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    Motion For Reconsideration Format

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    Kendrick Siao
    Jay Pritchett filed a motion for reconsideration of the court's decision to dismiss his petition for guardianship of a minor. The court had dismissed the petition due to lack of publication of its order, but Pritchett argues the order was complied with and publication occurred as instructed. However, at the initial hearing the proof of publication was accidentally damaged and illegible. Pritchett requests the decision be set aside to allow him to present new proof of publication and reschedule the initial hearing so the petition can be reconsidered.

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    Motion For Reconsideration Format

    Uploaded by

    Kendrick Siao
    2K views3 pages
    Jay Pritchett filed a motion for reconsideration of the court's decision to dismiss his petition for guardianship of a minor. The court had dismissed the petition due to lack of publication of its order, but Pritchett argues the order was complied with and publication occurred as instructed. However, at the initial hearing the proof of publication was accidentally damaged and illegible. Pritchett requests the decision be set aside to allow him to present new proof of publication and reschedule the initial hearing so the petition can be reconsidered.

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    Spec Pro Motion

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    Motion for Reconsideration Format

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    Jay Pritchett filed a motion for reconsideration of the court's decision to dismiss his petition for guardianship of a minor. The court had dismissed the petition due to lack of publication of its order, but Pritchett argues the order was complied with and publication occurred as instructed. However, at the initial hearing the proof of publication was accidentally damaged and illegible. Pritchett requests the decision be set aside to allow him to present new proof of publication and reschedule the initial hearing so the petition can be reconsidered.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views3 pages

    Motion For Reconsideration Format

    Uploaded by

    Kendrick Siao
    Jay Pritchett filed a motion for reconsideration of the court's decision to dismiss his petition for guardianship of a minor. The court had dismissed the petition due to lack of publication of its order, but Pritchett argues the order was complied with and publication occurred as instructed. However, at the initial hearing the proof of publication was accidentally damaged and illegible. Pritchett requests the decision be set aside to allow him to present new proof of publication and reschedule the initial hearing so the petition can be reconsidered.

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    The petitioner is requesting the court to reconsider its decision dismissing the initial petition for appointment of guardian and to allow the petitioner to present proof of publication of the court order.

    The petitioner is requesting the court to set aside its decision on April 8, 2019, allow the petitioner to present proof of publication, reschedule another date for initial hearing, and reconsider the petition.

    The initial petition was dismissed because the petitioner failed to present proof of publication of the court order dated April 1, 2019 during the initial hearing.

    Republic of the Philippines

    REGIONAL TRIAL COURT


    7th Judicial Region
    Branch 12, Cebu City

    IN THE MATTER OF THE


    APPOINTMENT OF Spec Proc No: R-CEB-19-0004-SP
    GUARDIAN OF A MINOR For: Guardianship of a Minor

    JAY PRITCHETT
    Petitioner,
    x---------------------------------------/

    MOTION FOR RECONSIDERATION

    Petitioner, JAY PRITCHETT, by the undersigned counsel and


    unto this Honorable Court most respectfully states that:

    TIMELINESS OF THE MOTION FOR RECONSIDERATION

    1. On April 8, 2019, this Honorable Court rendered a decision


    dismissing the Petition for the Appointment of Guardian of a Minor
    for Lack of Publication of the Order of this Honorable Court dated
    April 1, 2019.

    2. The Order Dismissing the said Petition was received by


    Petitioner on the same day of its dismissal or on April 8, 2019.

    3. This reconsideration is filed pursuant to the right of the


    complainant under Section 1, Rule 52 of the Rules of Court which
    provides:

    Section 1. Period of filing. - A party may file a motion for


    reconsideration of a judgment or final resolution within fifteen (15) days
    from notice thereof, with proof of service on the adverse party.

    4. This motion, being filed on April 12, 2019, is filed within the
    reglementary period as prescribed by the aforementioned rule.

    1
    GROUND

    The Trial Court erred in dismissing the petition outright on the


    ground of lack of publication of the order.

    DISCUSSION

    The Order promulgated by this Honorable Court dated April 1,


    2019 states that,

    “The petitioner is directed to cause the publication of this Order once


    a week for three consecutive weeks in a newspaper of general
    circulation in the cities and province of Cebu.”

    This was duly complied with by the petitioner and his counsel
    who caused such publication pursuant to the instruction
    aforementioned.

    However, during the initial hearing, the proof of the required


    publication was not presented as such was accidentally drenched
    with water which caused the smudging of the words making them
    undecipherable and the page itself, torn, during the morning of the
    initial hearing. The counsel immediately tried to reach the publishing
    company, SUNSTAR PHILIPPINES, to request and secure another
    copy of the publication for the past three weeks to which the latter
    responded in the negative as it cannot be produced immediately and
    only later during the day.

    PRAYER
    WHEREFORE, premises considered, it is most respectfully prayed
    that the Decision on April 8, 2019 of this Honorable Court be SET
    ASIDE, the Petitioner be ALLOWED TO PRESENT THE PROOF OF
    PUBLICATION, TO RESCHEDULE ANOTHER DATE FOR INITIAL
    HEARING and that the Petition be RECONSIDERED.

    The Petitioner further prays for such other reliefs just and
    equitable under the premises.

    Cebu City, Philippines, April 12, 2019.

    2
    ATTY. CHARLES XAVIER
    Counsel for Petitioner
    Room 43 XYZ Building, Mabolo, Cebu City
    PTR No. 123456; 1/2/19; Cebu City
    IBP OR No. 123456; 1/2/19; Cebu City
    MCLE Compliance No. 12345; 1/2/19
    Attorney Roll No. 12345

    NOTICE OF HEARING

    THE BRANCH CLERK OF COURT


    Regional Trial Court
    Branch 12, Cebu City

    Please submit the foregoing Motion to the Honorable Court for its
    consideration and approval immediately upon receipt hereof and
    kindly include the same in the Court’s calendar for hearing on April
    15, 2019 at 9:00 in the morning or soon thereafter as counsel may be
    heard.

    ATTY. CHARLES XAVIER


    Counsel for Petitioner
    Room 43 XYZ Building, Mabolo, Cebu City
    PTR No. 123456; 1/2/19; Cebu City
    IBP OR No. 123456; 1/2/19; Cebu City
    MCLE Compliance No. 12345; 1/2/19
    Attorney Roll No. 12345

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