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Motion to Deputize Sheriff for Execution

This document is an ex-parte motion filed in the Municipal Trial Court of Cabuyao City, Laguna, Philippines. In the case, Fernando Taluban was acquitted of estafa but ordered to pay Virgilio Bariring 400,000 pesos plus 6% annual interest from September 3, 2018 until the decision's finality, and then another 6% annual interest until full payment. Bariring now seeks a writ of execution to enforce the monetary award since Taluban did not appeal and the decision is now final, but Taluban lives outside the court's jurisdiction. Thus, Bariring requests that the court either direct its own sheriff or transmit the writ to the sheriff with

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Catherine Doria
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355 views3 pages

Motion to Deputize Sheriff for Execution

This document is an ex-parte motion filed in the Municipal Trial Court of Cabuyao City, Laguna, Philippines. In the case, Fernando Taluban was acquitted of estafa but ordered to pay Virgilio Bariring 400,000 pesos plus 6% annual interest from September 3, 2018 until the decision's finality, and then another 6% annual interest until full payment. Bariring now seeks a writ of execution to enforce the monetary award since Taluban did not appeal and the decision is now final, but Taluban lives outside the court's jurisdiction. Thus, Bariring requests that the court either direct its own sheriff or transmit the writ to the sheriff with

Uploaded by

Catherine Doria
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

REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION


MUNICIPAL TRIAL COURT IN CITIES
CABUYAO CITY, LAGUNA

PEOPLE OF THE PHILIPPINES,


Plaintiff,

-versus- CRIM CASE NO. 12723


For: Estafa (Article 315 (2)
of the Revised Penal Code
FERNANDO B. TALUBAN
Accused.
x-------------------------------------------------------------------------------x

EX-PARTE MOTION TO AUTHORIZE/DEPUTIZE THE


SHERIFF OF THIS HONORABLE COURT OR WHOSE
COURT HAS JURISDICTION OVER THE RESIDENCE OF
THE ACCUSED TO IMPLEMENT THE WRIT OF
EXECUTION

Private Complainant VIRGILIO A. BARIRING and unto


this Honorable Court most respectfully states that:

1. That on December 7, 2022, the Decision in the above-


entitled case was promulgated by this Honorable Court, the
dispositive portion of which reads:

“WHEREFORE, premises considered the accused,


Fernando V. Taluban, is ACQUITTED of estafa as defined
under Art. 315, paragraph 2 (a), of the Revised Penal Code.
Nonetheless, he is ordered to pay Virgilio A. Bariring the
amount of four hundred thousand pesos (P400,000.00) plus
legal interest of six percent (6%) per annum from September
3, 2018, until finality of this Decision. The said amount,
together with the interest due, shall further earn interest at
six percent (6%) per annum from the finality of this Decision
until full payment.”

2. That the said Decision was received by the Private


Complainant on the date of its promulgation on December 7, 2022;

3. That FERNANDO B. TALUBAN did not file any appeal,


hence, the said Decision now becomes final and executory after the

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lapse of fifteen (15) days pursuant to the Rules on Criminal
Procedure;

4. That on February 13, 2023, the Private Complainant filed a


Motion for Issuance of Writ of Execution before this Honorable
Court, praying and seeking that a Writ of Execution of said Decision
be issued to enforce and implement the monetary award rendered
therein in favor of the Private Complainant;

5. Hence, it is now proper and prayed for by the Private


Complainant that the Writ of Execution be implemented by the
Sheriff of this Honorable Court or by the Sheriff of the Court which
has jurisdiction over the residence of FERNANDO B. TALUBAN,
considering that the given address of FERNANDO B. TALUBAN is
at No. 486 Benito St. Brgy. Matalaya, Lingayen, Pangasinan, where he
may be found and is outside the territorial jurisdiction of this
Honorable Court.

PRAYER

WHEREFORE, premises considered, it is most respectfully


prayed before this Honorable Court that an Order be ISSUED
directing the Sheriff of this Honorable Court to implement the
Decision of this Court dated December 7, 2022 or to direct the Clerk
of Court of this Honorable Court to endorse/transmit the Writ of
Execution to the Office of the Clerk of Court and Ex-Officio Sheriff of
the Court which has jurisdiction over the residence of the Accused, for
the implementation of the said Writ of Execution.

Other reliefs which are just and equitable under the premises
are likewise prayed for.

Cabuyao City, Laguna, March 29, 2023.

VIRGILIO A. BARIRING
Private Complainant

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