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Republic of the Philippines

Supreme Court
MUNICIPAL TRIAL COURT IN CITIES
10th Judicial Region
Branch 2, Butuan City

RCH TRADING SCC NO. 19-096


Represented by For: “Collection of sum of money”

Plaintiff,

- versus –

ROLETO BETO,
Defendant,
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MOTION FOR EXECUTION ON THE ABSOLUTE


COMMUNITY PROPERTY OF THE
DEFENDANT’S SPOUSE

Plaintiff, unto this Honorable Court, respectfully alleges that:

1. On May 3rd, a judgment was rendered by the Honorable Court,


the dispositive portion of which reads:

“WHEREFORE, premises considered, judgment is


hereby rendered in favor of plaintiff. Accordingly, the
defendant is hereby ordered to pay the plaintiff the
amount of Php 69,978.00 with interest of 6% per annum
pursuant to BSP Circular No. 799 series of 2013, to be
reckoned from 12 February 2019, i.e., from the time
plaintiff extra-judicially demanded the fulfillment of the
obligation, until finality of Judgment. Thereafter, the sum
of which, inclusive of the interest, shall be subject
thereafter to 6% per annum interest until the due amount
is fully paid. Further, the defendant is ordered to pay the
cost of the suit in the amount of Php 2,712.00.

SO ORDERED.”

2. The judgment is final, executor and unappealable;

3. That upon execution of the said judgement the defendant could


not be located nor was their any personal property left by the
defendant to fulfill the judgment;

4. The sheriff was only able to locate Julieta Beto, the wife of the
defendant, who works in Pilot A Elementary School, Surigao
City. Attach hereto as Annex “A” is a copy of the SHERIFF’S
REPORT OF WRIT OF EXECUTION;

5. Under Section 3, Article 94 of the Family Code, it states that:


“Section 3. Charges and Obligations of the Absolute Community

Art. 94. The absolute community of property shall be liable for:

(1) The support of the spouses, their common children, and


legitimate children of either spouse; however, the support of illegitimate
children shall be governed by the provisions of this Code on Support;

(2) All debts and obligations contracted during the marriage


by the designated administrator-spouse for the benefit of the
community, or by both spouses, or by one spouse with the
consent of the other;

(3) Debts and obligations contracted by either spouse without the


consent of the other to the extent that the family may have been
benefited;

xxxx

If the community property is insufficient to cover the foregoing


liabilities, except those falling under paragraph (9), the spouses shall be
solidarily liable for the unpaid balance with their separate properties. “
6. Therefore, since Mrs. Julieta Beto is the lawful wife of the
defendant, all of the former’s absolute community property may
it be personal or real, may be executed to settle the obligation
the defendant has with the plaintiff.

WHEREFORE, premises considered, it is respectfully prayed


that a writ of execution be issued against Julieta Beto, wife of the
defendant, to implement the judgment of the Court dated May 3rd,
2019.

October 29, 2019, Butuan City.

Plaintiff
NOTICE OF HEARING

RONALD BETO
Purok Calachuchi, Navarro St.,
Brgy Taft, Surigao City
Defendant

JULIETA BETO
Spouse of the Defendant
Purok Calachuchi, Navarro St.,
Brgy Taft, Surigao City

or

Pilot A Elementary School


Surigao City

CLERK OF COURT
MTCC- Branch 2

Please be notified that the undersigned will submit the


foregoing motion for the consideration and approval of the Court
preferably on November 11, 2019 at 9:00 AM.

Butuan City, October 29, 2019.

Plaintiff