This is a sample motion to defer issuance of a writ of execution for humanitarian reasons. It prays for a case status conference between the parties. We are sharing this for legal research purposes of our followers.
“x x x.
SUPPLEMENTAL MANIFESTATION/COMMENT
(IN RE: MOTION FOR
EXECUTION)
-
WITH -
COUNTER-MOTION
TO DEFER OR HOLD IN
ABEYANCE ACTION ON THE PENDING
MOTION FOR WRIT OF
EXECUTION
AND
MOTION TO SET CASE STATUS CONFERENCE
THE UNDERSIGNED ACCUSED, XXX., of
legal age, married, Filipino, a former xxx
of Barangay xxx, xxx Village, xxx City, and residing at xxx, xxx St, xxx, xxx,
xxx City, Metro Manila, under oath, respectfully states:
1.
On February 2, 2016 the private
complainant xxx and the undersigned accused xxx executed a KASUNDUAN at the Office of the City Prosecutor of Las Pinas City,
witnessed by an employee thereof xxx, a copy of which is attached as Annex “A” hereof, extending the
compromise payment period to April 30, 2016.
2.
The husband of the herein accused (in
the person xxx, an overseas seaman) is now confined in a Korean hospital
because his spine was seriously injured
while on board his ship; and he is scheduled to be brought to a Philippine
hospital anytime this week.
3.
Hence, the herein accused is
financially unable at this time to comply with the aforecited KASUNDUAN, for
which reason the herein accused humbly invokes the mercy and compassion of the
Honorable Court to DEFER action of the pending MOTION FOR WRIT OF EXECUTION and
COMPLIANCE filed by the Trial Prosecutor, as previously prayed for by the herein
accused in her past pleading.
4.
It is suggested that a case status conference be held to
discuss the current status of this case.
5.
By the time of the requested case
status conference, the herein accused shall have by then gathered the medical
records of the serious injury of the OFE-seaman husband of the herein accused.
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 to give the herein accused (and her injured
OFW-seaman husband) a sufficient time to
settle her compromise payments and to update her account under the compromise
agreement/Kasunduan.
Further, it is prayed that a CASE STATUS CONFERENCE held at
the convenience of the Court.
xxx
City, March 31, 2016.
X
x x x x x
Accused
NOTICE OF HEARING
Branch Clerk
MeTC Branch xxx
Xxx City
Office of the City Prosecutor
xxx City
Mabuhay:
The herein
accused will submit the foregoing supplemental pleading/counter-motion to the Court on xxx, 2016 at 1:30 PM for its kind
consideration and approval xxx.
If the
Court feels that a case status conference
is needed to discuss/settle the issues involved in this pending
incident/pleading, kindly notify the herein accused on the date/time thereof
for her prompt compliance.
Thank you.
X
x x x x x x
Accused
Cc:
Office of the City Prosecutor
Hall of Justice
Xxx City
(Personal
Delivery)
File copy
X x x.”
