Friday, January 29, 2016

Execution of compromise; motion for writ of execution; sample comment/opposition to such motion

- WITH - 

THE UNDERSIGNED ACCUSED, xxx., of legal age, married, Filipino, a former Barangay xxx of Barangay xxx, xxx Village, xxx City, and residing at xxx xxx City, Metro Manila, under oath, respectfully states:

1. On September 9, 2015 the private complainant and the herein accused entered into a compromise agreement during the court-annexed mediation proceeding. 

2. In the said compromise agreement, the accused agreed to pay the private complainant the amount of Php 60,000.00 within twelve (12) months starting 30 October 2015 and up to 30 September 2016.

3. The compromise agreement provides that in the event the herein accused fails to comply with the said agreement by incurring two (2) months of default, the private complainant shall be entitled to a writ of execution.

4. The herein accused respectfully manifests that she understands her obligations under the said Compromise Agreement.

5. However, in the interest of compassionate and merciful justice, she respectfully manifests: 

5.1. That during the first and second month of her payment schedules she indeed failed to made such payments. 

5.2. The reason for such failure was the late remittances of her husband who works abroad as an ordinary seaman (overseas Filipino worker [OFW]}. 

5.3. The said financial delay/difficulty that she faced has also affected the support and sustenance for her children. 

5.4. It likewise delayed the payment of tuition fees to the schools of her children. 

5.5. As a matter of fact, her daughter was not allowed by her school to take her exam due to the failure of the herein accused to pay the tuition fee arrears of her daughter.

6. The husband of the herein accused is the sole breadwinner in their family. 

6.1. The herein accused is jobless at this time. 

6.2. After waiting for more than a month for the remittances of her husband, the herein accused had learned from her husband that his company was about to transfer him and his fellow crew members to another ship/barge due to some internal company problems/adjustments.

6.3. The said company adjustments shall to take effect in January 2016. 

6.4. The allotment/remittances of her husband are expected to resume between February and March 2016.

6.5. During the time of the said internal company adjustments, which actually started in November 2015 and is supposed to continue up to January or February 2016 or thereabout, all allotments/remittances are placed on temporary hold by the company until the new management of the company shall have taken over.

7. The herein accused respectfully manifests that she in good-faith. 

7.1. She has no intention of evading her obligations. 

7.2. She prays for the compassionate consideration of the private complainant, the Prosecutor, and the Court by way of an extension of time to comply with her agreed payment schedules. 

7.3. She respectfully invokes the kind and merciful indulgence of the Court to assist her in this regard.

8. As the accused has stated in her previous counter-affidavit: 

(a) She has no notorious criminal record; 

(b) She is not a notorious criminal; and 

(c) She is a law-abiding citizen and former public servant of her Barangay (as the Barangay xxx of Barangay xxx, xxx City).

WHEREFORE, premises considered and invoking the kindness, mercy and compassion of the Court and the Prosecutor, the herein accused respectfully prays that action on the pending motion for execution of the prosecution be held in abeyance and deferred until the end of March 2016 to give the herein accused a sufficient time to settle her monthly payment arrears and to update her account under the compromise agreement.

xxx City, December 15, 2015.

X x x x



Office of the City Prosecutor
Hall of Justice
Las Pinas City
(Personal Delivery)