REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
MANILA
FOURTEENTH DIVISION
WILBERT CASUPANAN doing
business under the name OPTACOOL
ENTERPRISES,
Petitioner,
-- versus -- CA – G.R. SP NO. 135771
PHILIPPINE-SUNDT CONSTRUCTION
& DEVELOPMENT CORPORATION,
Respondent.
x ------------------------------------------------- x
PHILIPPINE-SUNDT CONSTRUCTION
& DEVELOPMENT CORPORATION,
Petitioner,
-- versus -- CA – G.R. SP NO. 135799
OPTACOOL ENTERPRISES, through
MR. WILBERT G. CASUPANAN,
Respondent.
x ------------------------------------------------- x
SECOND URGENT MOTION TO RESOLVE
Respondent PHILIPPINE-SUNDT CONSTRUCTION &
DEVELOPMENT CORPORATION (PHIL-SUNDT), through counsel,
to this Honorable Court, respectfully states that:
1. On 14 May 2015, after the issues have been joined,
respondent PHIL-SUNDT filed an Urgent Motion to Resolve the in the
above-captioned cases. A copy of said Motion is attached hereto as
Annex "A".
2
2. As previously manifested, pending the resolution of these
cases, petitioner OPTACOOL ENTERPRISES moved for the
execution of the award of the CONSTRUCTION INDUSTRY
ARBITRATION COMMISSION. Consequently, Sheriff Ronilo E.
Miguel levied properties belonging to respondent PHIL-SUNDT and
sold the same through public auction sale.
3. At present, several properties belonging to respondent
PHIL-SUNDT are still in custodia legis including the levied motor
vehicle (“Lexus”) with plate number LXS-800, the garnished Accounts
Receivables from Filinvest Alabang Inc. (“FAI”) estimated to be over
and above the alleged award, and the Backhoe and Telescopic
Forklift at “Site Skills” in Clark Freeport Zone.
4. To this date, and due most probably to the consolidation
of these cases and owing to the busy schedule of the Honorable
Court, no resolution/decision has as yet been issued in these cases.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed
that this Honorable Court immediately resolve the instant cases and
render judgment in favor of Respondent PHILIPPINE-SUNDT
CONSTRUCTION & DEVELOPMENT CORPORATION (petitioner in
CA – G.R. SP NO. 135799) and against Petitioner WILBERT
CASUPANAN (respondent in CA – G.R. SP NO. 135799).
Other reliefs and remedies just and equitable are also prayed
for.
Angeles City for the City of Manila, 13 July 2015.
HIPOLITO TUAZON VILLANUEVA
LAW OFFICES
Counsel for the PHIL-SUNDT
Ground Floor, Angeles Business Center,
Nepo Mart Complex, Angeles City
By:
ELFREN P. HIPOLITO, JR.
Roll of Attorneys No. 33515
IBP Lifetime Member No. 00416
PTR No.AC 0543658/ 1-5-15 / A. C.
MCLE Compliance No. IV–0023866,
Issued on 8 July 2014
HAZEL B. PANTIG
3
Roll of Attorneys No. 62306
IBP Lifetime Member No. 012315
PTR No.AC 0543659/ 1-5-15 / A. C.
MCLE Compliance No. V – 0003130,
Issued on July 30, 2014
Copy Furnished:
ATTY. NORMAN R. GABRIEL RR# __________________
Counsel for Wilbert Casupanan ___ July 2015
Ground Floor, Edmond Bldg. Post Office, Main, C.S.F.P.
No. 2733 Zenaida St., Poblacion
1200 Makati City
EXPLANATION
(in compliance with Section 11, Rule 13 of the 1997 Rules of Civil
Procedure)
Copies of the pleading to which this explanation is appended was:
filed with this Honorable Court by registered mail;
sent to counsel for the adverse party by registered mail; due to
the following reason/s:
the distance between this Honorable Court and counsel’s
office which makes personal filing of the pleading/motion
impracticable;
the distance from the office of counsel to the residence of the
adverse party which makes personal service impracticable;
lack of office personnel to effect personal service;
time constraints
E. P. HIPOLITO, JR.
H.B. PANTIG
