Sample Revival of Judgment

 

Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES Tanjay City, Negros Oriental  _______________________ ____,  ___________________________, Plaintiff , -versus _______________________ ____  ___________________________ Defendant. x - - - - - - - - - - - - - - - - - - - - - - -/

Civil Case No. ______ For: ENFORCEMENT OF JUDGMENT AFTER THE LAPSE OF FIVE (5) YEARS FROM THE DATE ITS ENTRY.

COMPLAINT PLAINTIFF, by her undersigned counsel, to this Honorable Court, respectfully alleges: 1. That the plaintiff is of legal age, Filipino, single and a resident of GG Village, Calasgaan, Bais City, Negros Oriental, where she can be served with court processes; 2. That the defendants are spouses, of legal age, Filipinos, and residents of Lawton, Tanjay City, Negros Oriental, where they can be served with summons and other court processes. Defendant spouse ________ is herein impleaded as defendant under the provisions of Section 4, Rule 3, of the 1997 Rules of Civil Procedure and that the obligation of Plaintiff _________ redounded to the benefit of the family; 3. Sometime on July 12, 2001, in the case entitled “ ______________, “ ______________, Civil Case No. 123, 123, for collection of sum of money and damages” filed damages”  filed with this court, this Honorable Court rendered a decision in favor of herein plaintiff and against the herein defendant, who were the same plaintiff and defendant in said Civil Case No. 123, the dispositive portion of the decision reads: WHEREFORE, premises considered, judgment is hereby rendered as follows: 1) Ordering defendant _________ to pay plaintiff the amount of P27,600.00 plus 12% interest per annum from May 15, 2000 and 1% per month as penalty, until the entire amount is paid in full; 2) Ordering the defendant to pay plaintiff the amount of P5,000.00 as attorney’s fees; and,  and,   3) Ordering the defendant to pay litigation expenses in the amount of P3,000.00. With costs against the defendant.

 

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 A machine copy of the decision is hereto attached as made an integral part hereof;

Annex “A” 

and

4. That a Writ of Execution was issued by this Honorable Court in said Civil Case No. 123 on June 3, 2002, but more than five (5) years has now elapsed, the Writ was never executed fully by the sheriff, nor has the defendant paid his obligation in the decision to the plaintiff. A machine copy of the Sheriff’s Partial Return is hereto attached as Annex “B”  and made an integral part hereof; 5. That the decision, Annex “A” hereof, is not barred by the statute of limitation; WHEREFORE, premises considered, this Honorable Court is most respectfully prayed to render judgment for the plaintiff and against the defendants, enforcing the decision dated July 12, 2001 rendered by this Honorable Court, viz: 1) Ordering defendant Joel Barba to pay plaintiff the amount of P27,600.00 P27,600.00   plus 12% interest per annum  annum  and 1% per month as penalty from May 15, 2000, until the entire amount is paid in full; 2) Ordering the defendant to pay plaintiff the amount of P5,000.00 as P5,000.00  as attorney’s fees; and,  and,  3) Ordering the defendant to pay litigation expenses in the amount of P3,000.00 P3,000.00.. With cost against the defendant. Plaintiff further prays for such other reliefs as may be just and equitable under the premises. Respectfully submitted. Dumaguete City, for Tanjay City, July 6, 2007.

 

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, ________, Filipino, of legal age and a resident of _______________l, on oath, hereby state that: 1. I am the plaintiff of the above-entitled case; that I have caused the preparation of the foregoing complaint; that I have read and understood the contents thereof; and that all the allegations therein are true and correct of my own knowledge and belief and/or based on authentic records; 2. I have not commenced any other action or proceeding involving the same issue in the Supreme Court, the Court of Appeals or any of its divisions, or with any other tribunal or agency; 3. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any of its divisions, or with any other tribunal or agency; 4. If I should thereafter learn that a similar action or proceeding has been filed or is pending in the Supreme Court, the Court of Appeals or any of its divisions, or with any other tribunal or agency, I undertake to promptly inform this Honorable Court of the fact within five (5) days therefrom. Dumaguete City, _____________________, 2007.

 _____________  Affiant

SUBSCRIBED AND SWORN to before me, in the City of Dumaguete, Province of Oriental Negros, this ____ day of _____________ 2007, affiant exhibiting to me her Community Tax Certificate No. ____________ issued on ___________, 2007 at  ______________  ________ ________, __, Philippines. Philippines.

Doc. No. ___ ; Page No. ___ ; Book No. ___ ; Series of 2015.