Motion For Issuance of Writ of Execution

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Republic of the Philippines

FOURTH JUDICIAL REGION


MUNICIPAL TRIAL COURT IN CITIES
Tanauan City, Batangas

People of the Philippines,


Plaintiff,

-versus- Crim. Cases No. 17-177 to 178


For: Violation of BP 22

_______________________________,
Accused,
x---------------------------------x

MOTION FOR ISSUANCE OF WRIT OF EXECUTION

COMES NOW Private Complainant, thru the undersigned Counsel,


and before this Honorable Court, most respectfully manifests, THAT:

1. On September 4, 2019 the Honorable Court rendered its


decision on the above-captioned cases, finding Accused Arianne Marfa
Dalisay GUILTY BEYOND REASONABLE DOUBT under the said
Informations;

2. In the said convictions, Accused was ordered to pay the


amount of PhP5,531,304.00 and sentenced to suffer the imprisonment
of six (6) months and a FINE of PhP200,000.00 with subsidiary
imprisonment in case of insolvency for Criminal Case No. 17-117. In
Criminal Case No. 17-178, PhP1,200,000.00 with four (4) months
imprisonment and fine of PhP200,000.00 with subsidiary imprisonment
in case of insolvency;

3. That the said decision has become FINAL AND EXECUTORY


after the period to appeal had lapsed;

4. The total amount of monetary award ordered by the court


to be paid by the Accused to the Private Complainant is
PhP7,131,304.00 which as of the present still remains unpaid including
the FINE;
PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully


prayed of this Honorable Court that a Writ of Execution be issued as
against the Accused to enforce the aforesaid decision and that the
amount of PhP7,131,304.00 be levied against the personal or real
property of the Accused.

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

Respectfully submitted, 7 of September 2020. Quezon City for


Tanauan City, Batangas.

THE HON. CLERK OF COURT


MTCC, Tanauan City, Batangas

Dear Sir/Madame:

Greetings:

Please be informed that the Private Complainant hereby


respectfully requests to submit the foregoing Motion for the
consideration and approval of this Honorable Court on September 29,
2020 at 1:30 o’clock in the afternoon or on any date subject to the
availability of this Honorable Court’s calendar.

A copy of this Motion was initially filed and furnished to this


Honorable Court to the distinguished Public Prosecutor and Accused
Counsel thru electronic transmissions or e-mail pursuant to
Administrative Order Nos. 33-2020 and 34-2020 issued by the
Supreme Court respectively on March 31, 2020 and April 8, 2020.
Said submission and electronic transmission is also in consonance
with Revised Rules on Civil Procedure, allowing electronic filing of
pleadings, made effective May 1, 2020.

Copy Furnished:
EXPLANATION

Copy of the foregoing MOTION has been served upon the City
Prosecutor and ____________ and filed in court thru LBC due to
distance and lack of personnel. A copy of the same has been likewise
sent to the respective e-mails of the parties and the Honorable Court.

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