Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
X x x,
- Versus - Civil Case No. x x x.
X x x,
X - - - - - - - - - - - - - - - - - - - - - - - - X
TO DEFER IMPLEMENTATION
OF THE “WRIT OF EXECUTION
DEFEDANT-APPELLANT x x x (“xxx”), by counsel, respectfully states:
1. The Branch Clerk of Court Atty. Xxx has issued a Writ of Execution Pending Appeal, dated xxx, 2015.
2. It was issued pursuant to the Order, dated xxx, 2015.
3. The Deputy Sheriff xxx has issued a Notice to Pay/Vacate, dated xxx, 2015. The herein Movant receive a copy thereof on the same date, i.e., xxx, 2015.
4. There is now a pending Rule 65 Petition for Certiorari in the Court of Appeals which was filed by the Defendant-Appellant on xxx, 2015, docketed as CA Case No. xxx, entitled “xxx vs. Hon. xxx and xxx”, praying for a review of the said Order, dated xxx, 2015, with a prayer for a Temporary Restraining Order (TRO).
5. The herein Movant admits that under Rule 65, unless a TRO is issued by the CA, this Court may proceed with its own proceedings.
6. Nonetheless, invoking the long tradition of DEFERENCE TO A HIGHER COURT or JUDICIAL COURTESY TO A HIGHER COURT, the Movant humbly moves that the implementation of the Writ of Execution Pending Appeal be, in the meantime, DEFERRED for 60 days, counted from date of receipt thereof by the Movant, i.e., xxx, 2015, and to expire on xxx, 2015, to give the CA time to consider the Petition and its prayer for a TRO.
7. This motion is not intended to delay the proceedings of the Court.
8. The Movant is 79 years old, widow, jobless, and sickly. She lives in the property subject matter of this case.
9. Hence, this motion, invoking the Court sense of compassionate justice.
10. The Movant is still in the process of personally checking and following up with the CA the status of her Petition and her prayer for a TRO. She will visit the CA next week for the said purpose.
WHEREFORE, premises considered, it is respectfully prayed that, after notice and hearing, an Order be issued deferring the implementation of the Writ of Execution Pending Appeal, dated xxx, 2015, for 60 days, counted from xxx, 2015 and to expire on xxx, 2015.
Further praying for such other reliefs as may be deemed just and
equitable in the premises
xxx City, xxx, 2015.
& ASSOCIATES LAW OFFICES
Counsel for the Defendant-Appellant
Unit 15, Star Arcade, C. V. Starr Avenue
Philamlife Village, Las Pinas City
Tel. Nos. 872-5443; 846-2539
X x x.