Republic of The Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch 5
Baguio City
PEOPLE OF THE PHILIPPINES,
Plaintiff,

CASE No. 36416-R

For: ESTAFA

- versus AVRIAN TINGCHUY,

Defendant,
x-----------------------x

Republic of The Philippines

MUNICIPAL TRIAL COURT IN CITIES
First Judicial Region
Branch 3
Baguio City
PEOPLE OF THE PHILIPPINES,
Plaintiff,

CASE No. 132864 To 132865

For: Violation of B.P 22

- versus AVRIAN TINGCHUY,

Defendant,
x-----------------------x

ENTRY OF APPEARANCE AND MOTION TO REVIVE

WITH ALL DUE RESPECT.
The PROSECUTION through the undersigned private Prosecutor
state that:
ENTRY OF APPEARANCE
1. The undersigned Counsel enters his appearance as Private Prosecutor
under the direct control and supervision of the Honorable Public
Prosecutors and thus pray that all Orders, Notices and Processes of the
Honorable Courts be furnished the undersigned at his law office at
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Lower Ground Floor Baden Powell Hotel, 26 Gov. Pack Rd., Baguio
City.
MOTION TO REVIVE
2. The accused and the Private Complainant entered into a Compromise
Agreement and thus submitted a Joint Motion to Provisionally Dismiss
the Above entitled Cases last December 2014.
3. The Compromise Agreement was approved by the Honorable Courts
and the Motion was thus granted Provisionally Dismissing the cases
last.
4. The accused however failed to abide with the Provisions of the
Compromise Agreement particularly the monthly installment payment of
his civil liability to the Private Complainants.
5. Accused issued a check dated March 25,2015, in the amount of Php
60,000.00 in payment of his monthly installment for the months of
February and March.
6. Upon presentment for payment however the Check was dishonored for
the reason of Insuffciency of Funds, thus payment was not delivered
and the accused committed another criminal offense for issuing a
bouncing check,
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed,
after due notice and hearing, unto this Honorable Court that judgment be
rendered:
1. Ordering the defendants to desist from further construction over the
land and vacate the same;
2. Ordering the defendants to pay:
(a)

PhP 2,000.00 per month from November 2006 up the time

he vacates the same as actual damages;
(b) PhP50,000.00 as attorneys fees;
(c) PhP50,000.00 as exemplary damages;
(d)
Moral Damages in an amount the court would deem
proper
(e) Litigation expenses;
3. Such other relief that are deemed equitable under the premises are
likewise prayed for.
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Baguio City for Baguio City, Philippines, _______________.

DONAAL, ARCIAGA AND PARTNERS LAW OFFICE
Counsel for the Plaintiff
D307 Third Floor, Lopez Building
Assumption Road, Baguio City
By