Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR

City of Cebu

MHARIET DEL RIO CABIGAS, NPS DOCKET NO. VII-09-INV-14-G-

Complainant, 01282

-versus- FOR: VIOLATION OF RA 9262

KRIS NIMROD D. CABIGAS,

Respondent.
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MANIFESTATION WITH MOTION FOR EXTENSION

TO FILE SUBMIT COUNTER-AFFIDAVIT

Respondent, by the undersigned counsel, unto this Honorable Court,

most respectfully states that—

1. Respondent received copy of the subpoena on July 30, 2014 not from
this Office but from Jovita Augusto, through LBC courier;

2. The subpoena was addressed to Lot 90, Blk 6, Lakspur St., Deca
Homes 5, Basak, Lapulapu City, which address is not the place that
herein respondent is presently residing because the latter left said
address after the incident on June 15, 2014; thus, the respondent has
no knowledge as to the exact date and time that the subpoena was
received;

3. The one residing in the address written in the subpoena is the

complainant and not the respondent. To note, herein complainant
knows the exact address of the respondent because the same was
forwarded to respondent’s present address. The complainant could
have advised the process server as to the actual location of the
respondent so that the latter could avail the ten (10)-day
reglamentary period within which to submit his counter-affidavit;

4. The address of the respondent is even stated in the letter complaint by

complainant’s counsel; thus, there is no reason why the subpoena
would be addressed somewhere else;

5. In view of the foregoing, respondent is constrained to ask for an

extension of time to submit his counter-affidavit for another period of
ten (10) days from his actual receipt of the subpoena, July 30, 2014,
or until August 9, 2014;

6. The respondent has still to secure the necessary documents for his
defense in order to refute the malicious and baseless allegations of the
complainant;

7. This motion is filed not for the purpose of delaying the process but for
reasons above-stated.
 WHEREFORE, premises considered, it is most respectfully prayed of
this Honorable Office that respondent be given a period until August 9, 2014
within which to submit his counter-affidavit.
Other just and equitable reliefs are also prayed for by the respondent.

Cebu City, Philippines. August 1, 2014.

Atty. Rodulfo D. Dacalos, Jr.

Roll No. 53243
For the Respondent
DACALOS LAW OFFICE
Unit 3, 332 Madarang Building
Junquera Extension, 6000 Cebu City
Tel. No. 416-3318
Mobile No. 0915-735-8122
PTR No. 5571611 02-28-2014 Cebu City
IBP No. 957219 03-03-2014 Cebu City Chapter
MCLE Compliance No. III-0012922
Issued on April 19, 2010
MCLE Compliance No. IV 0021249
Issued on July 12, 2013
Email address: rdacalosjr@gmail.com

NOTICE

The Receiving Clerk

Office of the City Prosecutor
Cebu City

ATTY. BAYANI S. ATUP

Greetings! Please submit the foregoing motion for the consideration

and approval of the City Prosecutor, immediately upon receipt hereof.

R. D. DACALOS, JR.

Copy furnished:

ATTY. BAYANI S. ATUP

2/F Z. Plaza Building, D. Jakosalem Street
Brgy. Zapatera, Cebu City