Motion

Republic of the Philippines
REGIONAL TRIAL COURT

10th Judicial Region
Branch 26
Medina, Misamis Oriental
-0-
PEOPLE OF THE PHILIPPINES,

Plaintiff, Crim. Case No. 184-M (2017)
-versus- For: RECKLESS IMPRUDENCE

RESULTING IN LESS
SERIOUS PHYSICAL
ALEXANDER MACAMAY y INJURIES
OBEDENCIO,
Accused,
x------------------------------/
URGENT MOTION FOR POSTPONEMENT
Comes now, Atty. Dan Patrick S. Garcia, from Legal Aid

Clinic of the Integrated Bar of the Philippines-Misamis
Oriental Chapter, and unto the Honorable Office most
respectfully submits this urgent motion for postponement, to
wit:
1. That per ORDER dated July 13, 2017, the Integrated

Bar of the Philippines-Misamis Oriental Chapter was
directed by this Honorable Court to represent the
accused in the above-titled case. Thereafter, the
Chairman of the IBP Legal Aid-Misamis Oriental, Atty.
Anna C. Caroz, has referred the case to this
representation in a letter dated August 1, 2017 which,
in return, I have accepted;
2. However, I was told just last Friday that I would be

having a hearing and/or oath taking for the issuance of
new notarial commission before the Honorable
Executive Judge on August 31, 2017. The same date
with the scheduled hearing of the above case;
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3. Due to this predicament, the undersigned could not
possibly appear and represent the above-named
accused on the scheduled hearing. Hence, this motion;
4. That instant motion is filed in good faith and never

intended to delay the proceedings of the Honorable
Court.
WHEREFORE premises considered it is most

respectfully prayed unto the Honorable Court that an
extension of Fifteen (15) days be granted and respondent be
given until August 19, 2017 within which to file Counter-
Affidavit.
Other reliefs and remedies just and equitable under the

premises are likewise prayed for.
Cagayan de Oro City, Philippines, for Zamboanga

Sibugay, August 4, 2017.
MERLIN P. CAIÑA & ASSOCIATES

Counsel for the respondent
2/F Consortium Building
Corrales Extension, Cagayan de Oro City
Mobile No. 09268261008
Landline Phone number (088) 880-3822
Email Address: mpc_lawoffice@yahoo.com
SYLVAN GERALD L. SABIO

IBP CDO (O.R. No.) 1059511; Jan. 06, 2017
PTR CDO (O.R. No.)3295855, Jan. 03, 2017
MCLE Compliance No. V–0009408, July 27, 2015
MCLE Compliance No. VI–0000814, Sept.29, 2016
TIN 178-265-979; Roll No. 45542
Notice of Hearing
APP Jeric Salarde Kagaoan

Office of the Provincial Prosecutor
Zamboanga, Sibugay
Harijan Maturan Iklaman
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Greetings!!
The undersigned will submit the foregoing motion for the

resolution and approval of the Honorable Court immediately
upon receipts sans oral arguments with or without the
appearances of parties.
Copy furnished by Registered mail:
Harijan Maturan Iklaman

Brgy. Matirling, Ungkaya,
Pukan, Basilan Province
RD.No. ________________ dated _______________;
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Crim. Case No. M17-06-2176
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THE PEOPLE OF THE CRIMINAL CASE NO. M17-06-
PHILIPPINES 2175
Plaintiff,
GINA C. TAN, VIOLATION OF B.P BLG. 22

-------------------
--- /
REPLY-AFFIDAVIT
The examination of GINA C. TAN was conducted and

supervised
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public of the Philippines
REGIONAL TRIAL COURT OF MISAMIS ORIENTAL
10TH Judicial Region
Branch 41
Cagayan de Oro City
THE PEOPLE OF THE CRIMINAL CASE NO. 2014-

PHILIPPINES 104
Plaintiff,
LETY VALENTIN CAGA, et.al.,

-------------------
--- /
MOTION TO RESET HEARING
Undersigned, counsel for accused Daral unto the

Honorable Court most respectfully states, to wit;
The above-entitled case is set for hearing on July 20,

2017 at 8:30 o’clock in the morning. Considering that the
common sur-rebuttal witness to be presented is not free and
available on the above-entitled date, it is most respectfully
prayed that the above scheduled date be cancelled and the
same be reset on November 7, 2017 at 8:30 o’clock in the
morning
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This motion is not intended to delay the proceedings of
the above-entitled case, but for the reason aforesaid. The
public prosecutor has been informed and requested of this
resetting through Cellular Phone call.
Against the foregoing background, it is most

respectfully prayed that the hearing of the above-entitled
case on July 20, 2017at 8:00 o’clock in the morning be
cancelled and the same be reset on November 7, 2017 at
8:30 o’clock in the morning.
Wherefore, it is most respectfully prayed of the

Honorable Court that the hearing scheduled on July 20,
2017 at 8:30 o’clock in the morning be cancelled and the
same be reset to November 7, 2017 at 8:30 o’clock in the
morning.

Cagayan de Oro City, Philippines. July 13, 2017.

Counsel for the Accused
MERLIN P. CAIÑA
IBP (OR) 1059597; Jan. 10, 2017,CDOC
PTR No.3329962; Jan. 5, 2017, CDOC
MCLE Compliance No. V-0000702 10.29.14
TIN NO. 114-722-311 ; Roll No. 24443
NOTICE OF SUBMISSION
TO: THE CLERK OF COURT

Brach 41, Cagayan de Oro City
Greetings!
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Please submit the foregoing MOTION immediately
upon receipt hereof, for the consideration of the Honorable
Court, sans further oral arguments and appearance of the
undersigned counsel
MERLIN P. CAIÑA
ATTY. ARNOLD REUBEN L. AGUILAR

Ombudsman Prosecutor II
Office of the Ombudsman for Mindanao
3rd Flr., Herrera Co. Bldg. Inc., Alvares St.,
Sta. Ana, Davao City
RR NO. ________________ dated: ____________;
ATTY. VINCENT CROMWELL V. SEREÑA

RS Bldg., Rosario Limketkai Avenue
Macajalar St., Camaman-an
Cagayan de Oro City
RR NO. ________________ dated: ____________;
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2/F Consorsium Building
Corrale Extension, Cagayan de Oro City

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Branch 24
Cagayan de Oro City
PEOPLE OF THE PHILIPPINES, CR. ORD. CASE NO. 2016-

Plaintiff, 1156
-versus-
ROSY JANE S. HAWILE

LINAAC,
Accused, FOR: BIGAMY
x- - - - - - - - - - - - - - - - /
MOTION TO WITHDRAW CASH BOND
Accused, by counsel unto the Honorable Court most

respectfully moves to withdraw her Cash Bond put up for her
temporary liberty, in the above-entitled case and alleges,
THAT;
1. For her provisional liberty accused put up a cash

bond in the amount of Php24,000.00 in the form of
Cash Bond as evidenced by Official Receipt No.
3727588 dated March 9, 2017 in her on name (ROSY
JANE H. LINAAC);
2. On 22nd day of March 2017, for having pleaded guilty

to a lesser offense she was sentence to suffer the
penalty of Two (2) Years, Four (4) Months, as
minimum, to Four (4) Years, Two (2) months, as
minimum, all of Pricion Correccional and there was
no civil liability or indemnity on the sentence;
3. It is submitted, there is no legal impediment which

would prevent the release of the subject Cash Bond
above-mentioned.
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WHEREFORE, it is most respectfully prayed of the
Honorable court the Cash Bond put up of the accused as
evidenced by the afore-stated Official Receipt be release or
withdrawn by the accused.

Cagayan de Oro City, Philippines, April 25, 2017

Mobile No. 09268261008
MERLIN P. CAIÑA
IBP (OR) 1059597; Jan. 10, 2017,CDOC
PTR No.3329962; Jan. 5, 2017, CDOC
MCLE Compliance No. V-0000702 10.29.14
TIN NO. 114-722-311 ; Roll No. 24443
Notice of Hearing
HON. CLERK OF COURT

RTC Br. 24,
Cagayan de Oro City
Office of the City Prosecutor
Greetings!!

appearance of counsel.
MERLIN P. CAIÑA
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City Hall, Cagayan de Oro City
BY _______________________
MR. DANTE E. ABATO

MRS
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Branch 11
Manolo Fortich Bukidnon
SPS. RANULFO AND CIVIL CASE NO. 17-01-188

LUZVIMINDA BACABIS, (Formerly 16-532 of the 2nd
Plaintiff, MCTC)
-versus-
HEIRS OF SPOUSES JUAN

AND CONSUELO EMANO, et.
al., FOR: QUIETING TITLE
Defendant ,
x- - - - - - - - - - - - - - - - /
MOTION FOR 2ND EXTENSION OF TIME

TO FILE APPELLANTS BRIEF
Plaintiffs, by counsel unto the Honorable Court most

respectfully states, to wit;
That per ORDER of the Honorable Court dated February

3, 2017 and which was received by the plaintiff on February
15, 2017, Plaintiff is directed to submit Appellants Brief
within Fifteen (15) days from receipt of the said Order.
However, due to the numerous other personal and
professional commitments of the undersigned, frankly
speaking, he cannot possibly file it on time as being prayed
for in the previous motion which is supposed to end on
March 16, 2017.
Due to this predicament the undersigned respectfully

moves for another and last extension of FIVE (5) days from
today within which to file Appellants Brief on or before March
21, 2017.
That instant motion is filed in good faith and never

intended to delay the proceedings of the Honorable Office.
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extension of Five (5) days be granted and plaintiff be given
until March 21, 2017 within which to file Appellants Brief.

Cagayan de Oro City, Philippines, March 16, 2017
JAMES K. JUDITH
Counsel for the Plaintiffs
PTR No. 3346667A Jan. 05, 2017
IBP O.R. No. 1059504 Jan. 06, 2017 Mis. Or Chapter
MCLE Compliance V-0000344, July 31, 2013
Roll No. 46884; May 3, 2002
TIN No. 909-580-546
Mobile Phone No. 09279754361
Landline Phone No. (088) 857-3316
Email address: jameslegal2006@yahoo.com
#186 Hayes cor. Corrales Street
Cagayan de Oro City
Notice of Hearing
HON. CLERK OF COURT

RTC Br. 11,
Manolo Fortich, Bukidnon
Heirs of Spouses Juan and

Consuelo Emano et. al.,
Greetings!!

JAMES K. JUDITH
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VESTINA EMANO-YBAÑEZ
JOVITA EMANO-MERCADO
AVELINA EMANO-ZAPATOS
RAFAEL B. EMANO
SOLEDA EMANO-CORTES
VICENTA B. EMANO
Gusa, Cagayan de Oro City
RD.No. ________________ dated _______________;
REPUBLIC OF THE PHILIPPINES

BRANCH 24
Cagayan de Oro City
PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 2013-650

Plaintiff
-vs-
ANTONIO PANILAG,
-Accused FOR: FRUSTRATED
- - - - - - - - - - - - - - - - - - / HOMICIDE
URGENT MOTION FOR POSPONEMENT

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That, the above-entitled case is set for hearing on
March 14, 2017 at 8:30 o’clock in the morning. Due to
conflict of schedule as undersigned counsel was previously
committed to appear for hearing in the case of Pp. vs.
Gregorio G. Sabio, before Municipal Circuit Trial Court of
Tagoloan, Misamis Oriental in the morning sessions, as
counsel for Accused he could not possibly attend to the
hearing of the above-entitled case before this Honorable
Court, unless, the same be cancelled and reset to April 12,
2017 at 8:30 o’clock in the morning
This motion is not intended for delay.

Honorable Court that the hearing scheduled on March 14,
same be reset to April 12, 2017 at 8:30 o’clock in the
morning.

Cagayan de Oro City, Philippines. March 13, 2017.

Mobile No. 09268261008

IBP CDO (O.R. No.) 1059511; Jan. 06, 2017
PTR CDO (O.R. No.)3295855, Jan. 03, 2017
MCLE Compliance No. VI–0000814, Sept.29, 2016
TIN 178-265-979; Roll No. 45542
Hon. Clerk of Court
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RTC Br. 24,
Cagayan de Oro City
ACP Labuntog
Kindly, take notice that the above-entitled motion be

submitted to the Honorable Court immediately upon receipt
hereof, sans oral arguments.
Copy furnished by personal service:
Assistant City Prosecutor Labuntog

City Hall, Cagayan de Oro City
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Branch 11
Cagayan de Oro City
SPS. RANULFO AND CIVIL CASE NO. 17-01-188

LUZVIMINDA BACABIS, (Formerly 16-532 of the 2nd
Plaintiff, MCTC)
-versus-
HEIRS OF SPOUSES JUAN

AND CONSUELO EMANO, et.
al., FOR: QUIETING TITLE
Defendant ,
x- - - - - - - - - - - - - - - - /
MOTION FOR EXTENSION

TO FILE APPELLANTS BRIEF
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That per ORDER of the Honorable Court dated February

3, 2017 and which was received by the plaintiff on February
15, 2017, Plaintiff is directed to submit Appellants Brief
within Fifteen (15) days from receipt of the said Order.
However, due to the heavy legal works and almost daily
appearances on Court, the undersigned counsel cannot
possibly comply with the Order and submit Appellants Brief.
It was only today that the undersigned counsel formally
discussed the matter with the defendant.

moves for an extension of FIFTEEN (15) days from today
within which to file Appellants Brief on or before March 16,
2017.


respectfully prayed unto this Honorable Court that an
extension of Fifteen (15) days be granted and plaintiff be
given until March 16, 2017 within which to file Appellants
Brief.

Cagayan de Oro City, Philippines, March 1, 2017
JAMES K. JUDITH
Counsel for the Plaintiffs
PTR No. 3346667A Jan. 05, 2017
IBP O.R. No. 1059504 Jan. 06, 2017 Mis. Or Chapter
MCLE Compliance V-0000344, July 31, 2013
Roll No. 46884; May 3, 2002
TIN No. 909-580-546
Mobile Phone No. 09279754361
Landline Phone No. (088) 857-3316
Email address: jameslegal2006@yahoo.com
#186 Hayes cor. Corrales Street
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Cagayan de Oro City
Notice of Hearing
HON. CLERK OF COURT

RTC Br. 11,
Manolo Fortich, Bukidno
Heirs of Spouses Juan and

Consuelo Emano et. al.,
Greetings!!

JAMES K. JUDITH
Copy furnished by Registered mail :
VESTINA EMANO-YBAÑEZ
JOVITA EMANO-MERCADO
AVELINA EMANO-ZAPATOS
RAFAEL B. EMANO
SOLEDA EMANO-CORTES
VICENTA B. EMANO
Gusa, Cagayan de Oro City
RD.No. ________________ dated _______________;
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BRANCH 44
INITAO, MISAMIS ORIENTAL
IN RE: PETITION FOR LRC CASE NO. 2012-1067

REISSUANCE OF THE
DECREE AFTER ITS
CANCELLATION OF DECREE
NO. DECREE NO. 746850,
DATED MAY 5, 1941
PERTAINING TO LOT NO.
11608, B.L. CAD-237, B.L.
CASE NO. 13, CADASTRAL
CASE NO. 26, LRC CAD. REC.
NO. 1591, OF THE
CADASTRAL SURVEY OF
CAGAYAN, PROVINCE OF
MISAMIS ORIENTALAND
DIRECTING THE LAND
REGISTRATION
AUTHORITY TO ISSUE
NEW DECREE OF
REGISTRATION AND
CORRESPONDING
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CERTIFICATE OF TITLE
PER SECTION 39, PD 1529
IN RELATION TO LRA
CIRCULAR NO. 35.
BERNARDINO L. NAGAC,
herein represented by
ADRIAN L. NAGAC,
-petitioner
------------------/
MOTION FOR POSTPONEMENT
Petitioner, by counsel unto the Honorable Court most


November 21, 2016 at 8:30 o’clock in the morning. Due to
committed to appear for hearing in the case of, Lordezo
Jardin vs. Victoria Hojas, before Regional Trial Court, Branch
18, Cagayan de Oro City in the morning sessions, as counsel
for defendants he could not possibly attend to the hearing of
the above-entitled case before this Honorable Court, unless,
the same be cancelled and reset to January 20, 2016 at
8:30 o’clock in the morning

Honorable Court that the hearing scheduled on November
21, 2016 at 8:30 o’clock in the morning be cancelled and the
same be reset to January 20, 2016 at 8:30 o’clock in the
morning.

Cagayan de Oro City, Philippines. November 18, 2016.

Counsel for the accused
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Mobile No. 09268261008
MERLIN P. CAIÑA
IBP (OR) 1011647; 12.22.2015,CDOC for (2016)
PTR No.3040044; 12.22.2015,CDOC for (2016)
MCLE Compliance No. V- 0000702 10.29.14
TIN NO. 114-722-311 ; Roll No. 24443

IBP CDO (O.R. No.) 1011648; Dec. 22, 2015 (for 2016)
PTR CDO (O.R. No.) 3040044, Dec. 22, 2015 (for 2016)
TIN 178-265-979; Roll No. 45542
Hon. Clerk of Court

RTC Br. 44,
Initao, Misamis Oriental
APP Jan J. Parrado
OFFICE OF THE SOLICITOR GENERAL
Land Registration Authority

APP Jan J. Parrado Land Registration

Office of the Provincial Authority
Prosecutor Deliman Quezon City
Initao, Misamis Oriental RD No. _____________
RD No. _____________ dated November 18, 2016
dated November 2016
OFFICE OF THE
SOLICITOR GENERAL
134 Amorsolo Street, Legaspi
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Village,
Makati City
RD No. ____________ dated
November 18, 2016

SUPREME COURT
MUNICIPAL TRIAL COURT IN CITIES
Branch 4
Cagayan de Oro City
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XAVIER TIBOD BANK, INC., CIVIL CASE NO. 116-SEPT-
Plaintiff, 090
-versus-
RONNY V. OBSIOMA FOR: COLLECTION OF SUM

Defendant , OF MONEY
x- - - - - - - - - - - - - - - - /
MOTION FOR EXTENSION TO FILE ANSWER
Defendant, by counsel unto the Honorable Court most

That per SUMMONS of the Honorable Court dated

October 6, 2016 and which was received by the defendants
on October 18, 2016, defendant is directed to submit answer
or any responsive pleading within Fifteen (15) days from
receipt of the said Order. However, due to the heavy legal
works and almost daily appearances on Court, the
undersigned counsel cannot possibly comply with the Order
and submit answer and/or any responsive pleading. It was
only today that the undersigned counsel formally discussed
the matter with the defendant.

within which to file answer and/or any responsive pleading
on or before November 18, 2016.


extension of Fifteen (15) days be granted and defendant be
given until November 18, 2016 within which to file his
answer and/or any responsive pleading.
29 | P a g e
Cagayan de Oro City, Philippines, November 3, 2016.

Counsel for the defendant
Mobile No. 09268261008
MERLIN P. CAIÑA
IBP (OR) 1011647; 12.22.2015,CDOC for (2016)
PTR No.3040044; 12.22.2015,CDOC for (2016)
TIN NO. 114-722-311 ; Roll No. 24443

Notice of Hearing
HON. CLERK OF COURT

MTCC,Cagayan de Oro City
ATTY. GEORGINA P. SUMICAD-HUERBANA
Greetings!!

resolution and approval of the Honorable Office immediately
ATTY. GEORGINA P.HUERBANA

1000 Dongallo Compound, Hayes Ext.
Camaman-an, Cagayan de Oro City
RR#__________________;
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DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
RUTH MAYORMITA Y NPS DOCKET NO. X-01A-INV-

TAGLINAO 16D-00106
Complainant,
-versus-
FOR: ATTEMPTED RAPE
RICHARD MOLEJON
Respondent,
x- - - - - - - - - - - - - - - - - -
- /
MOTION FOR EXTENSION TO FILE COUNTER

AFFIDAVIT
Respondent, by counsel unto the Honorable Court most

That per Order of the Honorable Office dated April 25th

2016 and which was received by the undersigned counsel
on May 13, 2016, respondents is directed to submit their
Counter-Affidavit within Ten (10) days from receipt of the
said Order. However, due to the heavy legal works and
almost daily appearances on Court, the undersigned cannot
possibly comply with the Order and submit today the
Counter-Affidavit. It was only today that the undersigned
counsel formally discuss the matter with the respondent.

moves for an extension of TEN (10) days from today within
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which to file her Counter-Affidavit on or before May 23,
2016.


extension of Ten (10) days be granted and respondent be
given until May 23, 2016 within which to file his Counter-
Affidavit.

Cagayan de Oro City, (for Manolo Fortich Bukidnon)

Philippines. May 13, 2016.

Counsel for the Respondent
MERLIN P. CAIÑA
IBP (OR) 1011647; 12.22.2015,CDOC for (2016)
PTR No.3040044; 12.22.2015,CDOC for (2016)
TIN NO. 114-722-311 ; Roll No. 24443
Notice of Hearing

Cagayan de Oro City
RUTH T. MAYORITA
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Greetings!!

MERLIN P. CAIÑA
RUTH T. MAYORITA
Tubod Umagling,
Malitbog, Bukidnon
RR# ____________________:
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Branch 41
Cagayan de Oro City
THE PEOPLE OF THE CRIMINAL CASE NO. 2014-

PHILIPPINES 104
Plaintiff,
LETY VALENTIN CAGA, et.al.,
------------------/
MOTION TO RESET HEARING
Undersigned, counsel for accused Daral unto the

The above-entitled case is set for hearing on June 2,

2016 at 8:30 o’clock in the morning. Considering that the
undersigned counsel has already allotted the whole
months of June and July 2016 respectively, to attend
to his personal engagements and/or commitments
equally important with court hearings, his first available
date to have the continuous hearing of the above-entitled
case is on August 4, 2016 at 8:30 o’clock in the morning.
This motion is not intended to delay the proceedings of

the above-entitled case, but for the reason aforesaid.
Against the foregoing background, it is most

case on June 2, 2016 at 8:00 o’clock in the morning be
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cancelled and the same be reset on August 4, 2016 at 8:30
o’clock in the morning.

Honorable Court that the hearing schedule on June 2, 2016
at 8:30 o’clock in the morning be cancelled and the same be
reset to August 4, 2016 at 8:30 o’clock in the morning.

Cagayan de Oro City, Philippines. May 5, 2016 15,

2016.

MERLIN P. CAIÑA
IBP (OR) 1011647; 12.22.2015,CDOC for (2016)
PTR No.3040044; 12.22.2015,CDOC for (2016)
TIN NO. 114-722-311 ; Roll No. 24443
NOTICE OF SUBMISSION
TO: THE CLERK OF COURT

Tenth Judicial Region
Brach 41, Cagayan de Oro City
Greetings!
Please submit the foregoing MOTION immediately

upon receipt hereof, for the consideration of the Honorable
Court, sans further oral arguments and appearance of the
undersigned counsel
MERLIN P. CAIÑA
37 | P a g e
RR NO. ________________ dated: ____________;

Cagayan de Oro City
RR NO. ________________ dated: ____________;

Cagayan de Oro City


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Branch 18
Cagayan de Oro City
Maramag Bukidnon
CAPITOL UNIVERSITY CIVIL CASE NO. 007-15-P

MEDICAL CITY FOUNDATION
INCORPORATED HEREIN REP. For: PETITION OR
BY AGUSTINE E. CONSOLIDATION OF
VILLANUEVA, OWNERSHIP OF TRANSFER
Plaintiff, CERTIFICATE OF TITLE NO.
P-406613 UNDER PACTO DE
-versus- RETRO SALE
ESPERIDEON L. BALURAN
SPOUSE
Defendants,
- - - - - - - - - - - - - - - -/
MOTION TO RESET WITH NOTICE OF CHANGE OF

ADDRESS
Plaintiff, by counsel unto the Honorable Court most


February 10, 2016 at 9:00 o’clock in the morning. Due to
personal commitment on the said date, he could not possibly
attend to the hearing of the above-entitled case before this
Honorable Court, unless, the same be cancelled and reset to
June 16, 2016 at 9:00 o’clock in the morning
That office address of the plaintiffs’ counsel (MERLIN

P. CAIÑA AND ASSOCIATES) has been change, to wit;
OLD ADDRESS: 2/F Ligan Building

#188 Lapasan Highway
Lapasan, Cagayan de Oro City
NEW ADDRESS: 2/F Consortium Building

Corrales Extension
Cagayan de Oro City
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The undersigned counsel wishes that he be furnish
copies of notices, orders and processes of the Honorable
Court at his new office address.
Wherefore it is most respectfully prayed of the

Honorable Court that the hearing scheduled on February 10,
same be reset to June 16, 2016 at 9:00 o’clock in the
morning.

Cagayan de Oro City, (for Maramag, Bukidnon)

Philippines. February 4, 2016.

Counsel for the Plaintiff

TIN 178-265-979; Roll No. 45542
Hon. Clerk of Court

MCTC Tagoloan-Villanueva
Misamis Oriental

submitted to the Honorable Court immediately upon receipt t
Espiridion Baluran & Spouse

Poblacion, Pangantucan
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Bukidnon
RR NO. ________________ dated: ____________;

Branch 18
Cagayan de Oro City
IN THE MATTER OF SPEC. PROC. CASE NO. R-

VOLUNTARY INSOLVENCY 2013-029
AND LIQUIDATION OF ASSET
OF JONATHAN V. ATON AND
GRACE R. ATON,
JONATHAN V. ATON AND

GRACE ATON,
Petitioners.
- - - - - - - - - - - - - - -/
MOTION TO RESET WITH NOTICE OF CHANGE OF

ADDRESS

1. That the above-entitled case is set for hearing on

February 18, 2016 at 2:00 o’clock in the afternoon. And due
to twist of events wherein undersigned counsel has to attend
other equal important but personal case scheduled on the
same date, he is compelled to request that the above-
entitled case be reset to another date coupled by the fact
that petitioner has to look for another person qualified to be
a substitute liquidator per order of the Honorable Court
dated January 21, 2016.
2. That this motion is not intended for delay but for

reasons herein stated.
3. Against the foregoing background it is most

case on February 18, 2016 at 2:00 o’clock in the afternoon
be cancelled and the same be reset on April 14, 2016 at
2:00 o’clock in the afternoon.
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That office address of the plaintiffs’ counsel (MERLIN
P. CAIÑA AND ASSOCIATES) has been change, to wit;
OLD ADDRESS: 2/F Ligan Building

#188 Lapasan Highway
NEW ADDRESS: 2/F Consortium Building

Corrales Extension
Cagayan de Oro City
The undersigned counsel wishes that he be furnish

copies of notices, orders and processes of the Honorable
Court at his new office address.

Honorable Court that the hearing scheduled on February 18,
same be reset to April 14, 2016 at 2:00 o’clock in the
afternoon.

Cagayan de Oro City, Philippines. February 15, 2016.

MERLIN P. CAIÑA
IBP (OR) 1011647; 12.22.2015,CDOC for (2016)
PTR No.3040044; 12.22.2015,CDOC for (2016)
TIN NO. 114-722-311 ; Roll No. 24443
Hon. Clerk of Court

RTC Br. 18
Cagayan de Oro City
ATTY. CRISTINA JUGADOR
43 | P a g e
ATTY. ALEXANDER PAULINO
ATTY. ARTURO PERALTA

MERLIN P. CAIÑA
ATTY. CRISTINA JUGADOR

Pambato blg., Ramon Chaves
Cagayan de Oro City RR# ___________ dated
_____________:
ATTY. ALEXANDER PAULINO

c/o Planters Bank
Cagayan de Oro Branch
Cagayan de Oro City RR# ____________ dated
____________:
ATTY. ARTURO PERALTA

Counsel for Gear Foods
Ground Floor, Daproza Bldg.,
Daproza Avenue
General Santos City RR# _____________ dated
______________:
44 | P a g e
45 | P a g e
6th MUNICIPAL CIRCUIT TRIAL COURT TAGOLOAN &
VILLANUEVA
Tagoloan, Misamis Oriental
Sps. Filomeno S. Salcedo Sr. Civil Case No. 2014-360

Represented by: Curo P.
salcedo, Sherly Salcedo
Cabugwas & Lamberto P.
Salcedo,
Plaintiffs,
FOR: UNLAWFUL DETAINER
-vs- AND DAMAGES
Ms. Lydia S. Maulas & Ms.

Aracelli S. Maulas,
Defendants
x- - - - - - - - - - - - - - - - /
MOTION FOR POSPONEMENT


February 5, 2016 at 8:30 o’clock in the morning. Due to
committed to appear for hearing in the case of,
Tamparong/Gungob vs. Rubin, before MTCC Branch 4
Cagayan de Oro City in the morning sessions, as counsel for
defendants he could not possibly attend to the hearing of
the same be cancelled and reset to February 12, 2015 at
8:30 o’clock in the morning
46 | P a g e
Honorable Court that the hearing scheduled on January 15,
2015 be cancelled and the same be reset to February 12,
2015 at 8:30 o’clock in the morning.

Cagayan de Oro City, (for Tagoloan, Misamis Oriental),

Philippines. January 9, 2014.

2/F Ligan Building
No. 188 Lapasan Highway
Lapasan Highway, Cagayan de Oro City
Tel. No. 8568238
MERLIN P. CAIÑA
IBP (OR) 1011647; 12.22.2015,CDOC for (2016)
PTR No.3040044; 12.22.2015,CDOC for (2016)
TIN NO. 114-722-311 ; Roll No. 24443
Hon. Clerk of Court

Misamis Oriental

MERLIN P. CAIÑA
ASST. PROV. PROSECUTOR

Cagayan de Oro City
47 | P a g e
AUDIE G. PADUGANAN
No. 22 Gen. Wood Corner Bonifacio St.,
Zone 13 Poblacion, Tagoloan,
Misamis Oriental

48 | P a g e
Province of Misamis Oriental
APP ETHELINDA P. BACAL
WENDELYN BANAAG-REAL NPS NO. INV-15H-00466

Complainant,
-versus-
FOR: GRAVE THREATS
MELCHOR SABIO and GORIO
SABIO
Respondent,
x- - - - - - - - - - - - - - - - - -
- /
MOTION FOR EXTENSION OF TIME AND

POSPONEMENT
Respondent Defendants-appellants, by counsel unto the

That per Order of the Honorable Office dated

September 7, 2015 and which was received by the
undersigned counsel on September 14, 2015, respondents is
directed to submit their Counter-Affidavit within Ten (10)
days from receipt of the said Order. However, due to the
heavy legal works and almost daily appearances on Court,
the undersigned cannot possibly comply with the Order and
submit today the Counter-Affidavit and draft memorandum.
It was only today that the undersigned counsel formally
discuss the matter with the respondent.

within which to file her Counter-Affidavit on or before
October 6, 2015.


49 | P a g e
extension of FIFTEEN (15) days be granted and respondent
be given until October 6, 2015 within which to file his
Counter-Affidavit.

Cagayan de Oro City, Philippines. September 21, 2015.

Counsel for the respondents
2/F Ligan Building
Tel. No. 8568238

IBP CDO (O.R. No.) 945557; Dec. 9, 2014
PTR CDO (O.R. No.) 2695855A, Dec. 11, 2014 MCLE
Compliance No. IV – 0020624, May 7, 2013
TIN 178-265-979; Roll No. 45542
Notice of Hearing

Cagayan de Oro City
WENDELYN BANAAG-REAL
Greetings!!

Sylvan Gerald L. Sabio
WENDELYN BANAAG-REAL
50 | P a g e
J.R Borja Extension, Camaman-an
Cagayan de Oro City
epublic of the Philippines

Province of Misamis Oriental
EFREN S. BUHISAN NPS NO. X-05-INV-15G-

Complainant, 00377
-versus-
JEFFVIC O. ITO A.K.A FOR: MURER

“TAWING” ,
51 | P a g e
Respondent,
x- - - - - - - - - - - - - - - - - -
- /
MOTION FOR EXTENSION OF TIME AND

POSPONEMENT
Respondent Defendants-appellants, by counsel unto the

That per Order of the Honorable Office dated May 12,

2015 and which was received by the undersigned counsel on
May 21, 2015, complainant is directed to submit her verified
position paper and draft decision within fifteen (15) days
from receipt of the said Order. However, due to the heavy
legal works and almost daily appearances on Court, the
undersigned cannot possibly comply with the Order and
submit today the position paper and draft memorandum.

within which to file her Counter-Affidavit on or before
September 23, 2015.


extension of FIFTEEN (15) days be granted and respondent
be given until September 23, 2015 within which to file his
Counter-Affidavit.


2/F Ligan Building
Tel. No. 8568238
52 | P a g e
IBP CDO (O.R. No.) 945557; Dec. 9, 2014
TIN 178-265-979; Roll No. 45542
Notice of Hearing
HLURB Office
Northern Mindanao Region,
Cagayan de Oro City
ATTY. CHRISTER A. SORILLA
Greetings!!

Copy furnished:

c/o Communities Cagayan, Inc.,
2nd Floor, Pelaez Arcade II
R.N. Abjuela cor. J.P Rizal Sts.,
Cagayan de Oro City
Registry receipt No. _________date: June 5, 2015
53 | P a g e
National Capital Judicial Region
Metropolitan Trial Court
Branch 67
Makati City
People of the Philippines, Crim. Case No. 374644-45

-plaintiff
-versus-
June Rosqueta, For: Perjury

-accused
x- - - - - - - - - - - - - - - /
Accused by counsel1 unto the Honorable Court most

That the above-entitled case is set for hearing on

September 4, 2015 at 8:30 o’clock in the morning. Due to
committed to appear for hearing in the case of, PP. vs.
Wilfredo Babano, et. al., Criminal Case L-2102 for Estafa
before Regional Trial Court Branch 28, Lianga, Surigao del
1
Atty. Jose Conrado C. Sabio (nephew of the undersigned counsel) appear as counsel for the accuse during
the arraignment
54 | P a g e
Sur in the morning sessions, as counsel for private
complainant, he could not possibly attend to the hearing of
the same be cancelled and reset to October 9, 2015 at 8:30
o’clock in the morning. Attached herewith is the order of the
Regional Trial Court Branch 28, Lianga, Surigao del Sur and
marked as Annex “A”.
This motion is not intended for delay and filed in good

faith.

Honorable Court that the hearing scheduled on September
4, 2015 be cancelled and the same be reset to October 9,
Other relief and remedies just and equitable under the

Cagayan de Oro City (for Makati City) Philipines. August

27, 2015.
MERLIN P. CAINA & ASSOCIATES

Counsel for the accused
2/F Ligan Building
Tel. No. 8568238

IBP CDO (O.R. No.) 945557; Dec. 9, 2014 (for 2015
CDO)
PTR CDO (O.R. No.) 2695855A, Dec. 11, 2014 (for
2015 CDO)
MCLE Compliance No. V – 0009408, July 27, 2015
TIN 178-265-979; Roll No. 45542
Notice of Hearing
Hon. Clerk of Court

Metropolitan Trial Court
Branch 67
Makati City
55 | P a g e
Makati City
Please take notice that the undersigned will submit the
foregoing motion for the resolution on September 4, 2015 at
9:00 o’clock in the morning without appearances of the
undersigned counsel.
Copy furnished by Registered Mail

Makati City
RR# _______________ date __________:

Branch 10
Malaybalay City
IN THE MATTER FOR THE SPECIAL PROCEDDING CASE

ISSUANCE OF LETTER OF NO. 3209-
ADMINISTRATION OF
INTESTATE ESTATA OF THE
LATE ESTILITA SIDLAO AND
SETTLEMENT OF CLAIM
AGAINST THE ESTATE,
56 | P a g e
-versus-
CAPITOL UNIVERSITY
MEDICAL CITY FOUNDATION,
INC., HEREIN REPRESENTED
BY ECILIETO A. LEGASPI,
Petitioner-Claimant,
x- - - - - - - - - - - - - - - - /

That, the above-entitled case is set for hearing on June

25, 2015 at 8:30 o’clock in the morning. Due to conflict of
schedule as undersigned counsel was previously committed
to appear for hearing in the case of, PP. vs. Petalcurin.,
before Regional Trial Court Branch 41 Cagayan de Oro City
in the morning sessions, as counsel for defendant Accused
Dennis Petalcurin he could not possibly attend to the hearing
of the above-entitled case before this Honorable Court,
unless, the same be cancelled and reset to July 15, 2015 at
8:30 o’clock in the morning. Attached herewith is the order
of the Regional Trial Court Branch 41, Cagayan de Oro City
and marked as Annex “A”.

Honorable Court that the hearing scheduled on June 25,
2015 be cancelled and the same be reset to July 15, 2015 at

Cagayan de Oro City, (for Malaybalay City), Philippines.

June 22, 2015.
CAIÑA CAIÑA SABIO LAW OFFICE

Counsel for Plaintiff
2/F Ligan Building
188 Lapasan Highway
57 | P a g e

IBP CDO (O.R. No.) 945557; Dec. 9,
2014
PTR CDO (O.R. No.) 2695855A, Dec. 11,
2014
MCLE Compliance No. IV – 0020624,
May 7, 2013
TIN 178-265-979; Roll No. 45542
Notice of Hearing
Hon. Clerk of Court

RTC Br. 10, Malaybalay City,
Atty. Sharon D. Daral

thereof, sans oral arguments.
SYLVAN GERLAD L. SABIO
Explanation and Proof of Service
Copy of the foregoing motion was served to Atty.

Sharon D. Daral by registered mail due to distance that
renders personal service impossible.
Copy furnished:

2/F Ma. Building
Rizal-San Isidro Street
Malaybalay City Bukidnon
RR No.: ____________ date _________
58 | P a g e
Branch 10
Malaybalay City
IN THE MATTER FOR THE SPECIAL PROCEDDING CASE

ISSUANCE OF LETTER OF NO. 3209-
ADMINISTRATION OF
INTESTATE ESTATA OF THE
LATE ESTILITA SIDLAO AND
SETTLEMENT OF CLAIM
AGAINST THE ESTATE,
-versus-
CAPITOL UNIVERSITY
MEDICAL CITY FOUNDATION,
INC., HEREIN REPRESENTED
BY ECILIETO A. LEGASPI,
Petitioner-Claimant,
x- - - - - - - - - - - - - - - - /

That, the above-entitled case is set for hearing on June

25, 2015 at 8:30 o’clock in the morning. Due to conflict of
schedule as undersigned counsel was previously committed
to appear for hearing in the case of, PP. vs. Petalcurin.,
before Regional Trial Court Branch 41 Cagayan de Oro City
in the morning sessions, as counsel for defendant Accused
Dennis Petalcurin he could not possibly attend to the hearing
unless, the same be cancelled and reset to July 15, 2015 at
8:30 o’clock in the morning. Attached herewith is the order
of the Regional Trial Court Branch 41, Cagayan de Oro City
and marked as Annex “A”.

59 | P a g e

Cagayan de Oro City, (for Malaybalay City), Philippines.

June 22, 2015.

2/F Ligan Building
188 Lapasan Highway

IBP CDO (O.R. No.) 945557; Dec. 9,
2014
PTR CDO (O.R. No.) 2695855A, Dec. 11,
2014
MCLE Compliance No. IV – 0020624,
May 7, 2013
TIN 178-265-979; Roll No. 45542
Notice of Hearing
Hon. Clerk of Court

RTC Br. 10, Malaybalay City,

thereof, sans oral arguments.

Sharon D. Daral by registered mail due to distance that
renders personal service impossible.
60 | P a g e
Copy furnished:

2/F Ma. Building
Rizal-San Isidro Street
Malaybalay City Bukidnon
RR No.: ____________ date _________
61 | P a g e
Branch 44
Initao, Misamis Oriental
IN RE: PETITION FOR LRC NO. 2012-49

ISSUANCE OF ORIGINAL
CERTIFICATE OF TITLE BASE
ON A FINAL DECREE NO.
746850, DATED MAY 5,
1941 PERTAINING TO LOT
NO. 11608, B.L. CAD-237,
B.L CASE NO. 13,
CADASTRAL CASE NO. 26,
LRC CAD. REC. NO. 1591,
OF THE CADASTRAL SURVEY
OF CAGAYAN, PROVINCE OF
MISAMIS ORIENTAL
BERNARDINA L. NAGAC,
herein Represented by
ADRIAN L. NAGAC,
Petitioner
x- - - - - - - - - - - - - - - /
COMPLIANCE
Petitioner by counsel unto the Honorable Court most

62 | P a g e
That in compliance to the Order of the Honorable Court
dated March 12, 2015 and received by the undersigned
counsel on April 6, 2015, copy of the aforementioned Order
and petition with attached was to serve to the following, to
wit;
Land Registration Authority

East Avenue cr. NIA Road
Diliman Quezon City
Registry receipt # _____________date: June 11, 2015
Land Management Bureau

Plaza Cervantes
Binondo, Manila
Land Management Services
DENR-Region 10
Puntdo, Cagayan de Oro City
Office of the Solicitor General

134 Amorsolo Street
Legaspi Village
Makati City
Regional Director
DENR –Region 10
Puntod
Cagayan de Oro City
CENRO Officer
DENR CENRO
Regional Office 10
Cagayan de Oro City
Forest Management Bureau
63 | P a g e
DENR 10
Cagayan de Oro City
Respectfully submitted. June 11, 2015.
Cagayan de Oro City (for Initao, Misamis Oriental),

Philippines.

2/F Ligan Building
Tel. No. 8568238

IBP CDO (O.R. No.) 945557; Dec. 9, 2014
TIN 178-265-979; Roll No. 45542
64 | P a g e
65 | P a g e
Office of the President
HOUSING AND LAND USE REGULATORY BOARD
Northern Mindanao Region, Cagayan de Oro City
NORJANA D. SARIP HLURB CASE NO. NMR-REM-

Complainant, 031115-044
-versus-
CROWN COMMUNITIES FOR: SPECIFIC

(CAGAYAN), INC., PERFORMANCE AND
Respondent, DAMAGES
x- - - - - - - - - - - - - - - /
URGENT EX-PARTE MOTION FOR EXTENSION OF TIME
Defendants-appellants, by counsel unto the Honorable

Court most respectfully states, to wit;
That per Order of the Honorable Office dated May 12,

2015 and which was received by the undersigned counsel on
May 21, 2015, complainant is directed to submit her verified
position paper and draft decision within fifteen (15) days
66 | P a g e
from receipt of the said Order. However, due to the heavy
legal works and almost daily appearances on Court, the
undersigned cannot possibly comply with the Order and
submit today the position paper and draft memorandum.

within which to file her position paper and draft decision on
or before June 20, 2015.


extension of ten (10) days be granted and defendants-
appellants be given until January 12, 2009 within which to
file its Appellant’ Brief.

Cagayan de Oro City, Philippines. June 5, 2015.

2/F Ligan Building
Tel. No. 8568238

IBP CDO (O.R. No.) 945557; Dec. 9, 2014
TIN 178-265-979; Roll No. 45542
Notice of Hearing
HLURB Office
Northern Mindanao Region,
Cagayan de Oro City
67 | P a g e
Greetings!!

Copy furnished:

c/o Communities Cagayan, Inc.,
2nd Floor, Pelaez Arcade II
R.N. Abjuela cor. J.P Rizal Sts.,
Cagayan de Oro City
Registry receipt No. _________date: June 5, 2015
68 | P a g e
Branch 2, Iligan City
THE PEOPLE OF THE Crim. Case No. 10-348; 10-

PHILIPPINES 349; 10-350; 10-351; 10-
Plaintiff, 352; 10-353; 10-354;
-versus-
-
RICARDO SANCHEZ, For: VIOLATION OF BP 22
Accused,
x- - - - - - - - - - - - - - - - /
A. MEMORANDUM FOR THE ACCUSED
Accused, by counsel and in compliance of the order of

the Honorable Court, most respectfully submits this
MEMORANDUM.
B. STATEMENT OF THE CASE
While accused may partially admits plaintiff’s assertions

on the statement of the case, with due respect, the same is
however subject to the admitted evidence on record which
69 | P a g e
would constitute as exculpatory or exempting facts tending
to clear, absolved or denial of any criminal or civil liability on
the accused, as hereunder stated as:
C. COUNTER-STATEMENT OF FACTS
C-1 The filling and prosecution of the above criminal

case were on the strength of the “Affidavit-Complaint” of the
Lalit K. Sehgal, an alleged Managing Director of Global Steel
Philipines (SPV-AMC) dated 13 July 2009 (RECORDS).
C-2 The filing and prosecution of the respective cases

must FAIL. And DISMISSED outright for being inherently and
FATALLY DEFECTIVE for WANT OF AUTHORITY, of the
purported complainant Lalit K. Sehgal in having done so.
C-3 In the instant cases, what we have is the cold and

stubborn fact that from the inception is the sole Affidavit-
Complaint of Lalit K. Sehgal and it is never mentioned that
he was authorized by the Board of Directors of the supposed
private offended party Corporation (Global Steel Philippines).
Naturally, in the Resolution of the Honorable Office of the
City Prosecution of Iligan City, there is no assertion that Mr.
Sehgal was indeed authorized by the Corporation
(RECORDS).
C-4 Out of the blue, there is this professed “Secretary

Certificate” presented by the prosecution through the private
prosecutor singed by one Ma. Romela M. Bengzon marked as
Exh. “P” to “P-1”.
C-5 Under the Corporation Code of the Philippines (BP.

# 68) only the Board of Directors has the power to sue as
provided for under Section 36 of the same Code.
BOARD OF DIRECTORS
“It is the directing and controlling body of a

corporation. It is a creations of the stockholders and drives
its power to control and direct the affairs of the corporation
from them. Directors occupy a position of trusteeship in
relation to the stockholders in the sense that the board
should exercise not only care and diligence but utmost good
faith in the management of the corporate affairs. (Legarda
v. La Previsoria Filipina, 66 Phil. 723 (1938).
70 | P a g e
C-6 Law and jurisprudence have it that power to sue
and be sued is within the exclusive powers of the Board of
Directors of the Corporation (ABS-CBN v. CA, 301 SCRA 572
[1999].
C-7 The apparent “Secretary Certificate” of Ma. Romela

M. Benzon marked as Exhs. “P” to P-1” of the prosecutiob
with due respect, does not deserve to be dignified because
it bears no resolution number, undated and not under
oath. On account of the surrounding circumstances of the
same claimed and questioned resolution, a question may be
ask why this is so? We cannot venture to say that this
anybody’s guess since we are in the guessing game.
C-8 Here, we are trying criminal case against the

accused, and we cannot also draw any presumption because
of the lurking danger against the rights of the accused.
C-9 Against the same “Secretary Certificate” Exhs. “P”

“P-1”, accused submits that the same does not satisfy or
justify the mandated requirements of the law, much less
binds the complainant Corporation.
C-10 These case are prosecuted no less than by the

private prosecutor and under Article 100 of the Revised
Penal Code it provides.
“Art. 100. Civil liability of a person guilty of felony-

Every person criminally liable for a felony is also civilly
liable.”
So, the civil, aspect of these cases are instituted.
C-11 Further, thru the private prosecutor the

prosecution also presented another “Secretary Certificate”
now dated September 5, 2012 and marked as Exhs. “S”
claiming that a certain Mr. Sangram Mohante or Antoine
Seva of having authorized to represent the Corporation. The
striking difference between prosecution’s Exhs. “P” to “P-1”
and “S” is very clear, there is no need of elaboration. Exh.
“S” cannot ratify nor confirm Exhs. “P” & “P-1”. If the
proceedings of these cases will be allowed to proceed on the
basis of Exh. “S” accused submits that it legally and
procedurally not possible and valid, because the bottom
71 | P a g e
line of the instant motion is the very questioned of the
legality of the Affidavit-Complaint of Mr. Lalit K. Sehgal
dated July 13, 2009 and we will be throwing the entire
proceedings of these cases into a trial by anachronism.
C-12 When this is issues was brought out by defense

the last time this case was heard and there was that initial
verbal scuffle on both sides, the prosecution admitted that
the same secretary certificate (Exhs. “P” & “P-1”) need not
be under oath in a corporation query may be ask why is it
that their secretary certificate marked as their Exh. “S” at
this time is under oath. Is the prosecution now instituting a
case of double standard?
C-13 With due respect, to such claim by the

prosecution still it is the unwavering stance of the defense
that said kind of document (Exhs. “P” & “P-1”) should have
been and should be under oath since the prosecution nhas
its own policy, likewise, courts should have its own, with
more reason in these cases which is an adversarial
proceedings.
C-14 Anent the Affidavit-Complaint if Lalit K. Sehgal,

the same cannot be dignified and it has remained Hearsay
and a mere scrap of paper because Lalit K. Sehgal has
never been presented in court having testified thereof as
required by the rules.
C-15 Accused has presented as his documentary proofs

Exhs. “1” to “1-A-2”. Likewise, presented Exhs. “2” to “2-J”
consisting of Banco De Oro (BDO) Cash Deposits Slips
bearing their respective dates showing cash payments
acknowledged having been received by Cashier-Witness Ms.
Alei Dorotheo made by the accused to complainants,
showing the fact that before the filling of the above entitled
cases before the City Prosecution of Iligan City on July 13,
2009, accused have already partially paid in the total
amount of Two Million Three Hundred Four Thousand
Pesos (Php 2,304,000.00) of the total obligation of Ten
Millio Nine Hundred Eighty Eight Thousand Five
Hundred Twenty Pesos (Php 10,988,520.00) to the
private complainant this fact of NOVATION has interplayed
in the process as the usual relationship between the
parties. Aside from an additional amount of Two Hundred
Fifty Thousand Pesos (Php 250,000.00) and another amount
72 | P a g e
of One Hundred Thousand Pesos (Php 100,000.00) during
the preliminary investigation and Mediation stages of the
above entitled cases,
D. STATEMENT OF THE ISSUES
D-1 WHETHER OR NOT ACCUSED IS GUILTY OF

THE CHARGES OF VIOLATION BATAS PAMBANSA
BLG 22
D-2 WHETHER OR NOT NOVATION HAD

INYERPLAYED IN THE RELATIONSHIP OF THE
PARTIES AND.
D-3 WHETHER OR NOT THE PRIVATE

COMPLAINANT PRESIDENT, MR. LALIT SEHGAL
WAS CLOATED WITH AUTHORITY TO FILE THE
COMPLAINT:
E DISCUSSIONS & ARGUMETS
E-1 The elements of the complained violations of Batas

Pambansa Blg. 22 have not been proven especially on the
issue, whether or not accused received the supposed
demand letter.
E-2 Whether or not novation had interplayed in the

relationship of the parties.
Novation, intervened in the transactions.

Evidence on record proved that Exh. “2” to “2-J”
consisting of Banco de Oro Cash Deposits Slips in the total
amount of Two Million Three Hundred Four Pesos (Php
2,304,000.00) was paid by the accused before the filing of
the above entitled cases before the City Prosecution Office of
Iligan City on July 13, 2009 of the total obligation of Ten
Million Nine Hundred Eighty Eight Thousand Five Hundred
Twenty Pesos (Php 10,988,520.00) to the private
complainant.
While it is true that novation does not extinguish

criminal liability, it may however, prevent the rise of criminal
liability as long as it occurs prior to the filing of the criminal
73 | P a g e
information in court Thus, in Gonzales vs. Serrano (25 SCRA
64, 69 [1968].
As pointed out in People vs. Neri, novation prior to the

filing of the criminal information – as in the case at bar –
may convert the relation between the parties into an
ordinary creditor-debtor relation, and place the complainant
in estoppel to insist on the original transaction or “cast
doubt on the true nature” thereof.
Again, in the latest case of Ong vs, Court of Appeals (L-

58476, 124 SCRA 578, 580-581 [1983] ), this Court
reiterated the ruling in People vs. Nery ( 10 SCRA 244
[1964]),
The novation theory may perhaps apply to the filing of

the criminal information in court by state prosecutors
because up to that time the original trust relation may be
converted by the parties into an ordinary creditor-debtor
situation, thereby placing the complainant in estoppel to
insist on the original trust.
It may be observed in this regard that novation is not

of the means recognized by the Penal Code whereby criminal
liability can be extinguished; hence, the role of novation
may only be to either prevent the rise of criminal liability or
to cast doubt on the true nature of the original basic
transaction, whether or not it was such that its breach would
not give rise to penal responsibility, as when money loaned
is made to appear as a deposit, or other similar disguise is
resorted to (cf. Abeto vs. People, 90 Phil. 581; U.S vs.
Villareal, 27 Phil. 481).
The above entitled cases are cited in G.R No. L-60033

April 4, 1984, entitled Teofisto Guinggona, Jr., Et. al., vs.
The City Fiscal of Manila. Hon. Jose B. Flaminiano, Et. al.,.
F WHETHER OR NOT THE PRIVATE COMPLAINANT

PRESIDENT, MR. LALIT SEHGAL WAS CLOATED WITH
AUTHORITY TO FILE THE COMPLAINT
F-1 As discussed on the above Counter-Statement of

Facts the same Lalit Sehgal had not been authorized by any
authority in the institution of the above entitled cases.
Likewise, his Affidavit of Complaint must not be dignified
74 | P a g e
since with more reason that he was never presented to
testify in the cases, hence, his Affidavit is hearsay.
WHEREFORE, against the foregoing background it is

most respectfully prayed of the Honorable Court that the
cases against the accused be dismissed for lack of merit.
Respectfully Submitted.
Cagayan de Oro City, (for Iligan City), Philippines. May

14, 2015.

2/F Ligan Building
188 Lapasan Highway
MERLIN P. CAIÑA
Counsel for Accused
1150 Camama-an, Cagayan de Oro City
IBP (OR) 945556; 12.9.2014,CDOC for
(2015)
PTR No.2695856 ; 12.11.2014,CDOC for
(2015)
TIN NO. 114-722-311 ; Roll No. 24443
MCLE Compliance No. V- 0000702
10.29.14
Hon. Clerk of Court

MTCC Branch 2, Iligan City
REX DISTOR CALMERIN

Copy of the foregoing pleading was served to Atty. Rex

Distor Calmarin, by LBC, due to distance that renders
personal service impossible.
75 | P a g e
MERLIN P. CAIÑA
Copy furnished:
REX DISTOR CALMARIN

#14 Purok Maligaya, Carbide Village
Brgy. Tubod, Iligan City
RR# _______________ dated __________;
76 | P a g e
MOTION FOR CLARIFICATION WITH POSPONEMENT
Undersigned, counsel of the accused to this Honorable

Court most respectfully states, THUS;
1. In its Order of this Honorable Court in the above entitled

cases dated 5 September 2014, which was received on
19 September 2014, undersigned filed the Formal Offer
of defense exhibits on 30 September 2014;
2. However, up to this writing undersigned has not

received a ruling of defense formal offer of exhibits, the
reason why defense has not filed his desired
memorandum;
3. Be that as it may, undersigned moves that he be clarified

on the ruling of defense formal offer of exhibits.
Likewise, the notice of hearing for promulgation of
decision of the above entitled cases be reset to another
date considering that he has been previously committed
to appear for hearing (On Liquidator’s Report) in Spec.
Proc. Case No. 2013-029, before Regional Trial Court,
Branch 18, Cagayan de Oro City, set on the same date
March 18, 2015.

Honorable Court that the defense be clarified of the ruling
on the formal offer of their exhibits and the hearing of the
promulgation of decision on the September 18, 2015 be
cancelled and the same be reset to April 20, 2015 at 9:30
o’clock in the morning.

Cagayan de Oro City, (for Iligan City), Philippines.

March 9, 2015.
77 | P a g e
Notice of Hearing
Hon. Clerk of Court

RTC Branch 38, Dumaguete City
Atty. Jose A. Abiera

Greetings!!

upon receipts sans oral arguments and appearances of
parties.
Copy of the foregoing pleading was served to Atty. Jose A.

Abiera, by registered mail, due to distance that renders
Copy furnished:

Poblacion, Sibulan
Negros Oriental
Hall of Justice
Cagayan de Oro City
Registry receipt No. _________date: ___________
78 | P a g e
2/F Ligan Building
188 Lapasan Highway
MERLIN P. CAIÑA
Counsel for Accused
IBP (OR) 945556; 12.9.2014,CDOC for
(2015)
79 | P a g e
PTR No.2695856 ; 12.11.2014,CDOC for
(2015)
TIN NO. 114-722-311 ; Roll No. 24443
MCLE Compliance No. V- 0000702
10.29.14
Hon. Clerk of Court

MTCC Branch 2
Iligan City
Atty. Rex Distor Calmerin
Kindly, take notice that the above-entitled motion is

submitted for the consideration and resolution of the
80 | P a g e
Honorable Court, immediately upon receipt hereof sans oral
arguments.
MERLIN P. CAIÑA
Copy Furnished By LBC;

LBC _______________ dated March 9, 2015

Tagum City, Davao del Norte
PEOPLE OF THE PHILIPPINES Crim. Case No. 30433-14 &

Complainant, 30434-14
-versus-
81 | P a g e
ROSALINA C. SANCHEZ, Nature: VIOLATION OF BP 22
Accused,
x- - - - - - - - - - - - - - - - /

That, the above-entitled case is set for initial hearing

on January 19, 2015 at 8:30 o’clock in the morning. Due to
committed to appear for hearing in the case of, Halibas vs.
Rural Bank of Talisayan., before Regional Trial Court Branch
38 Cagayan de Oro City in the morning sessions, as counsel
for defendant Rural Bank of Talisayan he could not possibly
attend to the hearing of the above-entitled case before this
Honorable Court, unless, the same be cancelled and reset to
February 27, 2015 at 8:30 o’clock in the morning


Cagayan de Oro City, (for Tagum City), Philippines.

January 9, 2014.

2/F Ligan Building
188 Lapasan Highway
MERLIN P. CAIÑA
Counsel for Accused
IBP (OR) 945556; 12.9.2014,CDOC for
(2015)
82 | P a g e
PTR No.2695856 ; 12.11.2014,CDOC for
(2015)
TIN NO. 114-722-311 ; Roll No. 24443
MCLE Compliance No. IV-
0007735,9.11.2012
Hon. Clerk of Court

MTCC Tagum, City
Davao del Norte
83 | P a g e
MERLIN P. CAIÑA
JOSE MIGUEL C. VELOSO IV

Coca-cola Compound, Aluba Subdivision
Macasandig, Cagayan de Oro City
OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street
84 | P a g e
Legaspi Village
Makati City Metro Manila
85 | P a g e
86 | P a g e
6th MUNICIPAL CIRCUIT TRIAL COURT TAGOLOAN &
VILLANUEVA
Sps. Filomeno S. Salcedo Sr. Civil Case No. 2014-360

Represented by: Curo P.
salcedo, Sherly Salcedo
Cabugwas & Lamberto P.
Salcedo,
Plaintiffs,
FOR: UNLAWFUL DETAINER
-vs- AND DAMAGES
Ms. Lydia S. Maulas & Ms.

Aracelli S. Maulas,
Defendants
x- - - - - - - - - - - - - - - - /

That, the above-entitled case is set for initial hearing

on January 15, 2015 at 8:30 o’clock in the morning. Due to
committed to appear for hearing in the case of, People vs.
Joseph Jimenez et. al., before Regional Trial Court Branch 24
Cagayan de Oro City in the morning sessions, as counsel for
accused Jimenez he could not possibly attend to the hearing
unless, the same be cancelled and reset to February 12,
2015 at 8:30 o’clock in the morning
87 | P a g e




2/F Ligan Building
188 Lapasan Highway
MERLIN P. CAIÑA
IBP (OR) 945556; 12.9.2014,CDOC for
(2015)
PTR No.2695856 ; 12.11.2014,CDOC for
(2015)
TIN NO. 114-722-311 ; Roll No. 24443
0007735,9.11.2012
Hon. Clerk of Court

Misamis Oriental

MERLIN P. CAIÑA
88 | P a g e
Branch 26
RURAL BANK OF TALISAYAN, Civil Case No. 1068-M

(Mis. Or.), Inc.,
Plaintiff,
-vs-
GLORIA TAMAYO, ET. AL., FOR: COLLECTION OF SUM

Defendants OF MONEY WITH DAMAGES
x- - - - - - - - - - - - - - - - /

That, the above-entitled case was set for hearing on

August 7, 2014at 8:30 o’clock in the morning. Due to
committed to appear for hearing in the cases of, Jusayan,
et. al., vs. Bagares et. al., before Regional Trial Court
Branch 21 in the morning sessions, as evidence by an order
copy of which is hereto integrally attached as “Annex A”,
89 | P a g e
he could not possibly attend to the hearing of the above-
entitled case before this Honorable Court, unless, the same
be cancelled and reset to August 14, 2014 8:30 o’clock in
the morning

Honorable Court that the hearing scheduled on August 7,
2014 be cancelled and the same be reset to August 14, 2014
at 8:30 o’clock in the morning.

Cagayan de Oro City, (for Medina, Misamis Oriental),

Philippines. July 23, 2014.

2/F Ligan Building
188 Lapasan Highway
MERLIN P. CAIÑA
Counsel for the Petitioners
IBP (OR) 945269 ; 01.2.2014,CDOC
PTR No.2504591 ; 01.8.2014,CDOC
TIN NO. 114-722-311 ; Roll No. 24443
0007735,9.11.2012
Notice of Hearing
Hon. Clerk of Court
RTC Br. 26 Medina,
Misamis Oriental

MERLIN P. CAIÑA
90 | P a g e

Michael Roa and Atty. Antonio Amarga by registered mail
and personal delivery respectively.
MERLIN P. CAIÑA
Copy furnished:
Atty. Antonio Amarga

16 Pabayo St.
Cagayan de Oro City RR No.: ____________ date
_________
Atty. Michael Roa

Balingasag,
Misamis Oriental By: ________________date __________
91 | P a g e
92 | P a g e
7th Judicial Region
REGIONAL TRIAL COURT OF NEGROS ORIENTAL
Branch 38, Dumaguete City
RUSCO MOTORS, INC., Civil Case No. AP-05-14-145

represented by ENGR.
ROBERTO R. RAMA-
UYPITCHING, ETL. AL.,
Plaintiffs,
-vs-
LEONARDO M. BARRION FOR: COLLECTION OF SUM

(maker) and MINDA T. OF MONEY
BARRION (co-maker),
Defendants
x- - - - - - - - - - - - - - - - - -
- /
MOTION FOR EXTENSION OF TIME
Defendants-appellants, by counsel unto the Honorable

Court most respectfully states, to wit;
That per Order of the Honorable Court dated _____ and

which was received by the undersigned counsel on
_________, defendant-appellants are directed to submit
their Appellant’s Brief within fifteen (15) days from receipt of
the said Order. However, due to the heavy legal works and
almost daily appearances on Court, the undersigned cannot
possibly comply with the Order.
Due to this predicament the undersigned respectfully moves

for an extension of thirty (30) days from June 24, 2014
within which to file their Appellant’s Brief whixh is on or
before July 24, 2014
That instant motion is filed in good faith and never intended

to delay the proceedings of the Honorable Court;
WHEREFORE premises considered it is most respectfully

prayed unto the Honorable Court that an extension of ten
(10) days be granted and defendants-appellants be given
93 | P a g e
until January 12, 2009 within which to file its Appellant’
Brief.

Cagayan de Oro City, (for Dumaguete City),

Philippines. July 22, 2014.
CAINA CAINA SABIO LAW OFFICE

Counsel for the plaintiff
2/F Ligan Building
Tel. No. 8568238

IBP CDO (O.R. No.) 945207; Dec. 18, 2013 (for
2014)
PTR CDO (O.R. No.) 2506782A, Dec. 18, 2013 (for
2014)
MCLE Compliance No. III-019717, January 5, 2011
MCLE Compliance No. IV – 0020624, May 7, 2013
TIN 178-265-979; Roll No. 45542
Notice of Hearing
Hon. Clerk of Court

RTC Branch 38, Dumaguete City

Greetings!!

parties.
94 | P a g e
Copy of the foregoing pleading was served to Atty. Jose A.

Abiera, by registered mail, due to distance that renders
Copy furnished:

Poblacion, Sibulan
Negros Oriental
Hall of Justice
Cagayan de Oro City

Branch 26
RURAL BANK OF TALISAYAN, Civil Case No. 1068-M

(Mis. Or.), Inc.,
Plaintiff,
-vs-
GLORIA TAMAYO, ET. AL., FOR: COLLECTION OF SUM

Defendants OF MONEY WITH DAMAGES
x- - - - - - - - - - - - - - - - /
MOTION POSPONEMENT
95 | P a g e
That, the above-entitled case was set for hearing on

June 26, 2014 at 8:30 o’clock in the morning. Due to conflict
of schedule as undersigned counsel was previously
committed to appear for hearing in the cases of, Jusayan,
et. al., vs. Bagares et. al., before Regional Trial Court
Branch 21, and Gungog vs. Tan before Regional Trial Court
Branch 17 all of Cagayan de Oro City, in the morning
sessions, he could not possibly attend to the hearing of the
above-entitled case before this Honorable Court, unless, the
same be cancelled and reset to July 10, 2014 at 8:30 o’clock
in the morning


Cagayan de Oro City, (for Medina, Misamis Oriental),

Philippines. June 9, 2014.

2/F Ligan Building
188 Lapasan Highway
MERLIN P. CAIÑA
Counsel for the Petitioners
IBP (OR) 945269 ; 01.2.2014,CDOC
PTR No.2504591 ; 01.8.2014,CDOC
TIN NO. 114-722-311 ; Roll No. 24443
0007735,9.11.2012
96 | P a g e
Notice of Hearing
Hon. Clerk of Court
RTC Br. 26 Medina,
Misamis Oriental

MERLIN P. CAIÑA

Michael Roa and Atty. Antonio Amarga by registered mail
and personal delivery respectively.
MERLIN P. CAIÑA
Copy furnished:
Michael Roa
Balingasag, Misamis Oriental
Atty. Antonio Amarga

#16, Pabayo Street
Cagayan de Oro City
Personal Service _________date: ___________
97 | P a g e
Branch 2
Iligan City
PEOPLE OF THE PHILIPPINES, CRIM. CASE NOS. 10-348;

10-349; 10-350; 10-351 10-
Plaintiff, 352; 10-353;
- Versus -
RIC
ARDO SANCHEZ,
FOR: VIOLATION OF BATAS
Accused. PAMBANSA BLG. 22
x- - - - - - - - - - - - -- - - /
REJOINDER TO REPLY
98 | P a g e
Accused, by counsel to the Honorable Court most
respectfully submits Rejoinder to the Reply of the
prosecution which was received on 30 May 2014 and alleges,
THAT;
With due respect,
RE: Inadmissibility of Affidavit-Complaint of Lalit K. Sehgal

(EXHS. “A” to “A-9”, Prosecution)
The cases of Spouses Eugene L. Lim and Constancia A.

Lim, vs. The Court of Appeals Mindanao Station, et. Al., G.R
No. 192615 and Cagayan Valley Corporation vs.
Commissioner of Internal Revenue, (G.R. No. 151413,) are
not applicable in the instant cases since the factual setting
of the same are different in relation to the above entitled
cases.
Aside from the foregoing, Lalit K. Sehgal has never

been presented as a witness in the above entitled cases by
the prosecution wherein the accused was given the
opportunity in confronting him which is the interest of
the constitutional right to due process (Sec. 14, Art. III,
Philippine Constitution)
RE: Inadmissibility of (Exhs.”W”, “W-1”, W-2” & “X”)
In the formal offer of the prosecution’s exhibits herein

were never mentioned and the record will bear us out. If the
same exhibits ever exist this is not the proper time to have
it but probably in the rebuttal.

Honorable Court that the herein Rejoinder be NOTED.
Consequently, to order the denial admissions of the
subject exhibits.
Other just equitable reliefs are likewise prayed for.
Cagayan de Oro City, Philippines. June 2, 2014
MERLIN P. CAIÑA
99 | P a g e
IBP (OR) 945269 ; 01.2.2014,CDOC
PTR No.2504591 ; 01.8.2014,CDOC
TIN NO. 114-722-311 ; Roll No. 24443
MCLE Compliance No. IV-0007735,9.11.2012
CERTIFICATION
I HEREBY CERTIFY, that copy of this Rejoinder is

furnished to Atty. Rex Distor Calmerin thru registered mail
due to distance.
MERLIN T. CAIÑA
Copy furnished:

RR# ___________ date __________
100 | P a g e

That per Order of the Honorable Court dated November

24, 2008 and which was received by the undersigned
counsel on December 22, 2008, parties are directed to
submit their respective Position Papers within ten (10) days
from receipt of the said Order. However, due to the long
holidays in celebration of the yuletide season and new year,
undersigned counsel was not able to promptly attend and
comply with the Order of the Honorable Court.
moves for an extension of ten (10) days from January 2,
101 | P a g e
2009 within which to file its Position Paper which is on or
before January 12, 2009.
intended to delay the proceedings of the Honorable Court;
Wherefore premises considered it is most respectfully

(10) days be granted and plaintiffs be given until January
12, 2009 within which to file its Position Paper.

Cagayan de Oro City, (for Jasaan, Misamis Oriental),

2/F Ligan Building
188 Lapasan Highway

IBP No. 749177, Jan. 05, 2009
PTR No. 1782229 A, Jan. 05, 2009
TIN 178-265-979; Roll No. 45542
Cagayan de Oro City
MCLE Compliance No. II-0010912;
08.19.2008
Notice of Hearing
Hon. Clerk of Court
5th MCTC Jasaan-Claveria
Atty. Hilarion Jonathan G. Maagad

Counsel for Defendants
Greetings!!

parties.
102 | P a g e
Copy of the foregoing pleading was served to Atty. Hilarion

Jonathan G. Maagad, by registered mail, due to distance
that renders personal service impossible.
Copy furnished:

Public Attorney’s Office
Hall of Justice
Cagayan de Oro City

SUPREME COURT
5th Municipal Circuit Trial Court of Jasaan-Claveria
Jasaan, Misamis Oriental
RURAL BANK OF TALISAYAN, Civil Case No. 585

(Mis. Or.), Inc. Jasaan
Branch, as represented by
Ms. Menchu Cardinales, as
Branch Manager,
Plaintiff,
-vs-
FOR: COLLECTION OF SUM
SPS. EMILIO and MEILEN B. OF MONEY
FRANCO, ODHELIA TABACON
and FELOMINA ANO-OS,
Defendants
x- - - - - - - - - - - - - - - - - -
- /

103 | P a g e
That per Order of the Honorable Court dated November
24, 2008 and which was received by the undersigned
counsel on December 22, 2008, parties are directed to
submit their respective Position Papers within ten (10) days
from receipt of the said Order. However, due to the long
holidays in celebration of the yuletide season and new year,



2/F Ligan Building
188 Lapasan Highway

IBP No. 749177, Jan. 05, 2009
PTR No. 1782229 A, Jan. 05, 2009
TIN 178-265-979; Roll No. 45542
Cagayan de Oro City
08.19.2008
Notice of Hearing
Hon. Clerk of Court

104 | P a g e
Greetings!!

parties.

Copy furnished:

Hall of Justice
Cagayan de Oro City

Branch 11
ANILO SALAZAR, et. al., Civil Case No. 10-12-71
105 | P a g e
Plaintiffs,
-vs-
HEIRS OF LUCIO BALATERO, FOR: Partition, etc.

et. al.,
Defendants
x- - - - - - - - - - - - - - - - - -
- /
Defendants, except Vicente Villaflor, by counsel unto

the Honorable Court most respectfully states, to wit;
That on December 6, 2010 defendants received copy of

a summons with attached complaint, hence, they have until
December 21, 2010 to file answer;
That the services of the undersigned counsel was just

engaged today and he needs more time to intelligently study
the case, gather vital documents and to prepare the answer;
That the undersigned begs the compassionate heart of

the Honorable Court that he be given an extension of Thirty
(30) days from December 21, 2010 within which to file the
required answer;
That this motion is filed in good faith and never


prayed unto the Honorable Court that the undersigned
counsel be given an extension of THIRTY (30) DAYS from
December 21, 2010 within which to file answer.

Cagayan de Oro City (for Manolo Fortich, Bukidnon),

Philippines. December 17, 2010.
106 | P a g e
Counsel for defendants (except Vicente
Villaflores)
2/F Ligan Building
188 Lapasan Highway
CHUBASCO CENEN T. CAIÑA

IBP. No. 798795, November 30, 2010
(CDO)
PTR No. 214765 A; December 14, 2010
(CDO)
MCLE Compliance No. III-0001061; 11-
6-08
Roll No. 41416 (May 7, 1997)
TIN No. 189-723-311

IBP No. 749631, January 4, 2010 (CDO)
PTR No. 1889202 A, January 4, 2010
(CDO)
TIN 178-265-979; Roll No. 45542
All issued in Cagayan de Oro City
08.19.2008
Notice of Hearing
Hon. Branch Clerk of Court

RTC Br. 11
Atty. Eliud T. Pailagao, Jr.,
Greetings!
Please take notice that the undersigned counsel will submit

the foregoing motion for the resolution and approval of the
Honorable Court immediately upon receipt sans oral
argument and appearances of parties.
107 | P a g e
Copy of the foregoing motion was served to Atty. Eliud T.

Pailagao, Jr. by registered mail due to personnel constrain
that renders personal service impractical and inconvenient.
Copy furnished by registered mail
Atty. Eliud T. Pailagao, Jr.

Door # 9, Desmark Arcade
Guillermo-Hayes Street
Cagayan de Oro City
Registered mail ____________ date: _________
108 | P a g e
ATTY. SAMINA MACABANDO USMAN
Asst. Prosecutor
ATTY. PALMER P. PALAMINE

Counsel for Private Offended Party/Private Prosecutor
ATTY. JUAN S. ROA

Counsel for Private Offended Party/Private Prosecutor
109 | P a g e
ATTY. CASIANO A. GAMOTIN, JR.
Counsel for Accused Queency Gonzales
Greetings!

upon receipt sans oral arguments and appearances of
parties.
Copy furnished by personal service:
Asst. Prosecutor Atty. Samina Macabando Usman

Hall of Justice
Cagayan de Oro City
Received by: ____________ date: ___________
Atty. Lino Juan S. Roa

DE LA ROSA NAGTALON GOMOS PARTNERS AND
ASSOCIATES
3RD Level-Paragon Office Suites,
R.N. Pelaez Blvd. Cor. National Highway,
Kauswagan, 9000 Cagayan de Oro City
Received by: ____________ date: ___________
Atty. Palmer P. Palamine

Palamine and Pacana Law Office
Rm. 204 R.T. de Leon III Building
Pabayo/Pacana St., Cagayan de Oro City

IBP No. 749177, Jan. 05, 2009 (CDO)
PTR No. 1782229 A, Jan. 05, 2009
(CDO)
TIN 178-265-979; Roll No. 45542
Cagayan de Oro City
110 | P a g e
08.19.2008
starting December 21, 2010
per Order of the Honorable Court dated November 24, 2008

and which was received by the undersigned counsel on
December 22, 2008, parties are directed to submit their
respective Position Papers within ten (10) days from receipt
of the said Order. However, due to the long holidays in
celebration of the yuletide season and new year,



2/F Ligan Building
188 Lapasan Highway

IBP No. 749177, Jan. 05, 2009
PTR No. 1782229 A, Jan. 05, 2009
TIN 178-265-979; Roll No. 45542
Cagayan de Oro City
08.19.2008
111 | P a g e
Notice of Hearing
Hon. Clerk of Court

Greetings!!

parties.

Copy furnished:

Hall of Justice
Cagayan de Oro City
112 | P a g e
113 | P a g e
SUPREME COURT
6th Municipal Circuit Trial Court of Tagoloan-Villanueva
People of the Philippines, Crim. Case No. 08-6969

-plaintiff
-vs-
Celeste Dacoroon, FOR: Grave Threats

-accused
x- - - - - - - - - - - - - - - - - -
- /
URGENT MOTION TO CANCEL NOVEMBER 13, 2009

HEARING
Accused by counsel unto the Honorable Court most

That the above-entitled is set for trial on November 13,

2009 at 8:30 o’clock in the morning, however on the said
114 | P a g e
time and date the undersigned counsel is committed to
appear before the Regional Trial Court Branch 40, Cagayan
de Oro City in the case of Pp vs. Roland Sabio, for Violation
of Dangerous Drugs Law and the setting of the hearing was
set long before the setting of the hearing of the above
entitle d case. The undersigned counsel thus constrain to
cancel the hearing on November 13, 2009 and the same be
reset of November 17, 2009 at 8:30 o’clock in the morning;
That the instant motion is filed in good faith and never


prayted unto the Honorable Court that the November 13,
2009 hearing be cancelled due to conflict of schedule and
the same be reset to November 17, 2009 at 8:30 o’clock in
the morning;


November 10, 2009.

Counsel for accused
2/F Ligan Building
188 Lapasan Highway

IBP No. 749177, Jan. 05, 2009
PTR No. 1782229 A, Jan. 05, 2009
TIN 178-265-979; Roll No. 45542
Cagayan de Oro City
08.19.2008
Notice of Hearing
Hon. Clerk of Court
6th MCTC Tagoloan-Villanueva
115 | P a g e
Atty. FG Bade
Chief of Police
Tagoloan Police Station
Greetings!!

parties.
Copy furnished by registered mail:
Chief of Police
Tagoloan Police Station
Registry receipt no. ___________ date: __________
Copy furnished personal service
Atty. Francisco G. Bade

Pabayo-Gomez Street
Cagayan de Oro City
116 | P a g e
Hall of Justice
Cagayan de Oro City
above entitled
117 | P a g e
SUPREME COURT
Branch 2
Iligan City
People of the Philippines Criminal Case Nos. 10-348,

Plaintiff, 10-349, 10-350,10-351, 10-
352, 10-353, 10-354
-versus-
Ricardo Sanchez,
Accused.
x-----------------------------x FOR: VIOLATION OF B.P 22
MOTION FOR POSTPONEMENT
Undersigned, counsel for the accused of the above-

entitled cases, unto this Honorable Court most respectfully
moves, THUS:
1. The above-entitled cases are scheduled for

arraignment of the accused on September 21, 2010 at 2:00
o’clock in the afternoon.
118 | P a g e
2. However, due to sudden twist of events, the accused
could not possibly return from Legaspi City, Bicol attending
to an equally important business like the instant cases
thereat.
3. In the same manner, undersigned has to be in

Medina, Misamis Oriental due to an important case wherein
a member of his family named Manuel Ferdinand Lim is
involved.
4. This motion is never intended for delay but for

reasons beyond the control of the undersigned and the
accused.
WHEREFORE, it is most respectfully prayed of this

Honorable Court that the arraignment of the accused set on
September 21, 2010 be cancelled and the same be reset to
October 26, 2010 at 2:00 o’clock in the afternoon.

MERLIN P. CAIÑA
Roll No. 24443
IBP (OR) No. 749641, 01.04.2010, CDOC-MIS. OR.
CHAPTER
PTR No. 1889272-A, 01.04.2010
TIN No. 114-722-311
MCLE Compliance No. 1-0013911
MCLE Compliance No. II-0011165
MCLE Compliance No. III-0001062, 11.06.2009
Notice of Hearing
Hon. Clerk of Court
MTCC Branch 2
Office of the City Public Prosecutor

Iligan City
119 | P a g e
Greetings!!

upon receipt sans oral arguments and appearance of parties.
Merlin P. Caiña
Copy of the foregoing pleading was served to the City Public

Prosecutor by registered mail due to distance that renders
personal service impractical and inconvenient.
Merlin P. Caiña
Copy furnished by registered mail:
Office of the City Public Prosecutor

Iligan City
Registry Receipt No. ____________;
Date: ____________
120 | P a g e

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Republic of the Philippines

REGIONAL TRIAL COURT

PEOPLE OF THE PHILIPPINES,

-versus- For: RECKLESS IMPRUDENCE

URGENT MOTION FOR POSTPONEMENT

Comes now, Atty. Dan Patrick S. Garcia, from Legal Aid

1. That per ORDER dated July 13, 2017, the Integrated

2. However, I was told just last Friday that I would be

4. That instant motion is filed in good faith and never

WHEREFORE premises considered it is most

Other reliefs and remedies just and equitable under the

Cagayan de Oro City, Philippines, for Zamboanga

MERLIN P. CAIÑA & ASSOCIATES

SYLVAN GERALD L. SABIO

APP Jeric Salarde Kagaoan

Harijan Maturan Iklaman

The undersigned will submit the foregoing motion for the

SYLVAN GERALD L. SABIO

Copy furnished by Registered mail:

Harijan Maturan Iklaman

RD.No. ________________ dated _______________;

GINA C. TAN, VIOLATION OF B.P BLG. 22

The examination of GINA C. TAN was conducted and

THE PEOPLE OF THE CRIMINAL CASE NO. 2014-

LETY VALENTIN CAGA, et.al.,

MOTION TO RESET HEARING

Undersigned, counsel for accused Daral unto the

The above-entitled case is set for hearing on July 20,

Against the foregoing background, it is most

Wherefore, it is most respectfully prayed of the

Other reliefs and remedies just and equitable under the

Cagayan de Oro City, Philippines. July 13, 2017.

MERLIN P. CAIÑA & ASSOCIATES

TO: THE CLERK OF COURT

Copy furnished by Registered mail:

ATTY. ARNOLD REUBEN L. AGUILAR

ATTY. VINCENT CROMWELL V. SEREÑA

MERLIN P. CAIÑA & ASSOCIATES

PEOPLE OF THE PHILIPPINES, CR. ORD. CASE NO. 2016-

ROSY JANE S. HAWILE

MOTION TO WITHDRAW CASH BOND

Accused, by counsel unto the Honorable Court most

1. For her provisional liberty accused put up a cash

2. On 22nd day of March 2017, for having pleaded guilty

3. It is submitted, there is no legal impediment which

Other reliefs and remedies just and equitable under the

Cagayan de Oro City, Philippines, April 25, 2017

MERLIN P. CAIÑA & ASSOCIATES

HON. CLERK OF COURT

Office of the City Prosecutor

The undersigned will submit the foregoing motion for the

Office of the City Prosecutor

MR. DANTE E. ABATO

SPS. RANULFO AND CIVIL CASE NO. 17-01-188

HEIRS OF SPOUSES JUAN

MOTION FOR 2ND EXTENSION OF TIME

Plaintiffs, by counsel unto the Honorable Court most

That per ORDER of the Honorable Court dated February

Due to this predicament the undersigned respectfully

That instant motion is filed in good faith and never

Other reliefs and remedies just and equitable under the

Cagayan de Oro City, Philippines, March 16, 2017

HON. CLERK OF COURT

RD.No. __ dated _;

RD.No. __ dated _;

RD.No. __ dated _;