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Motion to Admit Judicial Counter-Affidavit

This document is a motion filed by the defense counsel in a criminal case in the Municipal Circuit Trial Court in Tacloban City, Philippines. The motion requests that the court admit the accused's judicial counter-affidavit, which is being filed late. It explains that the accused did not receive the summons on time due to a lack of legal knowledge and was only recently able to obtain a copy of the summons and petition. The motion asks the court to grant the request to admit the late counter-affidavit and provide any other just and equitable relief.

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3K views2 pages

Motion to Admit Judicial Counter-Affidavit

This document is a motion filed by the defense counsel in a criminal case in the Municipal Circuit Trial Court in Tacloban City, Philippines. The motion requests that the court admit the accused's judicial counter-affidavit, which is being filed late. It explains that the accused did not receive the summons on time due to a lack of legal knowledge and was only recently able to obtain a copy of the summons and petition. The motion asks the court to grant the request to admit the late counter-affidavit and provide any other just and equitable relief.

Uploaded by

Mai pee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Motion to Admit Judicial Counter-Affidavit
  • Supplementary Information

Republic of the Philippines

SUPREME COURT
8th Judicial Region
MUNICIPAL CIRCUIT TRIAL COURT
BRANCH I
Tacloban City

PEOPLE OF THE PHIILIPPINES, CRIMINAL CASE NO. M-


Plaintiff, TAC-

-versus- FOR: VIOLATION OF BP


BLG. 22
CYREEN BINATAC,
Accused.
x---------------------------------------------x

MOTION TO ADMIT JUDICIAL COUNTER-AFFIDAVIT

ACCUSED, through counsel and unto this Honorable Court,


most respectfully states that:

1. On _________, 2019, this Honorable Court issued summons


directing the accused to file a judicial counter-affidavit within ten
(10) days after service thereof, in relation to the case for
violation of B.P. Blg. 22 filed against said accused;

2. However, for the reason that accused had no legal knowledge


nor understanding on the rules of procedure, said summons
was not served upon him and therefore was not able to file his
answer to the petition;

3. It was only on November 6, 2019, after arriving from Manila,


that respondent was able to get hold of a copy of the summons
and the petition such that the filing of this comment/opposition
is within the reglementary period of five (5) days provided for;

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.
November 11, 2019, Tacloban City.

MA. CHRISTINA ERNEST U. MOLINA


Counsel for the Respondent
0977 R. Mendiola St., Brgy. Sta Cruz,
Palo, Leyte, Philippines 6501
Contact No. 09173217334
Roll of Attorneys No. 72489/06-14-19
IBP No. 089047/06-10-19, Leyte Chapter
PTR No. PL 7904947/07-24-19, Tacloban City
MCLE Compliance – On process August 2019

NOTICE OF HEARING

ATTY. REGINA P. ELIZARDE


Clerk of Court
RTC Branch 7 (Family Court)
Magsaysay Blvd., Tacloban City

COPY FURNISHED: By personal service

ATTY. CHRISTINE MARY ROSE K. SAJONIA


Counsel for the Petitioner
PUBLIC ATTORNEYS OFFICE
Tacloban City

GREETINGS:

Please be informed that the undersigned shall submit the


foregoing Comment/Opposition to the Honorable Court for its
consideration and approval.

MA. CHRISTINA ERNEST U. MOLINA

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