submit the

foregoing Motion for Execution to this Honorable Court for its
consideration and approval on April 13, 2017 at 2:00 in the
afternoon.

Due to distance, as well as for lack of material time, a

copy of this Motion for Execution is being served upon the
defendants by registered mail.

ROY P. R. TALAO

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