Republic
of the Philippines
National
Capital Judicial Region
REGIONAL TRIAL COURT
XXX CITY
BRANCH XXX
X x x,
Plaintiff-Appellee,
-
Versus - Civil
Case No. x x x.
X x x,
Defendant-Appellant.
X - - - - - - - - - - - - - - - - - - -
- - - - - X
URGENT MOTION
TO DEFER IMPLEMENTATION
OF THE “WRIT OF EXECUTION
PENDING APPEAL”
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.
LASERNA
CUEVA-MERCADER
&
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.
