Republic of the Philippines REGIONAL TRIAL COURT Region III Branch 16, City of San Fernando CLIVE BARKER,

Plaintiff, - versus ALUCARD DRACULA, Defendant, x ---------------------------------------------- x MOTION FOR NEW TRIAL COMES NOW, the defendant, through counsel, respectfully prays that: 1. The judgment of this court in the above-entitled case was served on him on May 19, 2013, which was acquired by plaintiff through FRAUD; 2. Since then, defendant has 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; 3. The above-mentioned discovered evidence consists in the following, to wit TWO (2) LETTERS stating that the said obligation has been paid including the interest set forth in the first promissory note signed; 4. 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; 5. That said newly-discovered evidence, if presented for 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. City of San Fernando, May 16, 2013. (Sgd.) Atty. Rommelito Francisco E. Macarayo Counsel for Defendant 13-69 Barracks Building, Marikina IBP NO. 87123-7/19/12-AC PTR NO. 669913/21/12-AC Roll No. 99998 MCLE Exempt (Admitted to the bar: April 6, 2012 Civil Case No. 00045 For: Collection of Sum of Money

NOTICE OF HEARING Atty. Ezekiel Razon Counsel for the Plaintiff 12-26 Marina Arcade, Mabalacat City Greetings! Please take notice that the foregoing Motion for New Trial shall be submitted for the consideration and approval of the Honorable Court on Thursday, July 25, at 10 AM or as soon as counsel and matter may be heard. Atty. Rommelito Francisco E. Macarayo VERIFICATION REPUBLIC OF THE PHILIPPINES CITY OF SAN FERNANDO S. S.

I, Alucard Dracula, of legal age, Filipino citizen, married, and resident of 6-9 B Dulce St., Sta. Maria Village IX, Balibago, Angeles City, 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 13 th day of May, 2013, in the City of San Fernando. Juana dela Cruz SUBSCRIBED AND SWORN to before me this 13th day of May 2013, in the City of San Fernando, affiant exhibiting to me his Drivers License No.: 00696 issued at LTO, San Fernando on December 1, 2010. Atty. Dylan Alcander Macarayo Notary Public for City of San Fernando 69 Hero St., Idealsville, City of San Fernando Commision No. 77, Until December 15, 2013 IBP No.: 00747/030705/San Fernando PTR No.: 69696/131313/San Fernando

Roll No.: 111 MCLE No. III 009999-05-06-13 Series No. 69 of Commission M-444 Doc. No.: ___; Page No.: ___; Book No.:___; Series of 2013

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Atty. Ezekiel Razon Counsel for the Plaintiff 12-26 Marina Arcade, Mabalacat City

EXPLANATION The foregoing Motion for New Trial is being filed with this Honorable Court and served on the opposing counsel by registered mail in view of the impracticability of personal filing and service due to distance considering that the office of this Honorable Court is at the City of San Fernando and that of the opposing counsel is at Mabalacat City, while undersigned counsel holds office in Marikina. Atty. Rommelito Francisco E. Macarayo

COPY FURNISHED: Atty. Ezekiel Razon Counsel for the Plaintiff 12-26 Marina Arcade, Mabalacat City