Republic of the Philippines

REGIONAL TRIAL COURT OF NEGROS ORIENTAL

7th Judicial Region
Branch 35
Dumaguete City
SPOUSES ALFREDO I. GLORIA AND
NELIA A. GLORIA,
Plaintiff,

CIVIL CASE NO: 14864

FOR: RECISSION OF CONTRACTS
RECOVERY OF POSESSION,
INJUNCTION & DAMAGES

-versusMR. AND MRS. ALBERTO A.

BOCANEGRA,
Defendant.
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MOTION TO SET A HEARING FOR THE PURPOSE OF MARKING THE

DEFENDANTS EXHIBITS
COMES NOW, the undersigned counsel for the Defendants, unto this Honorable Court
most respectfully avers that:
1.

The Defendant Alberto Bocanegra already submitted his Judicial Affidavit last June 13,
2014;

2.

In said Affidavit, he has pre-marked his Exhibits 1 to 14, pursuant to Sec. 2 of the
Judicial Affidavit Rule which provides that:
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. The parties shall file with the court and serve on the adverse party, personally or by
licensed courier service, not later than five days before pre-trial or preliminary
conference or the scheduled hearing with respect to motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall take the place of such witnesses'
direct testimonies; and
(2) The parties' docun1entary or object evidence, if any, which shall be attached to the
judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the
respondent or the defendant.

3.

Considering that the Judicial Affidavit Rule is relatively a novel Rule, and the above
mentioned mode of marking Exhibits has been practiced by the undersigned in the
previous sala where he was assigned, the undersigned inadvertently construed this
provision to mean that the counsel assisting the affiant would be the one to mark the

Exhibits and attach them to the Judicial Affidavit, before submitting the same in Court;
4.

As a result, the undersigned did not ask the Honorable Court to have the Exhibits marked
during pre-trial. Nevertheless, said documents were already available during the pre-trial
of this case but for the above stated reasons, it was the undersigned who pre-marked it
before hand;

5.

To set the records straight, there is thus a need for the undersigned to ask for a hearing,
the purpose of which is to have the Honorable Court mark Exhibits 1 to 14 of the
defendant;

WHEREFORE, premises considered, the undersigned most respectfully prays that the
Honorable Court issue an order setting a hearing for the purpose of marking the Defendants
Exhibits 1 to 14.
Remedies just and equitable under the premises are likewise prayed for.
Respectfully submitted, August 18, 2014, Dumaguete City, Philippines.
PUBLIC ATTORNEYS OFFICE
Dumaguete City South District
Hall of Justice, E.J. Blanco Drive
Piapi, Dumaguete City
By:

ROMMEL JAN T. MIRASOL

Public Attorney II, Roll No. 57784
IBP No. 930139 (1/10/2014) Dumaguete City
MCLE Governing Board Rule No. 4 - 0005910
Copy Furnished and Notice of Hearing:
ATTY. EDUARDO SEDILLO
Dumaguete City
ATTY. BIENVENIDO LLANES
Clerk of Court
RTC, Negros Oriental
Branch 35, Dumaguete City
Greetings! The undersigned hereby submits the foregoing motion to the Honorable Court for its
consideration, on August 22, 2014 at 9:00 oclock in the morning.
ROMMEL JAN T. MIRASOL