MOTION FOR WRIT OF EXECUTION;

Sample.
MOTION FOR WRIT OF EXECUTION

THE PLAINTIFFS, by counsel, respectfully state:

1. On 2 May 2008 this Honorable Court issued a DECISION in the abovecaptioned case, finding for the
herein plaintiffs.

A certified true copy of the said Decision is attached as Annex A hereof, with submarkings.

2. On 17 February 2016 the Court of Appeals (13th Division) issued a DECISION in CA GR CV No. xxx,
affirm(ing) with modifications the aforecited Decision, dated 2 May 2008, of this Honorable Court.

A certified true copy of the said Decision, dated 17 February 2016, of the Court of Appeals is attached as
Annex B hereof, with submarkings.

3. On 17 June 2016 the Court of Appeals (13th Division) issued a RESOLUTION denying the Motion for
Reconsideration of the defendant xxx Bank Inc.. (xxx).

A certified true copy of the said RESOLUTION is attached as Annex C hereof, with submarkings.

4. On 17 September 2016 the Supreme Court (3rd Division) issued a RESOLUTION in GR No. xxx
entitled xxx Bank Inc. vs. Spouses xxx and xxx and xxx Insurance Inc., DENYING the Petition for
Review on Certiorari filed by the defendant xxx.

A certified true copy of the said RESOLUTION is attached as Annex D hereof, with submarkings.

5. On 7 December 2016 the Supreme Court (3rd Division) issued a RESOLUTION DENYING WITH
FINALITY the Motion for Reconsideration filed by the defendant xxx.

A certified true copy of the said RESOLUTION is attached as Annex E hereof, with submarkings.

6. On 7 December 2016 the Judicial Records Office of the Supreme Court issued an ENTRY OF
JUDGMENT quoting in full the aforecited RESOLUTION, dated 7 December 2016, of the Supreme Court
(3rd Division).

A certified true copy of the said ENTRY OF JUDGMENT is attached as Annex F hereof, with
submarkings.

7. On 1 June 2017 the undersigned counsel for the herein plaintiffs wrote the Office of the Clerk of Court
of the Court of Appeals to TRANSMIT the record of this case back to this Honorable Court for purposes of
Execution.

The duplicate original copy of the said Letter, dated 1 June 2017, bearing the official acknowledgement
receipt stamp of the Court of Appeals, is attached as Annex G hereof, with submarkings.

8. Section 1, RULE 39 (Execution, Satisfaction and Effect of Judgments), of the 1997 Rules of Civil
Procedure, inter alia, provides that if the appeal has been duly perfected and finally resolved, the
execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting
therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced
and of the entry thereof, with notice to the adverse party.

It provides that the motion for writ of execution may be filed with and acted upon by the court of origin
even while the record of the case is still with the appellate court or is in the process of being transmitted
to the court of origin, provided, that the movant/judgment oblige formally applies for such a writ of
execution in the court of origin, , submitting therewith certified true copies of the judgment or
judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the
adverse party.

The certified true copies of the required documents are attached to this motion as Annex A to Annex F.

9. Section 8 (e) of Rule 39 provides that in all cases, the writ of execution shall specifically state the
amount of the interest, costs, damages, rents, or profits due as of the date of the issuance of the writ,
aside from the principal obligation under the judgment and that for this purpose, the motion for execution
shall specify the amounts of the foregoing reliefs sought by the movant.

10. The DECISION, dated 2 May 2008, of this Honorable Court made the following awards in favor of the
herein plaintiffs (Annexed A-26 to A-27):

(a) Moral damages P100,000.00;

(b) Exemplary damages P100,000.00;
(c) Attorneys fees - P210,429.76;
(d) Litigation expenses - P100,000.00;
(e) Costs of suit

11. The DECISION, dated 17 February 2016, of the Court of Appeals (13th Division) ruled as follows
(Annex B-12):

(a) It affirmed with modifications the Decision, dated 2 May 2008, of this Honorable Court;
(b) It reduced the award of attorneys fees to P100,000.00;
(c) It deleted the award of litigation expenses;
(d) It affirmed the award of moral damages of P100,000.00;
(e) It affirmed the award of exemplary damages of P100,000.00; and
(f) It affirmed the award of costs of suit.

No interest was awarded both by this Honorable Court and the Court of Appeals.

As per the latest existing jurisprudence, the interest shall commence to run from finality of the judgment,
which was on 7 December 2016 (Annex F-1).

The latest jurisprudence imposes an annual interest of 6% per annum, which is the new rate since July 1,
2013, as per a 2013 BSP Circular[1] issued in that year.

The judgment awards become a forbearance of money from the date of the finality thereof on 7
December 2016.[2]

WHEREFORE, premises considered, it is respectfully prayed that, after notice and hearing, a WRIT OF
EXECUTION be issued to enforce the DECISION, dated 2 May 2008 of this Honorable Court (Annex A),
as affirmed with modifications by the DECISION, dated 17 February 2016, of Court of Appeals (Annex
B) and pursuant to the ENTRY OF JUDGMENT issued by the Supreme Court (Annex F).

FURTHER, the plaintiffs respectfully pray for such and other reliefs as may be deemed just and equitable
in the premises.

Xxx City, xxx 2017.