Republic of the Philippines Regional Trial Court Branch ___, Manila

Juan Dela Cruz, Plaintiff,

-versus

Civil Case No. ______ For: Collection of Sum of Money

Juana Dela Cruz, Defendant, x------------------------------------------x

MOTION FOR NEW TRIAL

COMES NOW, the defendant, through counsel, respectfully that: 1. The judgment of this court in the above-entitled case was served on him on May 10, 2012, which was obtained by plaintiff through FRAUD; 2. Since then, defendant, discovered new evidence, which he could not, with reasonable diligence have discovered and produced at the trial and if considered would alter the outcome of the case; The above-mentioned discovered evidence consists in the following, to wit two letters stating that the said obligation has been paid including the interest set forth in the first promissory note signed;
3.

That the affidavits of X and Y(and/or, the following documents) are attached hereto as Annexes A, B, etc., to substantiate the aforementioned newly-discovered evidence;
4.

5. That said newly-discovered evidence, if presented this case, would alter the result of the decision of the Honorable Court. WHEREFORE, defendant prays that the judgment in this case be set aside and a new trial be ordered for the reception of the newly-discovered evidence mentioned above. Other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for. Manila, May 16, 2012.

Atty. ABC Counsel for the Defendant 36 P. Campa, Sta. Cruz, Manila IBP No.: 12345/020506/Manila PTR No.: 12345/020508/Manila Roll No.: 12345 MCLE No. III 0019263-01-10-10

NOTICE OF HEARING To: ATTY. CDE Counsel for the Plaintiff GREETINGS! Please submit the foregoing MOTION FOR NEW TRIAL for the consideration and approval of the Honorable Court on May 20, 2012 at 9:00 in the morning.

ABC

VERIFICATION REPUBLIC OF THE PHILIPPINES CITY OF MANILA ) ) S. S.

I, Juana dela Cruz, of legal age, Filipino citizen, married, and resident of 12-B Marcelino St. Sta. Cruz, Manila, after having been duly sworn to in accordance with law do hereby depose and say: 1. That I am the defendant in the above- entitled case; 2. That I have caused the preparation of the foregoing Motion for New Trial and have read the allegations contained therein; 3. The allegations in the said complaint are true and correct of my own knowledge and authentic records. IN WITNESS WHEREOF, I have hereunto affixed my signature this 13th day of May, 2012, in the City of Manila. Juana dela Cruz SUBSCRIBED AND SWORN to before me this 13th day of May 2012, in the City of Manila, affiant exhibiting to me her Drivers License No.: 12345 issued at LTO, Manila on December 16, 2011.

Atty. ABC Notary Public for Manila 36 P. Campa, Sta. Cruz, Manila Commision No. 12, Until December 12, 2012 IBP No.: 12345/020506/Manila

PTR No.: 12345/020508/Manila Roll No.: 12345 MCLE No. III 0019263-01-10-10 Series No. of Commission M-123 Doc. No.: ___; Page No.: ___; Book No.:___; Series of 2012

CC: Atty. CDE Counsel of the Plaintiff 23 Hidalgo St. Sta. Cruz, Manila

EXPLANATION OF SERVICE Copy of the MOTION FOR NEW TRIAL was served to Plaintiffs counsel by registered mail due to time and distance constraints, and for lack of the undersigneds staff who can serve the same in person. ABC