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Republic of the Philippines

REGIONAL TRIAL COURT


FIRST JUDICIAL REGION
Branch 8
Baguio City

FELIX M. SORIANO
Plaintiff, CIVIL CASE NO. 214

-versus- For: FORCIBLE ENTRY WITH


PRAYER FOR TEMPORARY
RESTRAINING ORDER AND
JOMAR VALDEZ,
PRELIMINARY INJUNCTION
JEFFVON LINGBAWAN, PLUS DAMAGES
RAUL LACUESTA
Defendants.
x-----------------------------x

MOTION FOR ISSUANCE OF SPECIAL WRIT OF DEMOLITION

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:

“IN THE LIGHT of all the foregoing considerations, judgment is


hereby rendered declaring plaintiff, FELIX M. SORIANO to be the
prior and actual possessor of the land in dispute and therefore
entitled to the rightful possession over the same.

Further, all the defendants are hereby ordered to:


a) surrender peacefully the possession of the land in dispute to plaintiff;

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.

Baguio City, Philippines this 8th day of February 2011.

ATTY. PAULFRED TOMBALI


Counsel for the Plaintiff
Suite 240 2nd Floor COSPAL Building
Upper Mabini Street, Baguio City
Privilege Tax Receipt No. 1645733, January 11, 2011
IBP Mem. No. 665976, January 10, 2011
Roll No. 41960, May 8, 2006

NOTICE OF HEARING

The Branch Clerk of Court


First Judicial Region
Regional Trial Court
Baguio City

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.

ATTY. PAULFRED TOMBALI

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.