Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 78, City of Parañaque

PEOPLE OF THE PHILIPPINES,

-versus- Criminal Case No. 09-1206-08

LUIS SCHULTZ PELLICER III,

Accused.
x---------------------------------------x

URGENT MOTION TO RESET HEARING

ACCUSED, by and through counsel, unto this Honorable

Court, most respectfully avers, that:

1. Undersigned counsel for accused had a sports related injury

on 1 September 2018.

2. On 2 September 2018, undersigned counsel went to the

Philippine Orthopedic Center to have his left ankle checked
and was initially diagnosed with complete Achilles tendon
rupture but was advised to go back to the said center on 4
September 2018 for follow-up check-up. Before leaving the
said center, the attending physician had his left leg casted
to prevent further damage to the suspected ruptured
Achilles tendon.

3. On 4 September 2018, undersigned counsel went back to

the said center for his follow-up check-up, hence, his
inability to attend the hearing on said date. It was on this
date that it was confirmed that the left achilles tendon of
the undersigned had been completely ruptured and was
placed under surgical management. A copy of the medical
certificate issued by the Philippine Orthopedic Center dated
4 September 2018 is hereto attached as Annex “1” and
made an integral part hereof.

4. On 7 September 2018, underwent surgery for the open

repair of his left achilles tendon and was advised bed rest
for seven (7) days and to wear cast maintained on plantar
flexed position for 2 weeks. A copy of the medical certificate
issued by Dr. Jovito Ramil Paz is hereto attached as Annex
“2” and made an integral part hereof.
 5. Accordingly, undersigned counsel respectfully moves for the
resetting of the hearing set on 13 September 2018 at
8:30a.m. to 25 September 2018 at 8:30a.m. as previously
scheduled.

6. Accused likewise prays that she be given an additional

dates for presentation of her evidence in lieu of the 4
September 2018 which the undersigned counsel was not
able to attend by reason of the foregoing and of the 13
September 2018 hearing. With all due respect, the
foregoing reasons advanced by the Accused is within the
justifiable cause for the undersigned’s inability to attend the
4 and 13 September 2018 hearing.

7. The present motion is not intended to delay the

proceedings but solely due to the foregoing.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court to cancel the hearing on 13 September 2018
a.m. and to reset the same to 25 September 2018 at 8:30a.m.

It is further respectfully prayed of this Honorable Court to

grant the Accused additional dates for presentation of her evidence
in lieu of the 4 and 13 September 2018 hearings.

Such other just and equitable reliefs are likewise prayed for.

10 September 2018, Quezon City for Marikina City.

RL LEGAL CONSULTANCY
Counsel for the Accused
12 Scout Rallos Street, Brangay Laging Handa, Quezon City
Tel. No. 411-2065 / Fax No. 410-9777
marioyryanlauzon@gmail.com

MARIO RYAN E. LAUZON

Roll of Attorney No. 59730
Lifetime IBP No. 018064/9-20-2017/RSM
PTR No. 5561334/1-31-2018/QC
MCLE Compliance No. IV – 0019798 / 08-08-13
MCLE Compliance No. V – 0020624/ 28-04-16
 NOTICE OF HEARING

HON. BRANCH CLERK OF COURT

METROPOLITAN TRIAL COURT
MARIKINA BRANCH 75

HON. PUBLIC PROSECUTOR

METROPOLITAN TRIAL COURT
MARIKINA BRANCH 75

ATTY. JOSE C. LACHICA, JR.

Unit 4-I, Future Point Plaza 3,
No. 111 Panay Avenue,
Brgy. South Triangle,
Quezon City

GREETINGS:

In view of its very urgent nature and for the reason that the
present matter rests exclusively to the sound discretion of the
Honorable Court, kindly submit the foregoing motion for its
consideration and approval immediately upon receipt hereof.

MARIO RYAN E. LAUZON

COPY FURNISHED:

HON. PUBLIC PROSECUTOR

METROPOLITAN TRIAL COURT
MARIKINA BRANCH 75

ATTY. JOSE C. LACHICA, JR.

Unit 4-I, Future Point Plaza 3,
No. 111 Panay Avenue,
Brgy. South Triangle,
Quezon City

WRITTEN EXPLANATION
(if applicable)

Due to distance and lack of messengerial personnel at this

time, a copy of the foregoing was served to the other party/ies by
registered mail in lieu of the preferred mode of personal service,
done pursuant to the provisions of the 1997 Revised Rules of Civil
Procedure.

MARIO RYAN E. LAUZON