This document is a motion for execution filed in a municipal trial court. It summarizes a previous court decision based on a compromise agreement requiring the defendants to pay installments. The defendants failed to comply by missing payments starting in March 2010. As a result, the plaintiff is requesting a writ of execution to enforce the decision and collect outstanding balances, penalties, interest, and attorney's fees as stipulated in the compromise agreement and promissory notes. A hearing on the motion is scheduled.
This document is a motion for execution filed in a municipal trial court. It summarizes a previous court decision based on a compromise agreement requiring the defendants to pay installments. The defendants failed to comply by missing payments starting in March 2010. As a result, the plaintiff is requesting a writ of execution to enforce the decision and collect outstanding balances, penalties, interest, and attorney's fees as stipulated in the compromise agreement and promissory notes. A hearing on the motion is scheduled.
This document is a motion for execution filed in a municipal trial court. It summarizes a previous court decision based on a compromise agreement requiring the defendants to pay installments. The defendants failed to comply by missing payments starting in March 2010. As a result, the plaintiff is requesting a writ of execution to enforce the decision and collect outstanding balances, penalties, interest, and attorney's fees as stipulated in the compromise agreement and promissory notes. A hearing on the motion is scheduled.
This document is a motion for execution filed in a municipal trial court. It summarizes a previous court decision based on a compromise agreement requiring the defendants to pay installments. The defendants failed to comply by missing payments starting in March 2010. As a result, the plaintiff is requesting a writ of execution to enforce the decision and collect outstanding balances, penalties, interest, and attorney's fees as stipulated in the compromise agreement and promissory notes. A hearing on the motion is scheduled.
COMES NOW, the plaintiff, through the undersigned counsel and to this Honorable Court, most respectfully avers:
1. That the Honorable Court rendered a Decision based on Compromise
relative to the above-entitled case on July 14, 2010;
2. That the Compromise Agreement from which Judgment was rendered
stipulated that “in case the herein defendants fail to pay three (3) cumulative monthly installments, the entire obligation will become due and that a writ of execution be issued for the execution of the order to be issued basing on the herein compromise agreement. That in this case, the current interest rates and penalties be imposed on the balance”
3. That defendants did not faithfully comply with the tenor of the said compromise agreement as approved by the Honorable Court when after paying the initial amount of TWO THOUSAND PESOS ONLY (Php2,000.00) the remaining balance of ONE HUNDRED TWENTY SIX THOUSAND SEVENTY THREE PESOS & 82/100 (Php126,073.82) was left unpaid since March 2010 in contravention of the terms of the Compromise Agreement;
3. That the defendants having violated the terms of the Compromise
Agreement, plaintiff, in conformity with the stipulations and conditions of the Compromise Agreement imposed the current interest rates and penalties on the balance and had arrived at the following computation:
Balance Outstanding Php 46,617.88
Interest 10,048.71
Penalties 44,192.47
Total Payable Php100,859.06
4. That in view of the defendants cavalier attitude in honouring the judgment
of the Honorable Court based on the compromise agreement it is respectfully prayed that the Attorneys fees which was not included in the compromise agreement be imposed in the amount of TWENTY FIVE THOUSAND TWO HUNDRED FOURTEEN PESOS & 76/100 (Php25,214.76) which is twenty five percent of the amount due as provided for in the Promissory Notes.
WHEREFORE, premises considered, it is most respectfully prayed that a writ of
execution be issued to implement the said decision with the appropriate interest and penalties included as well as the attorneys fees based on the above-cited reasons.
Other relief and remedies as maybe deemed just and equitable under the premises are likewise prayed for.
Cebu City ___________.
ATTY.
NOTICE OF HEARING
Branch Clerk of Court
MUNICIPAL TRIAL COURT IN CITIES ______________________________
Sir:
Greetings!
Please take notice that on Friday, ________________, at
____________o’clock in the morning, or as soon as thereafter as counsel and matter may be heard, the foregoing Motion for Execution will be submitted for the consideration and approval of the Honorable Court.
Iligan City ____________________
ZALDY Copy furnished:
_______________ _______________ _______________
EXPLANATION OF SERVICE
Copy of the Motion for Execution was served to the defendants by registered mail due to time and distance, and for lack of the undersigned’s staff who can serve the same in person.
