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Motion To Admit

The respondent filed a Motion to Admit their Comment/Opposition to the petitioner's Petition for Protection Order, which was filed one day late due to lack of legal aid at the time of assignment. The motion argues that the one day delay was beyond the respondent's control and should be excused to ensure substantive rights are protected. The respondent requests the court grant the motion and admit their late filed Comment/Opposition.

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1K views3 pages

Motion To Admit

The respondent filed a Motion to Admit their Comment/Opposition to the petitioner's Petition for Protection Order, which was filed one day late due to lack of legal aid at the time of assignment. The motion argues that the one day delay was beyond the respondent's control and should be excused to ensure substantive rights are protected. The respondent requests the court grant the motion and admit their late filed Comment/Opposition.

Uploaded by

Mai pee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

SUPREME COURT
8th Judicial Region
REGIONAL TRIAL COURT
BRANCH 7 (Family Court)
Magsaysay Blvd., Tacloban City

JANECA CAPILI DOCIL, SP. PROC. CASE NO. R-


Petitioner, TAC-19-01150-SP

FOR: VIOLATION OF R.A.


-versus- NO. 9262

GREGORIO R. DOCIL,
Respondent.
x----------------------------------------------x

MOTION TO ADMIT COMMENT / OPPOSITION

Respondent, through counsel and unto this Honorable Court,


most respectfully states that:

1. On February 12, 2020, this Honorable Court issued summons


directing the respondent to file an answer, within five (5) days
after service thereof, to the Petition for Protection Order filed by
the petitioner;

2. On February 17, 2020, respondent went to the Integrated Bar of


the Philippines (IBP) – Leyte Chapter to avail of the free legal
assistance offered to indigent litigants;

3. However, due to lack of Legal Aid Lawyers, respondent was only


able to avail of the free legal aid service on February 18, 2020
where the undersigned was assigned to assist him;

4. The undersigned was only assigned to handle the preparation of


respondent’s comment/opposition to the petition on its last day
of filing in the late afternoon such that there was lack of sufficient
time to file the same in court;

5. The delay of one (1) day in the filing of the Comment/Opposition


to the Petition for Protection Order is not intended to delay nor to
undermine the speedy and proper administration of justice as the
reason for the delay was beyond the control of the respondent
and the undersigned counsel;

1
6. In several cases decided by the Supreme Court, the High Court
relaxed the stringent application of technical rules in the exercise
of its equity jurisdiction. In Ligon v. Court of Appeals, it was held
that courts should not be so strict about procedural lapses that
do not really impair the proper administration of justice. After all,
the higher objective of procedural rule is to ensure that the
substantive rights of the parties are protected;

7. The respondent is asking for compassion and is hoping that a


mere one (1) day delay would merit the consideration of the
Honorable Court.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable


Court, that this Motion to Admit be granted and the respondent’s
Comment / Opposition be admitted.

Other reliefs that are just and equitable under the premises are
likewise prayed for.

RESPECTFULLY SUBMITTED.

February 19, 2020, Tacloban City.

INTEGRATED BAR OF THE PHILIPPINES


NATIONAL CENTER FOR LEGAL AID
LEYTE CHAPTER
IBP Bldg., Grandstand Compound,
Sta. Cruz Street, Tacloban City
Tel # (053)-321-7811
CP # 0920-831-1782
Counsel for the Plaintiff

By:

MA. CHRISTINA ERNEST M. DE OÑO


Handling Counsel
0977 R. Mendiola St., Brgy. Sta Cruz,
Palo, Leyte, Philippines 6501
Contact No. 09173217334
Roll of Attorneys No. 72489/06-14-19
IBP No. 108822/01-09-2020, Leyte Chapter
PTR No. 7943734/01-03-2020, Tacloban City
MCLE Compliance No. VII - 0001148

2
NOTICE OF HEARING

ATTY. REGINA P. ELIZARDE


Clerk of Court
RTC Branch 7 (Family Court)
Magsaysay Blvd., Tacloban City

GREETINGS:

Kindly submit the foregoing Motion to the Honorable Court for its
consideration and approval.

MA. CHRISTINA ERNEST M. DE OÑO

Explanation

Copy of the foregoing Motion was furnished by registered mail


due to the distance and the lack of manpower within which to effect
personal service thereof.

MA. CHRISTINA ERNEST M. DE OÑO

COPY FURNISHED:

JANECA CAPILI DOCIL


Brgy. 99, Diit Proper,
Tacloban City

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