Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

MOTION TO REVIVE CRIMINAL ACTION AND FOR THE ISSUANCE OF WRIT OF EXECUTION ON THE COMPROMISE AGREEMENT

Plaintiff, by counsel to this Honorable Court respectfully states:

On 17 March 2012, the Honorable Court issued an Order in the above-entitled case, the dispositive portion of which reads:

Finding the mutual agreement of the parties before the mediator to be meritorious, the same is hereby APPROVED.

Pending compliance of the Compromise Agreement let the criminal aspect of this case for ARCHIVED.

SO ORDERED.

Dasmariñas, Cavite, March 17, 2012.

AMERI ICHINOSE

Acting Judge

That the defendant started paying only THREE THOUSAND PESOS on 09 April 2011.

To date, defendant has defaulted in paying his monthly obligation to Plaintiff Corporation for the last THREE (3) MONTHS. To date, HE HAS ONLY PAID THREE THOUSAND PESOS ONLY.

That defendant made his last payment on 10 May 2011. On 16 June 2012, plaintiff sent a demand letter to defendant by registered mail.

Photocopies of the latest Statement of Account of the defendant and the demand letter and proof of service are hereto attached as Annex “A”, “B” and “B-1” for easy reference.

It bears stressing that par.5 and 6 of the aforesaid Compromise Agreement states that:

That in case of the Second Party’s failure and/or refusal to pay to the First Party any monthly installment for two (2) cumulative months, it is understood that the remaining balance of the total obligation shall become due and demandable, without the need of any written demand.

That in case of breach of the terms and conditions of this Agreement, the Second Party shall pay THIRTY THOUSAND PESOS (Php 30,000.00) as liquidated damage in case of breach of this Agreement.

In the latter case, Second Party hereby agree that an Order of the Court for the issuance of the writ of execution shall be issued outright upon motion for the satisfaction of his remaining civil obligation;

WHEREFORE, premises considered, it is respectfully prayed that the Writ of Execution be issued against the defendant, ordering him to pay to plaintiff the remaining obligation in the amount of Php 60,000.00 representing the total amount of his civil liability.

Other just and equitable reliefs are likewise prayed for.

City of Manila, for Imus City, 17 July 2011.

PARIL LAW OFFICE

Counsel for Private Complainant

1080 Negros Street, Balic- Balic

Sampaloc, Manila

by:

JEFFREY PARIL

IBP#__________, __________Chapter, __________

PTR#__________, __________, __________, __________

Attorney’s Roll No. __________

MCLE Compliance No. II- __________

MCLE Compliance No. III- __________

MCLE Compliance No. IV- __________

Notice of Hearing

Office of the City Prosecutor

Imus City, Cavite

CLERK OF COURT

Regional Trial Court

Branch 21, Imus City

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,

Don P. Campa Avenue, Barrio Uno,

2662 Dasmarinas City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,

Aguinaldo Highway, Perpetual Village,

Palico III, Imus City, Cavite

Greetings:

Please submit the foregoing motion for consideration and approval of the Honorable Court on August 1, 2011 at 8:30 a.m. or at such time and date as may be convenient to the Honorable Court.

JEFFREY PARIL

Copy furnished:

Office of the City Prosecutor

Imus City, Cavite

ATTY. RAPHAEL CORONADO

2nd Floor, RCVJ Building,

Don P. Campa Avenue, Barrio Uno,

2662 Dasmarinas City, Cavite

ATTY. ALEXANDER LIQUIGAN

Unit 3C, De Quiroz Bldg.,

Aguinaldo Highway, Perpetual Village,

Palico III, Imus City, Cavite

Explanation

The foregoing motion is being filed to the Honorable Court with copy therefore furnished to the Office of the Provincial Prosecutor and to the other party by registered mails, due to the distance of the undersigned from the said office and other party, making personal service thereof not practicable.

JEFFREY PARIL