Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch ___
Zamboanga City

THE PEOPLE OF THE CRIMINAL CASE NO.

PHILIPPINES,
Plaintiff,
- versus -
for Estafa
Accused.
x--------------------------x

MOTION FOR RECONSIDERATION

COMES NOW, the Private Complainant, ___________, through the

undersigned counsel unto this Honorable Court respectfully states:

1. That the office of the private complainant ___________________.,

with address at __________________________Zamboanga City,
received an Order from the Honorable Court stating that for failure
to appear before the Philippine Mediation Center for mediation on
dates mandated by this honorable court, they have effectively
waived the civil aspect in the prosecution of this case against the
accused;

2. That the undersigned counsel had only recently received notice of

the order mentioned above from private complainant when the
latter called the office of the herein undersigned counsel. Without
haste, the undersigned counsel immediately prepared this motion
for reconsideration of the order of the court mentioned above. It is
with regret that private complainant _________ failed to appear
before the Philippine Mediation Center (PMC for brevity) for
mediation. But there is a very good reason why he was not able to
appear before the same. He had only received notice of the
mediation only on the last scheduled date of hearing. Moreover,
upon learning of the mediation hearing, he sent his legal
representative to appear in his stead before the mediator but the
same proved to be for naught as the legal representative was not
armed with a Special Power of Attorney (SPA for brevity) as
mandated by the rules on mediation. Lastly, on the note of the
failure to produce an SPA, private complainant would not have
been able to prepare the required SPA on a moments notice for the
reason that at that particular time, private complainant is attending
to more pressing matters regarding the operation of his security
agency in other cities which is the primary reason why he opted to
send his legal representative but to no avail;

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 3. That all the while the undersigned counsel thought that private
complainant appeared before the scheduled mediation;

4. That it was never the intention of the private complainant to not

attend the scheduled mediation of this case. In fact he even tried to
rectify the same by sending his legal representative but to no avail.
It is, therefore, without fault on the part of the private complainant
for the reason above-stated, and not with the intention to
completely ignore the proceedings before the Philippine Mediation
Center, or to belittle the proceedings before the same due to said
failure to appear;

WHEREFORE, the private respondent through the undersigned

counsel most respectfully PRAY that the Order of the court declaring the
private respondent to have waived the civil aspect of the criminal case be
reconsidered and to allow the herein private complainant through the
undersigned to prosecute the civil aspect of the case.

That such other relief be GRANTED to the Petitioners as may be just

and equitable in the premises.

Zamboanga City, Philippines, this __ day of November 2017.

ATTY. _________________
__________________ Law Offices
_________________________ Zamboanga City
P.T.R. No. ___________________________
I.B.P. No. __________________________
Roll of Attorney No. ____________
M.C.L.E. Compliance No. ______________________

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 NOTICE OF HEARING

The Branch Clerk of Court

RTC, Branch___
Zamboanga City

Greetings:

Please submit the foregoing motion for consideration and approval of

the Honorable Court, and to set the hearing thereof on November __, 2017,
at or about 8:30 oclock in the morning of the said date.

___________________
G r e e t i n g s:
Please take notice that the foregoing motion is being submitted for the
consideration and approval of the Honorable Court and to set the hearing
thereof on November __, 2017 at or about 8:30 oclock in the morning of the
said date.

_______________________