Beruflich Dokumente
Kultur Dokumente
FELIX M. SORIANO
Plaintiff, CIVIL CASE NO. 214
Plaintiff, by and through counsel and unto the Honorable Court, states that:
1. On January 6, 2008, plaintiff through counsel received a copy of the judgment in the above
entitled case, the dispositive portion of which reads:
b) to remove any and all improvements that may have introduced therein without
impairing the property;
c) to perpetually desist from further disturbing the peaceful possession of plaintiff or his
heirs and assigns over said property.
2. Fifteen (15) days thereafter, no appeal was ever made by the parties to this case which
results to the finality of judgment, so that on January 31, 2008, plaintiff through counsel received a
copy of the ENTRY OF JUDGMENT with pronouncement that the Decision dated 19 th day of
December 2007 has become final and executor on January 20, 2008;
3. Consequently, a writ of execution was issued on November 14, 2008 and was served upon
the defendants on December 2, 2008 per Return of writ of execution dated 5 th day of December
2008 giving them stern warning to remove their structures particularly the unfinished building
erected by defendant Jomar Valdez, within thirty days (30) thereof, yet to date, the same was not
complied with. This in fact constitute defiance of the lawful order of the Court which rendered the
decision, hence this motion for issuance of special writ of Demolition;
4. This motion is not intended for delay or any illegal motives but for the enforcement of the
decision of this Honorable Court.
PRAYER
WHEREFORE, premises duly considered it is most respectfully prayed of this Honorable
Court to issue a Special Writ of Demolition directing the sheriff to remove and demolish the
unfinished building erected by one of the defendants Jomar Valdez.
NOTICE OF HEARING
Greetings!
Please submit the foregoing motion for the kind consideration of the Honorable Court and
set the same for hearing and resolution of the same on 10 th day of February 2011 with or without
the presence of the undersigned counsel.
Copy furnished:
JOMAR VALDEZ
JEFFVON LINGBAWAN
RAUL LACUESTA
Baguio City
EXPLANATION:
Copy of the foregoing Motion was served through registered mail due to distance and lack of
personnel to effect personal service.