Republic of the Philippines
SUPREME COURT
8th Judicial Region
REGIONAL TRIAL COURT
BRANCH 7 (Family Court)
Magsaysay Blvd., Tacloban City
JANECA CAPILI DOCIL, SP. PROC. CASE NO. R-
Petitioner, TAC-19-01150-SP
FOR: VIOLATION OF R.A.
-versus- NO. 9262
GREGORIO R. DOCIL,
Respondent.
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MOTION TO ADMIT COMMENT / OPPOSITION
Respondent, through counsel and unto this Honorable Court,
most respectfully states that:
1. On February 12, 2020, this Honorable Court issued summons
directing the respondent to file an answer, within five (5) days
after service thereof, to the Petition for Protection Order filed by
the petitioner;
2. On February 17, 2020, respondent went to the Integrated Bar of
the Philippines (IBP) – Leyte Chapter to avail of the free legal
assistance offered to indigent litigants;
3. However, due to lack of Legal Aid Lawyers, respondent was only
able to avail of the free legal aid service on February 18, 2020
where the undersigned was assigned to assist him;
4. The undersigned was only assigned to handle the preparation of
respondent’s comment/opposition to the petition on its last day
of filing in the late afternoon such that there was lack of sufficient
time to file the same in court;
5. The delay of one (1) day in the filing of the Comment/Opposition
to the Petition for Protection Order is not intended to delay nor to
undermine the speedy and proper administration of justice as the
reason for the delay was beyond the control of the respondent
and the undersigned counsel;
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6. In several cases decided by the Supreme Court, the High Court
relaxed the stringent application of technical rules in the exercise
of its equity jurisdiction. In Ligon v. Court of Appeals, it was held
that courts should not be so strict about procedural lapses that
do not really impair the proper administration of justice. After all,
the higher objective of procedural rule is to ensure that the
substantive rights of the parties are protected;
7. The respondent is asking for compassion and is hoping that a
mere one (1) day delay would merit the consideration of the
Honorable Court.
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable
Court, that this Motion to Admit be granted and the respondent’s
Comment / Opposition be admitted.
Other reliefs that are just and equitable under the premises are
likewise prayed for.
RESPECTFULLY SUBMITTED.
February 19, 2020, Tacloban City.
INTEGRATED BAR OF THE PHILIPPINES
NATIONAL CENTER FOR LEGAL AID
LEYTE CHAPTER
IBP Bldg., Grandstand Compound,
Sta. Cruz Street, Tacloban City
Tel # (053)-321-7811
CP # 0920-831-1782
Counsel for the Plaintiff
By:
MA. CHRISTINA ERNEST M. DE OÑO
Handling Counsel
0977 R. Mendiola St., Brgy. Sta Cruz,
Palo, Leyte, Philippines 6501
Contact No. 09173217334
Roll of Attorneys No. 72489/06-14-19
IBP No. 108822/01-09-2020, Leyte Chapter
PTR No. 7943734/01-03-2020, Tacloban City
MCLE Compliance No. VII - 0001148
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NOTICE OF HEARING
ATTY. REGINA P. ELIZARDE
Clerk of Court
RTC Branch 7 (Family Court)
Magsaysay Blvd., Tacloban City
GREETINGS:
Kindly submit the foregoing Motion to the Honorable Court for its
consideration and approval.
MA. CHRISTINA ERNEST M. DE OÑO
Explanation
Copy of the foregoing Motion was furnished by registered mail
due to the distance and the lack of manpower within which to effect
personal service thereof.
MA. CHRISTINA ERNEST M. DE OÑO
COPY FURNISHED:
JANECA CAPILI DOCIL
Brgy. 99, Diit Proper,
Tacloban City
