REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH 42
CITY OF SAN FERNANDO, PAMPANGA

PEOPLE OF THE PHILIPPINES,

-versus-

CRIM. CASE NOS. 15914

NELSON CAPATI y LACSON,

Accused.
x-------------------------------------------x

WRIT OF EXECUTION
TO:

The Clerk of Court and Ex-Officio Sheriff

Office of the Clerk of Court, Regional Trial Court,
Baguio City

WHEREAS on January 24, 2011, a Resolution was issued by the

Court acting on the MOTION TO ADMIT ENTRY OF APPEARANCE AND
MOTION TO REVIVE THE CASE WITH MOTION TO ISSUE WRIT OF
EXECUTION filed by the Private Complainant Rodrigo Chan through
counsel Atty. Edwin Calica, on August 24, 2009.
WHEREAS, the record shows that the Court issued an Order on
November 17, 2008 approving the Compromise Agreement executed by
the parties before the Philippine Mediation Center, the stipulation states
as follows:
1.
That the Accused acknowledge his civil obligation
to the private complainant in the total amount of Three
Hundred Thousand Pesos (PhP300,000.00) to be paid in a
monthly installment in the minimum amount of Five
Thousand Pesos (PhP5,000.00) to commence on January 1,
2009 and every 1st day of the month thereafter until fully
paid.
xxx
3.
In the event that the assused fails to pay any
monthly when due, the outstanding obligation shall become
due and demandable and the Private Complainant is entitled

to the issuance of a Writ of Execution and/or revival of the

cases.
xxx
Page 1 of 2 pages

2/Crim. Case No. 15914/Writ of Execution/2-16-11

We therefore command you to execute the Resolution issued by

this Court dated January 24, 2011, on the oustanding balance of the
Accused Nelson L. Capati of his civil obligation less the installment made
as acknowledge by the Private Complainant.
Likewise, return this Writ to Court within thirty (30) days from
receipt with your proceedings endorsed thereon together with your lawful
fees, for service of this execution, which the Private Complainant, the
judgment obligee, recovered in this case against Nelson L. Capati,
judgment obligor, and to tender the same to said judgment obligee and
return this writ, with the lawful fees, to this Court within thirty (30) days
from the date of receipt hereof with your proceedings indorsed thereon.
If the judgment obligor cannot pay all or part of the obligation in
cash, certified bank check or other mode of payment acceptable to the
judgment obligee, you shall levy upon the properties of the judgment
obligor of every kind and nature whatsoever which may be disposed of for
value and not otherwise exempt from execution, giving the latter the
option to immediately choose which property may be levied upon,
sufficient to satisfy the judgment. If the judgment obligor does not
exercise the option, you shall first levy on the personal properties, if any,
and then on the real properties, if the personal properties are insufficient
to answer for the judgment. You shall sell only so much of the personal
or real property as is sufficient to satisfy the judgment and lawful fees,
and make a report to this Court every Thirty (30) days on the
proceedings taken until the judgment is satisfied in full, or its effectivity
expires.
Section 14, Rule 39 of the 1997 Rules of Civil Procedure states
further that if the judgment cannot be satisfied in full within thirty (30)
days after receipt of this writ, you shall make a report to the court every
thirty (30) days on the proceedings taken thereon and you shall state the
reason/s for failure to execute in full the judgment rendered.
WITNESS the Hon. MARIA AMIFAITH S. FIDER-REYES, Judge of
this Court, this 16th day of February 2011 at the City of San Fernando,
Pampanga.

ANGELINA C. LAYUG
OIC-Branch Clerk of Court

(Per Memo dated January 3, 2011 of

Judge Maria Amifaith S. Fider-Reyes)

Page 2 of 2 pages