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REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA
HALBERT UY,
Plaintiff-Appellee,
- Versus -

CA G.R. No. 104212

WESTMONT MAMBURAO
BEACH RESORT, INC., AND
ANTONIO ONG,
Defendant-Appellant.
X* * * * * * * * * *X
MOTION FOR LEAVE OF COURT
TO ADMIT PLAINTIFF-APPELLEES BRIEF

COMES NOW, the Plaintiff-Appellee, in the above-entitled case,

by and through the Undersigned Counsel and unto this Honorable
Court, most respectfully avers:
1.
That Plaintiff-Appellees Brief is already due for past due
for filing;
2.
That due to honest inadvertence and oversight and not,
certainly on purpose, Undersigned Counsel was unable to file said
Appellees Brief within the time limit under the Rules since
Undersigned Counsel is just a one-man working unit heavily saddled
with Court engagements in and outside Metro Manila and immersed in
the workings of voluminous pleadings not to mention lined up clients
that flock his office for appointed conferences that gobbles much of
the Undersigneds time;
3.
Moreover, Undersigned really needed much considerable
time to file the desired Appellees Brief since the same involves
complex and intricate matters which necessitates an intelligible and
meticulous preparation of the desired Appellees Brief;
4.
That this Motion is not interposed to delay the disposition
of the instant case nor belittle this Honorable Courts proceedings but
only for the afore-stated compelling reasons cited;

5.
In the highest and broadest interest of substantial justice,
Undersigned Counsel sincerely express his profuse apologies and
humbly beseech and seeks leave that the Plaintifff-Appellees Brief
attached herewith, be Admitted to form part of the case records and
be considered in the Decision of Disposition of the instant case;
6.
The emerging trend in our jurisprudence is to afford every
party- litigant the amplest opportunity for the proper and just
determination of his cause free from the constraints of technicalities.
While it is desirable that the Rules of Court be faithfully and even
meticulously observed, court should not be so strict about procedural
lapses that do not really impair the administration of justice. (PACIFIC
UNION INSURANCE COMPANY vs. CONCEPTS & SYSTEMS
DEVELOPMENT INCORPORATED and COURT OF APPEALS,
FIFTEENTH DIVISION, G.R.No. 183528, February 23, 2011).
P R A Y E R
WHEREFORE, premises considered, it is most respectfully
prayed and humbly beseeched of this Honorable Court that this
Motion be Granted and that the Plaintifff-Appellees Brief attached
herewith, be Admitted to form part of the case records and be
considered in the Decision of Disposition of the instant case.
Other reliefs and remedies just and equitable under the
premises are likewise prayed for.
City of Manila, April 20, 2016.

ATTY. LEOPOLDO P. DELA ROSA

Counsel for Plaintiff-Appellee
Suite 307 CCI Building
1091 Concepcion Street
Ermita, Manila
I.B.P. No. 3825412/Mla.12-29-2014
P.T. R. No. 4921823/Mla./01-04-2016
Roll No. 28195
MCLE Compliance No. IV-0020667
June 13, 2013
NOTICE
ATTY. DENNIS C. ESPEJO
REYNO TIU DOMINGO & SANTOS
12TH Floor, Strata 100 Building
F. Ortigas Jr., Road, Ortigas Center
Pasig City

Greetings.

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Please take Notice that Undersigned Counsel will submit the
foregoing Motion for the kind consideration and approval of the
Honorable Court, immediately upon receipt hereof.

ATTY. LEOPOLDO P. DELA ROSA

E X P LAN AT I O N
This is to certify as an Officer of the Court that a copy of this MOTION was served, not
by personal service but by registered mail as herein-below indicated by reason of time,
distance, lack of manpower and urgency.

ATTY. LEOPOLDO P. DELA ROSA

Copy furnished:
ATTY. DENNIS C. ESPEJO
REYNO TIU DOMINGO & SANTOS
12TH Floor, Strata 100 Building
F. Ortigas Jr., Road, Ortigas Center
Pasig City