REPUBLIC OF THE PHILIPPINES

REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGIONMETROPOLITAN TRIAL COURTMAKATI CITY, BRANCH 67

BANK OF THE PHILIPPINE ISLANDS, Plaintiff,

- versus -CIVIL CASE NO. 108726

LETICIA CAPENA SMITH, Defendant.x-----------------------------------------x

MOTION FOR EXECUTION

PLAINTIFF, by counsel, respectfully states:

1.On 2 September 2014, the Honorable Court rendered a Decision in the above-captioned case, the dispositive portion of which provides:

WHEREFORE, the Court RENDERS judgment ordering defendant Leticia Capena Smith to pay plaintiff Bank of the Philippine Islands the following amounts:

1. One Hundred Fifty Eight Thousand Four Hundred Thirty Seven Pesos and Eighty Seven Centavos (Php158,437.87) plus 6% interest per annum and 6% penalty per annum from July 12, 2013 until fully paid;

2. 10% of the total amount due as attorneys fees;

3. Costs of suit.

SO ORDERED.

2. As per the records of this case, a copy of the aforesaid decision was received by the defendant on 24 September 2014. Accordingly, defendant has fifteen (15) days from 24 September 2014 to appeal the said decision. A copy of the Registry Return Receipt is hereto attached as Annex A;

3. However, up to this date, no appeal or a motion for reconsideration was filed by the defendant. Hence, the Decision of this Court dated 2 September 2014 is now final and executory.

PRAYER

WHEREFORE, plaintiff respectfully prays that a writ of execution be issued commanding the Branch Sheriff to enforce the Decision of the Honorable Court dated 2 September 2014.

Makati City, 3 February 2015.

SAULOG & DE LEON LAW OFFICESCounsel for the PlaintiffUnit 1704 & 1705 88 Corporate Center141 Valero cor. Sedeo Streets, Salcedo Village, Makati CityTel Nos. 8136145, 8136149, 8945015, 8936112, 8178024

By:

ALFREDO B. DIMAFELIX II PTR No. 4750730/1.06.2015/Makati CityIBP Lifetime No. 011804/4.11.2013/Manila IV Admitted to the Bar 2013Roll No. 62506

NOTICE & COPY FURNISHED:

THE BRANCH CLERK OF COURT MTC-Makati City, Branch 67

LETICIA CAPENA SMITHBlock 11 Lot 1 Jubilation East VillageBinan, Laguna

GREETINGS:Please submit the foregoing motion for the consideration and approval of this Honorable Court on 5 March 2015 at 8:30 a.m..

ALFREDO B. DIMAFELIX II

EXPLANATION:

The foregoing pleading is served to the above-named addressee by registered mail instead of personal service for lack of personnel and due to the distance of the defendants address.