Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch _____
Roxas City
AAA CIVIL CASE NO. V-00-11
Plaintiff - Appellee, FOR: EJECTMENT/UNLAWFUL
DETAINER WITH PRAYER FOR
-versus- ISSUANCE OF WRIT OF
PRELIMINARY MANDATORY
BBB, INJUNCTION AND DAMAGES
Defendants – Appellants.
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EX-PARTE MOTION FOR ISSUANCE OF ORDER OF
FINALITY AND / OR ENTRY OF JUDGMENT
PLAINTIFF - APPELLEE, through the undersigned counsel unto this
Honorable Court most respectfully states that:
1. On _______, plaintiff – appellee through the undersigned counsel duly
received the Order dated December 13, 2019 rendered by the Honorable
Court denying the Opposition to the Decision filed by appellants;
2. Appellee’s through counsel respectfully reiterates the arguments in her
Comment dated December 23, 2019 (to Opposition). Said opposition even
if to be treated as a Motion for Reconsideration is a mere scrap of paper for
being an unsigned pleading. Further, it does contain a notice hearing. A
motion without a notice of hearing is considered pro forma and does not
affect the reglementary period for the appeal or the filing of the requisite
pleading;
3. A motion that does not comply with the requirements of Sections 4 and 5 of
Rule 15 of the Rules of Court is a worthless piece of paper which the clerk
of court has no right to receive and which the court has no authority to act
upon. Being a fatal defect, in cases of motions to reconsider a decision, the
running of the period to appeal is not tolled by their filing or pendency.
(Cabrera vs. Ng, G.R. No. 201601, March 12, 2014)
4. As such, from the time said Decision was promulgated, the period provided
for the filing of motion for reconsideration or petition for review is not tolled
and has already lapsed. Hence, the Decision dated November 14, 2019
has now become final and executory;
5. Thus, plaintiff through counsel most respectfully move for the immediate
issuance of the corresponding Order of Finality and / or Entry of Judgment
for the said case

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court to GRANT the issuance of the Order of Finality and / or Entry
of Judgment of the Decision dated November 14, 2019.
Other reliefs just and equitable under the premises are likewise prayed for.
 ______________, Philippines, ________________.

___________________
For Plaintiff-appellee

NOTICE OF HEARING
The Branch Clerk of Court
RTC Branch _____
Roxas City

Greetings:
Please take notice that the foregoing comment and motion shall be
submitted for the consideration and approval of the Honorable Court immediately
upon receipt hereof or as soon as counsel and matter may be heard.

_______________________