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    Motion To Resolve

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    Marie Antoinette Espadilla
    The plaintiffs filed a motion requesting the court to resolve their pending motion for a writ of execution and writ of demolition. They received a partial judgment based on compromise agreements with the defendants, but the defendants were still occupying the property illegally. The plaintiffs emphasized the delay in resolving the motion was prejudicing them. They argued a writ of execution should be issued based on the immediately executory compromise agreement judgment, and a writ of demolition was also needed as the defendants had not removed improvements on the property. The plaintiffs prayed the court would grant their motion and issue the requested writs directing the defendants to vacate the property and remove any improvements.

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    Motion To Resolve

    Uploaded by

    Marie Antoinette Espadilla
    706 views3 pages
    The plaintiffs filed a motion requesting the court to resolve their pending motion for a writ of execution and writ of demolition. They received a partial judgment based on compromise agreements with the defendants, but the defendants were still occupying the property illegally. The plaintiffs emphasized the delay in resolving the motion was prejudicing them. They argued a writ of execution should be issued based on the immediately executory compromise agreement judgment, and a writ of demolition was also needed as the defendants had not removed improvements on the property. The plaintiffs prayed the court would grant their motion and issue the requested writs directing the defendants to vacate the property and remove any improvements.

    Original Description:

    Motion to Resolve Pending Motion for Writ of Execution and Writ of Demolition

    Original Title

    Motion to Resolve

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    The plaintiffs filed a motion requesting the court to resolve their pending motion for a writ of execution and writ of demolition. They received a partial judgment based on compromise agreements with the defendants, but the defendants were still occupying the property illegally. The plaintiffs emphasized the delay in resolving the motion was prejudicing them. They argued a writ of execution should be issued based on the immediately executory compromise agreement judgment, and a writ of demolition was also needed as the defendants had not removed improvements on the property. The plaintiffs prayed the court would grant their motion and issue the requested writs directing the defendants to vacate the property and remove any improvements.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    706 views3 pages

    Motion To Resolve

    Uploaded by

    Marie Antoinette Espadilla
    The plaintiffs filed a motion requesting the court to resolve their pending motion for a writ of execution and writ of demolition. They received a partial judgment based on compromise agreements with the defendants, but the defendants were still occupying the property illegally. The plaintiffs emphasized the delay in resolving the motion was prejudicing them. They argued a writ of execution should be issued based on the immediately executory compromise agreement judgment, and a writ of demolition was also needed as the defendants had not removed improvements on the property. The plaintiffs prayed the court would grant their motion and issue the requested writs directing the defendants to vacate the property and remove any improvements.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    REPUBLIC OF THE PHILIPPINES

    MUNICIPAL TRIAL COURTS IN CITIES


    FIFTH JUDICIAL REGION
    Branch ____
    _____ City

    KLMN et al.,
    Plaintiffs,

    - versus - Civil Case No. 1234


    For: Ejectment

    EFGH et al.,
    Defendants.
    x ----------------------------------------------- x

    MOTION TO RESOLVE PENDING MOTION


    FOR ISSUANCE OF WRIT OF EXECUTION
    AND WRIT OF DEMOLITION

    PLAINTIFFS, by counsel, unto this Honorable Court


    respectfully state that:

    1. On _________, the Honorable Court issued a Partial


    Judgment, based on two (2) Compromise Agreements dated
    ____________.

    2. Plaintiffs have filed a Motion for Issuance of Writ of


    Execution and Writ of Demolition last ________. To date, and
    despite the lapse of almost three months, the subject Motion is
    yet to be resolved by the Honorable Court.

    3. It must be emphasized that the undue delay in


    resolving the Motion is causing prejudice upon the plaintiffs
    because defendants are still illegally occupying the subject
    property despite entering into compromise agreement and
    receiving the stipulated consideration from the plaintiffs.

    4. Considering that the Partial Judgment based on


    Compromise Agreement sought to be executed is immediately
    executory, a writ of execution must therefore be issued as a
    matter of course. Also, since defendants have not yet removed
    their improvements on the subject property, a writ of
    demolition must likewise be issued in favor of the plaintiffs.
    PRAYER

    WHEREFORE, foregoing premises considered, Plaintiffs


    most respectfully prayed that the instant motion to resolve
    pending motion for issuance of writ of execution and writ of
    demolition be granted by this Honorable Office, by issuing the
    Writ of Execution and Writ of Demolition in favor of the
    plaintiffs directing the subject defendants to immediately
    vacate the property and remove the improvements they
    introduced thereon.

    Other just and equitable reliefs under the premises are


    likewise prayed for.

    City of Manila for Legazpi City, February 11, 2020.

    By:

    ___________________

    NOTICE OF HEARING AND COPY FURNISHED:

    __________________

    GREETINGS!

    Please take notice that the foregoing MOTION TO


    RESOLVE PENDING MOTION FOR ISSUANCE OF WRIT OF
    EXECUTION AND WRIT OF DEMOLITION will be submitted
    for consideration and approval of the Honorable Court on
    February 21, 2020 at 8:30 in the morning.

    _______________________

    EXPLANATION

    Conformably with Sec. 11, Rule 13 of the 1997 Rules of


    Court, counsel respectfully manifests that service of the
    foregoing MOTION TO RESOLVE PENDING MOTION FOR
    ISSUANCE OF WRIT OF EXECUTION AND WRIT OF
    DEMOLITION were done via private courier considering the
    impracticality of personal service due to distance and lack of
    sufficient personnel.

    __________________________

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