REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MAKATI CITY
BRANCH 63

IN RE: ISSUANCE OF WRIT

OF POSSESSION

-versus- LRC CIVIL CASE NO. M-

4118

CITYSTATE SAVINGS BANK, INC.,

Petitioner.
x--------------------------------------------x

VERY URGENT EX-PARTE

MOTION TO BREAK OPEN
Plaintif, Citystate Savings Bank, Inc., through the undersigned
counsel and unto this Honorable Court most respectfully avers that:

1. The Honorable Court issued a Writ of Possession in favor of

herein plaintiff bank, directing Sheriff Villamor R. Villegas to
immediately place herein petitioner in possession of the subject property
covered by TCT No. 215648, and eject therefrom all adverse occupants
including those claiming rights under Rolando G. Mojica. Photocopy of
the Writ of Possession is hereto attached and made an integral part
hereof as Annex “A”.

2. Sheriff Villamor R. Villegas repeatedly served the Notice to

Vacate to the occupants of the subject property, the latest of which was
on May 27, 2005, the same was received by Angelita Morales. Photocopy
of the latest Notice to Vacate is hereto attached as Annex “B” and
made an integral part of this Motion.

3. The occupants heeded/complied to the said Notice and vacated

the subject property, however, they close and padlock the door and left
inside their personal belongings. The Sheriff was thus prevented from
 carrying out the said Writ since he had no authority to break into the
premises to formally and properly turn over the possession to herein
petitioner bank. Photocopy of the Sherif’s Partial Report is hereto
attached as Annex “C”.

4. In view of the foregoing circumstances, a break open order is

indispensable in order for the implementing Sheriff to enter into the
subject premises and place herein petitioner bank in possession of the
same.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

that the Honorable Court immediately issue in favor Sheriff Villamor R.
Villegas an Order allowing him to Break and Enter into the subject premises
for the purpose of serving the Writ of Possession and give in favor of the
petitioner the peaceful possession thereof.

Other relief and remedies just and equitable under the premises are
likewise prayed for.

RESPECTFULLY SUBMITTED.
Pasig for Makati, June 3, 2005

TEODORO D. VILLAPEÑA, Jr.

Counsel for the Petitioner
Citystate Savings Bank, Inc.
2nd Floor, Citystate Center Building
709 Shaw Boulevard, Pasig City
IBP No. 631835/Bats/01-05-05
PTR No. 2249864/Pasig/01-05-05
Roll No. 47647

NOTICE
THE BRANCH CLERK OF COURT
RTC- Makati City
Branch 63

GREETINGS!

Please submit the foregoing Very Urgent Motion for the kind
approval and consideration of this Honorable Court immediately
upon the same is filed. Thank you!

TEODORO D. VILLAPENA, JR.