REPUBLIC OF THE PHILIPPINES

Province of Leyte
10 MUNICIPAL CIRCUIT TRIAL COURT
th

Isabel-Merida Circuit
Isabel, Leyte

HEIRS OF __________,
namely, ______________ Civil Case No._____

Plaintiffs,

-versus- For: Recovery of

Possession (Accion
HEIRS OF _____ Publiciana) With Damages,
Preliminary Injunction and
Defendants. with Prayer for the
x-------------------------------x Issuance of a Temporary
Restraining Order

MOTION TO AMEND PRE-TRIAL ORDER

PLAINTIFFS, through counsel, to this Honorable Court,

respectfully states:

1. That the Pre-Trial Conference for the present case was

conducted on May 21, 2019;

2. That the Pre-Trial Oder was received by the Plaintiff’s counsel

on June 19, 2019;

3. That the Pre-Trial Order states that only __________ are to be

presented by the plaintiffs as witnesses, and there was no
judicial affidavit pre-marked or marked as exhibits for the
plaintiffs;

4. That, however, in the interest of justice, the plaintiffs pray that

the Honorable Court amend the Pre-Trial Order to include
additional witnesses vital to the cause of the plaintiffs, and to
allow the submission of the judicial affidavit/s of all the
witness/es, in lieu of their direct testimonies, on the hearing
date of this motion, if the Court grants the amendment;

5. That, the following are the persons the plaintiffs pray to be

1
 included as witnesses to be presented during trial and the
substance of their testimony, contained in their judicial
affidavits:

a. Emeterio D. Villanoza, Jr., Acting Regional Register of

Deeds, Registry of Deeds of Tacloban City – by way of
subpoena duces tecum and subpoena duces
testificandum, to produce the original owner’s duplicate of
the Certificate of Original Title No. P-84975, and to testify
on its authenticity, (without Judicial Affidavit);

b. ______ – to testify on the Sale Transaction which

transpired in the year 1977 and to identify the Deed of
Absolute Sale which has been marked as an Exhibit, and
other documents he signed in favor of Jenna T.
Fernandez, already pre-marked as exhibits;

6. That these witnesses were not named during the Pre-Trial

Conference but are vital for the plaintiffs’ cause;

7. That the plaintiffs apologize for the late addition of witnesses

and humbly prays for the Honorable Court’s benevolence and
grant this motion in the interest of justice;

8. That this motion is not intended for delay or to prolong the

proceedings in this case but for reasons already stated above;

WHEREFORE, premises considered, the plaintiffs through counsel

pray that the Pre-Trial Order be amended to include the Judicial
Affidavits of the Witnesses already named in the Order, and to
include the additional following witnesses and their respective Judicial
Affidavits to be presented during trial: Emeterio D. Villanoza, Jr.,
and _____.
Other reliefs, just and equitable under the premises are also prayed
for.
Respectfully submitted.

May 24, 2019. Isabel, Leyte, Philippines.

2
 _________________
Counsel for the Plaintiffs
PTR NO._____; 01/3/19; Mandaue City
IBP No.___ Cebu Chapter
SC Attorney Roll No. ____
MCLE Certificate of Compliance No. _______
Berovan Bldg., National Highway, Tabok, Mandaue City
Tel. _____

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Municipal Circuit Trial Court
Merida-Isabel Circuit

Greetings!

Please take notice that the undersigned counsel will submit the
foregoing motion for hearing on June 28, 2019 at 10:00 o’ clock in
the morning or at any time or date according to the availability of the
court.

Thank you.

_______________

Copy Furnished: (registered mail/lbc due to distance)

Atty. _______
Public Attorney III
Counsel for the Defendants
Public Attorney’s Office
Department of Justice
Ormoc City District

Received by:______________________ Date:_____________________