Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
BRANCH ___
_____ CITY

ABC DEF,
Plaintiff,

- versus - Civil Case No. 12345

GHI JKL,
Defendant.
x-------------------------------------------x

MOTION TO WAIVE RIGHT OF PLAINTIFF TO PRESENT

EVIDENCE

NOW COMES, the Respondent in the above-entitled case, thru the

undersigned counsel respectfully states that:

1. Above-mentioned case was filed by plaintiff, ABC DEF, on 2013 and

has been on-going for almost five (5) years;

2. From then on, numerous re-settings at the instance of the plaintiff

were made;

3. In fact, on March 18, 2016, an oral Motion to Strike from Records

the Testimony of Plaintiff was granted due to numerous absences of
plaintiff and her counsel. Hence, the court directed the continuation
of plaintiff’s presentation of evidence;

4. Albeit the fact that Plaintiff no longer shows interest in prosecuting

the case, respondent through his counsel continuously attended the
hearings and agreed to re-settings due to the fact that plaintiff made
the respondent believe that a compromise agreement may be
resorted to;
 5. The truth be told, parties have been in constant communication.
Respondent has been aggressively taking actions to settle the case
with the plaintiff;

6. From April 18, 2017 to present, counsel for the plaintiff deliberately
made the respondent believe that re-setting of the scheduled
hearings are necessary because they are in the process of reviewing
the terms of the negotiation;

7. Consequentially, Plaintiff’s counsel has been positively responding

to the respondent’s offer of negotiation;

8. However, plaintiff’s counsel merely goes to the hearing and

convinces the respondent’s counsel that they are agreeable to the
terms of the negotiation but does not make any actions until the next
hearing date;

9. Regrettably, this re-setting, based on the said reason, has been

repeatedly done and has reached an impasse;

10. It bears no further emphasis, that parties should only be allowed to

a certain latitude in the presentation of their evidence otherwise the
other party may be so hampered that the ends of justice may
eventually be defeated or appear to be defeated;

11. That in the interest of justice, fairness, and equality, respondent

move for the waiver of the plaintiff’s right to present evidence due to
inordinate delay on their part.

PRAYER

WHEREFORE, it is respectfully prayed that the Motion moving for the

waiver of the plaintiff’s right to present evidence be granted.

Other reliefs just and equitable are likewise prayed for.

___- City for _____ City. July 3, 2018.

 VERY GOOD LAW OFFICE

Counsels for the Defendant

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

RTC Branch ___, ____ City

Please submit the foregoing motion to the Honorable Court on 6 July

2018 at 2 in the afternoon for its favorable consideration and approval.

Copy furnish (by personal service):

Atty. Ewan Ko
Counsel for Plaintiff
1234 Don Chino Roces Ave. Makati City