REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT OF PASIG CITY
PATEROS, METRO MANILA
BRANCH 262
PEOPLE OF THE PHILIPPINES,
Plaintif,
- versus -

CRIM CASE No. 126238

For: Revival of Judgment

ERNESTO UDANG
ANDAL, A.K.A JON-JON
ANDAL and REFLEX ANDAL
alias LEKLEK
Accused.
x -------------------------------------------- x
PETITION FOR REVIVAL OF JUDGMENT
Private complainant, by counsel, respectfully states
that:
1. Private complainant PEDRO APAS, JR., is Filipino, of legal age,
and residing at 1138 Alley 9, P. Rosales St. Brgy. Sta. Ana,
Pateros, Metro Manila. He may be served with summons and
other legal processes of the Honorable Court through the
undersigned counsel.
2. Accused Ernesto Udang Andal, is Filipino, of legal age, and
formerly residing at 1138 Alley 9, P. Rosales St. Brgy. Sta.
Ana, Pateros, Metro Manila, and now presently confined at
the New Bilibid Prison, Muntinlupa City. He may be served
with summons and other court processes through his
counsel on record, Atty. Jehan B. Sampao, Public Attorneys
Office, Hall of Justice, [continue here]
3. On 22 September 2009, accused Ernesto Udang Andal was
found guilty beyond reasonable doubt of the crime of
frustrated murder by the Regional Trial Court Branch 262 of
Pasig City (Pateros, Metro Manila), under Judge Isagani A.
Geronimo. The decretal portion of the Decision, a copy of
which is attached hereto as Annex A, states:
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WHEREFORE, judgment is hereby rendered

finding accused ERNESTO UDANG ANDAL ALIAS
JON-JON GUILTY beyond reasonable doubt of
the crime of Frustrated Murder and he is hereby
sentenced to suffer an indeterminate sentence of
Eight (8) years prision mayor as minimum to
Fourteen (14) years and Eight (8) months of
reclusion temporal as maximum.
He is also ordered to pay the private
complainant Pedro Apas, Jr. civil indemnity in
the amount of Thirty Thousand Pesos (PhP
30,000.00), actual damages in the amount of
Eleven Thousand Pesos (PhP 11,000.00).1
4. No appeal or motion for new trial or reconsideration was filed
by the accused within the time provided by the Rules of
Court. Thus, the above judgment had become final and
executory on the date of its entry. On 09 February, 2015, the
Clerk of Court of the RTC of Pasig City, Branch 262 (Pateros,
Metro Manila) issued a Certification that the judgment in
favor of the private complainant became final and executory
as of 18 December 2009. A copy of the Certification is
attached to this Petition as Annex B.
Based on the Rules of Court, a final and executory
judgment or order may be executed on motion within
five (5) years from the date of its entry. After the lapse
of such time, and before it is barred by the statute of
limitations, a judgment may be enforced by action 2. In
this case, the Motion for Issuance of Writ of Execution
was filed on 15 April 2015, well beyond the 5 year
period from 18 December 2009, the date of entry. Thus,
an independent action to enforce the 22 September
2009 Decision must be filed before it is barred by the
Statute of Limitations.
5. This action has not yet been barred by the Statute of
Limitations3, since actions upon a judgment can be brought
within ten years from the time the right of action accrues,
which in this case is 18 December 2009.

Emphasis and underscoring supplied.

Section 6, Rule 39 of the Rules of Court
3
Article 1144, Civil Code.
1
2

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PRAYER
WHEREFORE,
premises
considered,
the
Private
Complainant respectfully prays for the Honorable Court to:
(a)
Order the revival of the judgment of the Decision
dated 22 September 2009 in favor of private
complainant; and
(b)
Issue a writ of execution to implement the civil
aspect of the Decision dated 22 September 2009 pursuant to
said judgment.
Other reliefs just and equitable under the premises are
likewise prayed for.
Quezon City, for Pateros, Metro Manila, __ __________,
2015.
U.P. OFFICE OF LEGAL AID
Counsel for the Private Complainant
Ground Floor, Malcolm Hall
University of the Philippines
Diliman, Quezon City
Tel. No. 9276260 or 9205514 loc. 120/121
By:
ROWENA E.V. DAROY-MORALES
Director
Roll of Attorneys no. 39129
MCLE No. IV-000545/15 Feb 13/Pasig
IBP No. LPM-04130/Lifetime Member/
Makati
PTR No. 710110/20 Jan 15/Quezon

JOSE ANTONIO ALILING

Supervising Lawyer
Roll of Attorneys no. 50860
MCLE No. IV-0008354/2 Oct 12/Pasig
IBP No. 922780/Lifetime Member/Makati
PTR No. 2271464/05 Jan
15/Mandaluyong

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DIANE ANGELINE T. AGUSTIN

Law Intern

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Copy Furnished:
APP RONALD D. IGNACIO
Assistant Provincial Prosecutor
Office of the Prosecutor
Municipal Hall (Annex Building)
Pateros, Metro Manila
ATTY. JEHAN B. SAMPAO
Counsel for the Accused
Public Attorneys Office
Hall of Justice, DPWH Compound
Bicutan, Taguig City

EXPLANATION ON THE MODE OF SERVICE

Due to the lack of material time and available
personnel at the UP Office of Legal Aid to effect personal
service, the foregoing motion which is filed with the
Honorable Court is being served on the respondent by
registered mail. This explanation is given pursuant to Rule
13, Section 11 of the Revised Rules of Court.
DIANE
AGUSTIN
Law Intern

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REPUBLIC OF THE PHILIPPINES )

Quezon City
) S. S.
VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING
I, PEDRO APAS, JR., of legal age, Filipino, with
residence address at 1138 Alley 9, P. Rosales St. Brgy. Sta.
Ana, Pateros, Metro Manila, after having been duly sworn in
accordance with law, hereby depose and state that:
1. I am the private complainant in the instant case and
have caused the preparation and filing of this Petition
for Revival of Judgment;
2. I have read and understood the contents of the
instant Petition and attest that all the allegations
contained herein are true and correct based on my
own personal knowledge and/or based on authentic
records; and
3. I certify that I have not commenced any other action
or filed any claim involving the same issues raised in
the foregoing Complaint-Affidavit before this
Honorable Commission or any division thereof, or any
other court, tribunal, or agency and to the best of my
knowledge, no such action or proceeding is pending
before this Honorable Commission or any division
thereof, or any other court, tribunal, or agency.
4. If I should thereafter learn that a similar action or
proceeding has been filed or is pending before this
Honorable Commission, or any division thereof, or
any other court, tribunal, or agency, I undertake to
promptly inform this Honorable Commission of such
fact within five (5) days from knowledge thereof.
IN WITNESS THEREOF, I have hereunto affixed my
signature this ___ of June 2015 at Quezon City.
PEDRO APAS, JR.
Affiant
SUBSCRIBED AND SWORN to before me this ___ of
June 2015 at ________________, affiant exhibiting to me his
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_____________, with Number _____ bearing his photograph and

signature, issued by ____________________.
Doc. No. _____
Page No. _____
Book No. _____
Series of 2015.

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