URGENT
MANIFESTATION AND MOTION FOR CASE STATUS CONFERENCE BETWEEN THE PARTIES AND
THEIR LAWYERS IN RE: CERTAIN CONCERNS OF THE LEAD DEFENDANT xxx IN THE MATTER
OF THE FULL IMPLEMENTATION OF THE FINAL DECISION OF THE COURT.
THE LEAD DEFENDANT xxx, by
counsel, respectfully states:
1.
For the information of the Court, pursuant to
the Final Decision of the Court, the
lead defendant xxx has paid to the plaintiff the total sum of P593,000.00,
as shown in the attached summary of payments and the bank remittances forms,
marked as Annexes "A”, with submarkings.
2.
The remaining balance of the defendant is
only P7.000.00 as of today.
The defendant has long been
ready to pay the said small balance of P7,000.0 to the plaintiff to fully
settle his judgment obligation but he could not do so because of the facts
stated hereinbelow which are all beyond his control.
3.
The plaintiff xxx has reportedly moved from her old
home address at B xxx, L xxx, xxx , xxx, Cavite (as alleged in her
Complaint) to another home address somewhere in xxx, Cavite, which is
unknown to the defendant.
4.
The plaintiff has likewise changed her old
mobile number and her new mobile number is now unknown to the defendant,
hence, there is no way now on the part of the defendant of communicating with
the plaintiff about the payment of the defendant’s small balance of P7,000.00.
5.
The plaintiff has likewise closed her old
account with Banco de Oro (BDO), which the defendant was using to remit his
installment payments to the plaintiff to fully pay his adjudicated obligation
to the plaintiff.
The new bank account of the
plaintiff is unknown to the defendant.
The plaintiff has not
informed the defendant of her new bank account details.
6.
The defendant is feeling some anxiety and
nervousness caused by the series of facts stated above, all of which point to
the non-accessibility of the plaintiff in terms of address and mobile phone
number and the closure of her old bank account, and all other matters and
concerns related thereto.
7.
There is a need for an urgent special case
status conference in chambers between the parties and their lawyers to
iron out and solve the concerns raised hereinabove by the defendant so that
the Final Decision of the Court could be fully satisfied by the defendant
and so that thereafter the defendant could take later the needed legal steps to
record/annotate the full satisfaction of the Final Decision with the
Government Service Insurance System (GSIS) and the Register of Deeds of xxx
City and such other legal steps as may be warranted by law to protect his
legal rights and interests.
8.
In closing, it is suggested that, if the
non-accessibility of the plaintiff continues, the defendant be allowed to
deposit with the Court his small balance of P7,000.00, from where the
plaintiff could withdraw the said amount, to the full satisfaction of the Final
Decision of the Court.
WHEREFORE, premises
considered, it is respectfully prayed (a) that the foregoing
Manifestation be noted, for the record; (b) that an Order be issued
setting an urgent and special case status conference in chambers
among the parties and their lawyers to discuss, iron out, and resolve the
foregoing issues and concerns that now cause anxieties and nervousness on the
part of the defendant, with the end in view of fully satisfying the Final
Decision of the Court; and (c) that, if the unexplained non-accessibility of
the plaintiff continues, an order be issued allowing the defendant to
deposit with the Court the small balance of P7,000.00, from where the
plaintiff could withdraw the said amount, to the full satisfaction of the Final
Decision of the Court.
xxx City, xxx 2013.
LASERNA CUEVA-MERCADER LAW OFFICES
Counsel for
Defendant xxx
Unit 15, Star Arcade, C.V Starr Avenue
Philamlife Village, Las Pinas City 1740
MANUEL J. LASERNA JR.
X x x x
NOTICE OF
HEARING
Clerk of Court
Metropolitan Trial Court
Branch xxx
xxx City
MABUHAY:
Please set
this motion for hearing on xxx 2013, Thursday, at 8:30 AM. The opposing counsel and her client are
notified via registered mail of this motion. Thank you.
Manuel
J. Laserna Jr.
Cc :
Atty. Xxx
Counsel for Plaintiff
Rm. xxx
Xxx Bldg.
Brgy. xxx, xxx City
Metro Manila
Reg. Rec.
No.
Date PO
Xxx
Plaintiff
xxx, xxx, xxx, Cavite
Reg. Rec.
No.
Date PO
EXPLANATION
A copy of
this pleading is served via registered mail, instead of via personal service,
on the adverse party and her counsel due to the distance of his law office
address and the lack of field staff of undersigned counsel at this time.
MANUEL
J. LASERNA JR.
