Plea for execution of Decision based upon compromise agreement when a corollary obligation to deliver the owner's duplicate copy of title remains unfulfilled.
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Motion For Execution
Plea for execution of Decision based upon compromise agreement when a corollary obligation to deliver the owner's duplicate copy of title remains unfulfilled.
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Motion for Execution: This section outlines the motion for execution regarding a civil case related to reconveyance and damages, detailing the involved parties and the legal context.
Execution and Submission: Includes the request for issuance of a writ of execution and submission details, along with legal signatures and certification.
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
5t* MUNICIPAL CIRCUIT TRIAL COURT
DON CARLOS-KITAOTAO-DANGCAGAN
10 Judicial Region
Don Carlos, Bukidnon
SPS. PERLA P. ESPORMA AND
WILFREDO D. ESPORMA
Plaintiffs;
- Versus -
SPS. RICARDO P. PARINA AND
NELMA E. PARINA
Defendants
|
SPS. RICARDO P. PARINA AND
NELMA E. PARINA
Plaintiff;
- Versus -
SPS. PERLA P. ESPORMA AND
WILFREDO D. ESPORMA
Defendants
—/
CIVIL CASE NO. 593-2021
FOR:
RECONVEYANCE AND
DAMAGES.
CIVIL CASE NO. 594-2022
FOR:
RECOVERY OF POSSESSION
AND DAMAGES
MOTION FOR EXECUTION
SPS. PERLA P. ESPORMA AND WILFREDO D. ESPORMA by
counsel to this Honorable Court most respectfully state that:
1. A Decision Based on Compromise Agreement dated May 26, 2022 was
rendered by the Honorable Court in these consolidated cases.
2. SPS. PERLA P. ESPORMA AND WILFREDO D. ESPORMA
faithfully complied with their obligations under the Compromise
Agreement and have paid the total amount of P 130,000.00 on two
installments to SPS. RICARDO P. PARINA AND NELMA E.
PARINA through counsel, Atty. Rolando Lopez.
Page 1 of 2 3. SPS. RICARDO P. PARINA AND NELMA E. PARINA executed
a Deed of Sale dated August 2, 2023 covering a portion of 157 square
meter portion of Lot 14, SGS-10-000786, however the corollary
obligation to deliver the owner's duplicate of copy of Katibayan ng
Orihinal na Titulo Blg. P-26664, remains unfulfilled despite the
passage of considerable period thus rendering the transfer and
partial cancellation of the certificate of title, to be held in abeyance.
4. To enforce the Decision of the Honorable Court and give meaning
to it, issuance of a Writ of Execution is warranted as sanctioned
under Section 1, Rule 39 of the Rules of Court.
WHEREFORE, SPS. PERLA P. ESPORMA AND WILFREDO D.
ESPORMA by counsel, after due notice and hearing, most respectfully pray
for the issuance of a Writ of Execution to enforce the Decision Based on
Compromise Agreement dated May 26, 2022 rendered by the Honorable
Court.
Other reliefs consistent with law and equity are also sought.
RESPECTFULLY SUBMITTED.
Don Carlos, Bukidnon, Philippines this 20 day of June 2024.
‘ATTY. FLORENTINE T. GARAY
Counsel for Sps. Perla and Wilfredo Esporma
Roll No. 65136; IBP Lifetime No. 015158
PTR No, 5434981B, 01-05-2024; TIN-199-588-890
MCLE Compliance No. VII-0025526 (until 2025)
MCLE Exemption No. VIII— BEP002358 (until 2028)
F.T. Garay Law Office
Door 2, FS Garay Bldg., Sayre Hightoay,
Don Carlos, Bukidnon 8712
‘Mobile No, 09177192662
Email address: figaraydogmail.com
Copy furnished via email to counsel for Sps. Ricardo and Nelma E. Parina:
lopeclawoffice2@ gmail.com
ATTY. ROLANDO B. LOPEZ
LOPEZ ESTRELLA LOPEZ & ASSOCIATES
Purok 1A, South Poblacion, Maramag, Bukidnon
Page 2 of 2
