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Republic of the Philippines

MUNICIPAL TRIAL COURTS IN CITIES


11TH Judicial Region
Branch 2
DAVAO CITY

DAVAO CENTURY LENDING CIVIL CASE NO.:


CORPORATION 22N-463-A-c202
-versus-
For: REPLEVIN, with
SHERWIN L. RESTAURO PRAYER FOR SUM
AND BEVITA REASTAURO OF MONEY WITH
Defendants DAMAGES AND
x-----------------------------X ATTORNEY’S FEE

MOTION TO RESET

PLAINTIFF COMPANY, through the undersigned


counsel, unto this Honorable Court, hereby respectfully
avers that:

On 26 March 2018, the Honorable Court, in open court,


set the instant case for hearing on May 22, 2018 at 2:00 o’
clock in the afternoon for the purpose of conducting Judicial
Dispute Resolution.

However, plaintiff company hereby moves that the Judicial Dispute


Resolution on the scheduled date be cancelled and reset.

The undersigned counsel is not available on the said


date as earlier, she has to appear before the Regional Trial
Court of Nabunturan City and Regional Trial Court of Panabo
City to attend to hearings of an equally important case.
Attached is a copy of Order issued by the RTC of Nabunturan
City and Regional Trial Court of Panabo City hereof marked
as Annex “A” and Annex “B”, respectively;

As there is no other counsel, authorized to appear for


this particular case due to time constraints.

Also, plaintiff’s authorized legal representative, Bryan


Enacyawan, is not available on the said hearing date as he is
due to testify and attend the Judicial Dispute Resolution
thereafter on the case mentioned in the attached annex;
Considering the foregoing, with the kind indulgence of
the Honorable Court, plaintiff respectfully moves that the
hearing set on May 22, 2018 be cancelled and reset on June
13, 2018 or at any other date as court deems convenient;

This motion is not intended to delay the proceedings


but is necessitated by the foregoing reasons.

WHEREFORE, premises considered, it is most


respectfully prayed unto the Honorable Court that the
hearing set on May 22, 2018 be cancelled and reset on June
19, 2018 or at any other date most convenient to the
calendar of the Honorable Court.

Other reliefs just and equitable under the premises are


likewise prayed for.

Respectfully submitted. May 17, 2018 at Davao City.

DAVAO CENTURY LENDING CORPORATION

By:

ATTY. VICTORIA FLOR P. OGATIS


Counsel of Private Complainant/Private Prosecutor
Roll No. 67607
PTR No. 9886205 issued on 01/08/2018 @ Davao City
IBP No. 30576 issued on 01/10/2018 @ Davao City
MCLE Compliance: Exempted (Admitted to the Bar in 2017)
c/o 2nd Flr., Davao Central Warehouse Club Bldg.,
Lapu-lapu cor. N. Torres Sts., Agdao, Davao City
Landline: (082) 221-2275
Email: vfogatis@gmail.com

Copy furnished by registered mail:

The Clerk of Court


Municipal Trial Courts in Cities, Branch 2
Davao City, Davao del Sur

Atty. Joseph Brian A. Atensor


Defendant’s Counsel
Davao City
Sherwin and Bevita Restauro
Suha St. Brgy. Sasa, Km. 12,
Davao City

NOTICE OF HEARING

The Clerk of Court


Municipal Trial Courts in Cities, Branch 2
Davao City, Davao del Sur

Atty. Joseph Brian A. Atensor


Defendant’s Counsel
Davao City

Sherwin and Bevita Restauro


Suha St. Brgy. Sasa, Km. 12,
Davao City

Greetings!

Please take notice that the undersigned counsel will


submit the foregoing MOTION TO RESET for the
consideration and approval of the Honorable Court sans any
further argument nor appearance of private prosecutor.

ATTY. VICTORIA FLOR P. OGATIS

EXPLANATION

Copy of the foregoing MOTION TO RESET was served


unto the public prosecutor and to the accused’s counsel
through registered mail due to distance and lack of material
time to effect the preferred mode of service.

While the Honorable Court’s copy of the MOTION TO


RESET was filed through registered mail last _________
with registry receipt number __________ and through
personal service to ensure that the instant motion be
received on time.

ATTY. VICTORIA FLOR P. OGATIS


Republic of the Philippines}
City of Davao } S.S.

AFFIDAVIT OF SERVICE

I, ELMIRA B. REYES, of legal age, Filipino and with postal


address at 2nd Flr., DCWCI Bldg., Lapu-lapu corner N. Torres Sts.,
Agdao, Davao City, after having been duly sworn to in accordance with
law do hereby depose and stated that:

I am a Legal Staff of Fine Cash Lending Corporation – Legal


Department with office address at 2nd Flr., DCWCI Bldg., Lapu-lapu
corner N. Torres Sts., Agdao, Davao City;

As directed, copies of the MOTION TO RESET were served thru


registered mail, due to distance and lack of material time to:

The Clerk of Court


Municipal Trial Courts in Cities, Branch 2
Davao City, Davao del Sur

Atty. Joseph Brian A. Atensor


Defendant’s Counsel
Davao City

Sherwin and Bevita Restauro


Suha St. Brgy. Sasa, Km. 12,
Davao City

I am executing this affidavit pursuant to Section 13, Rule 13 of


the Rules of Court.

IN WITNESS WHEREOF, I have hereunto set my hand this


____________________ in Davao City, Philippines.

ELMIRA B. REYES
Affiant

SUBSCRIBED AND SWORN to before me this ______________,


Affiant exhibiting to me her valid government-issued identification card
issued by Philhealth bearing number 02-026615069-6, with her
specimen signature and picture.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2018.
Republic of the Philippines
3rd Judicial Region
REGIONAL TRIAL COURT
Branch 37
Baloc, Sto. Domingo, Nueva Ecija

PEOPLE OF THE PHILIPPINES,


Plaintiffs, Criminal Case No.
SD(14)-3328

-versus-
For: Qualified Theft

ROMULO A. DELA CRUZ,


Accused.
x- - - - - - - - - - - - - - - - - -x

MANIFESTATION

COMES NOW, Private complainant, through the


undersined private prosecutor, unto the Honorable Court,
hereby respectfully avers that:

On _________________, Private complainant filed a


Motion to Reset dated May 4, 2018 hearing of the above-
entitled case;

Private complainant hereby manifests that the said


Motion to Reset was filed thru registered mail due to
distance, lack of material time and to ensure the timely filing
of the same. Attached is a copy of the affidavit of service of
pleading with registry receipt number for your reference.

WHEREFORE, premises considered, it is most


respectfully prayed that this manifestation be duly noted and
that the Motion to Reset be granted.

Other reliefs just and equitable to the premises are


likewise prayed for.

RESPECTFULLY SUBMITTED this ______________ at


Davao City, Philippines (for Baloc, Sto. Domingo, Nueva
Ecija).
FINE CASH LENDING CORPORATION
By:

ATTY. VICTORIA FLOR P. OGATIS


Counsel of Private Complainant/Private Prosecutor
Roll No. 67607
PTR No. 9886205 issued on 01/08/2018 @ Davao City
IBP No. 30576 issued on 01/10/2018 @ Davao City
MCLE Compliance: Exempted (Admitted to the Bar in 2017)
c/o 2nd Flr., Davao Central Warehouse Club Bldg.,
Lapu-lapu cor. N. Torres Sts., Agdao, Davao City
Landline: (082) 221-2275
Email: vfogatis@gmail.com