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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


BRANCH 69, MANILA

ELPIDIO MONTILA,
HEIRS OF ELPIDIO MONTILA
Petitioners,

-versus- CIVIL CASE NO. 112233

EUGENIO DALAUTA
Respondent.
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MOTION FOR EXTENSION


OF TIME TO SUBMIT
MEMORANDA

Petitioners, ELPIDIO MONTILA AND HEIRS OF ELPIDIO


MONTILA, by counsel, to this Honorable Court respectfully submits this
Memoranda and respectfully states that:

The counsel for the Plaintiffs received an order from the Prosecutor’s
Office of Branch 69 of Regional Trial Court of Manila1 requiring the Plaintiffs
to submit their respective memoranda and other supporting documents within
10 days from the receipt thereof:

1. That the Plaintiff’s counsel, MAD LAW OFFICES received the


notice on January 15, 2019 and the MAD LAW OFFICES
forwarded the notice to counsel, Atty. Rivera, on January 28, 2019.2

2. That pursuant to Section 3, Rule 12 of the Rules of Court, the


compliance therewith must be effected within ten (10) days from
notice of the order, unless a different period is fixed by the court;

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Exhibit A
2
Exhibit B

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3. Section 11, Rule 11 of the Rules of Court, which reads:

Upon motion and on such terms as may be just, the court may extend
the time to plead provided in these Rules.

The court may also, upon like terms, allow an answer or other
pleading to be filed after the time fixed by these Rules;

4. That A.M. No. 00-2-14-SC (February 29, 2000) which provides that
any extension of time to file the required pleading should be counted
from the expiration of the period;

5. That there is need to further study the case and to gather relevant
evidence to support the claim/s of the Plaintiff(s), thus, this request
for a period of ten (10) day extension within which to submit the
plaintiff’s memoranda and other supporting documents; and

6. That the filing of this motion is done in good faith and not for
purposes of delaying the proceedings of this case but for the reason
above-stated.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of


the Honorable Prosecutor that this Motion, praying for an extension of
TEN (10) DAYS within which to submit Petitioner’s Memoranda and
supporting documents, be granted.

ATTY. CHIRED RIVERA


MAD LAW OFFICES
San Rafael, Manila

Roll No. 123456


IBP NO. 2366 8888
MCLE COM.NO. 121997

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