Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 46 – Bacolod City
-oOo-

BANK OF THE PHILIPPINE ISLANDS,

Movant,
Cadastral Case No. 05-2168

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URGENT MANIFESTATION WITH MOTION

COMES NOW, the Mortgagors Federico Montilla and Ma. Cristina Montilla by

the undersigned counsel, and unto this Honorable Court, most respectfully avers that:

1. An order dated September 15, 2006 issued by this Honorable was received

by the undersigned counsel only yesterday, September 25, 2006. The

subject order specifically states that the pending Motion to deputize sheriff

filed by the movant bank is now deemed submitted for resolution.

2. It bears stress that there is another prior motion filed by the mortgagors

Montilla prior to the Motion to Deputize Sheriff and which is directly related

to the latter. More specifically, an urgent motion to suspend/lift writ of

possession was filed before this Honorable Court last August 22, 2006 at

3:10 P.M. which is way ahead of the Motion to Deputize Sheriff only filed in

the afternoon of September 13, 2006.

3. As it now stands, the Motion to Deputize Sheriff is already submitted for

resolution barely two (2) days after it was filed and without giving the

mortgagors the opportunity to file their comment/opposition thereto while on

the other hand, the URGENT Motion to suspend/lift writ of possession

filed earlier on August 22, 2006 remains to be submitted for resolution.

 4. In the interest of justice and fairplay, the mortgagors now plead that they be

also given time to comment/oppose the Motion to Deputize Sheriff before

the same is submitted for resolution or in the alternative, the said motion be

resolved simultaneously with the other pending Motion to lift/suspend writ of

possession as the said motions are co-related.

5. Moreover, the mortgagors Montilla respectfully invoke Paragraph 4, Section

9 of Rule 41 of the Revised Rules of Court which specifically provides that

the trial court loses jurisdiction upon the approval of the records on appeal

filed in due time and the expiration of the time to appeal of the other parties.

By reason thereof, any execution in relation to the decision in this case may

already be pre-mature at this time as the appeal was already perfected by

the herein mortgagors last September 7, 2006.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court to hold in abeyance the pending Motion to Deputize Sheriff pending

the filing of a comment/opposition by the mortgagors in fifteen (15) days not later than

October 10, 2006 or in the alternative, that the said Motion to Deputize Sheriff be

submitted for resolution jointly with the other pending motion to suspend or lift the writ

of possession filed by the mortgagors Montilla.

Such other reliefs and remedies just and equitable under the premises are

likewise prayed for.

Respectfully Submitted. Bacolod City, Philippines. September 25, 2006.

PACIFICO M. MAGHARI, III

Counsel for the Mortgagors
Federico & Ma.Cristina Montilla
590 Ylac St., Villamonte, Bacolod City
ROLL OF ATTORNEY’S NO. 44869
PTR No. 8321341 B. C. Jan. 4, 2006
 IBP No. 660782 B. C. Dec. 28, 2005

NOTICE OF HEARING

THE CLERK OF COURT

RTC – Branch 46
Bacolod City

Greetings!

Kindly submit the foregoing Motion for the consideration and resolution of this
Honorable Court on September 29, 2006 at 8:30 A.M. or as soon as the court calendar
may allow.

PACIFICO M. MAGHARI, III

ATTY. ROEM J. ARBOLADO

Counsel for the Petitioner
Bank of the Philippine Islands (BPI)
Midtown Arcade, Bacolod City

Kindly take notice that the undersigned will submit the foregoing Motion for the
consideration and resolution of this Honorable Court on September 29, 2006 at 8:30
A.M. or as soon as the court calendar may allow.

PACIFICO M. MAGHARI, III

Copy Furnished:

ATTY. ROEM J. ARBOLADO

Counsel for the Petitioner
Bank of the Philippine Islands (BPI)
Midtown Arcade, Bacolod City