Petitioner, (From the Court of Appeals Special Former Twentieth 20th Division, Re CA-GR. CR No. 01913 -versus- For: Petition for Review on PEOPLE OF THE Certiorari under Rule 45 PHILIPPINES of the Rules of Court. Respondent. X-------------------/
MOTION FOR EXTENSION OF TIME TO FILE
A PETITION FOR REVIEW ON CERTIORARI UNDER RULE 45 OF THE RULES OF COURT WITH NOTICE OF APPEARANCE AS COLLABORATING COUNSEL
PETITIONER, by the undersigned collaborating counsel,
unto this Honorable Supreme Court, most respectfully states that:
1. The petitioner is respectfully filing this motion to request
the Honorable Supreme Court for an additional period of thirty (30) days or from September 2, 2016 to October 2, 2016 within which to file a Petition for Review on Certiorari under Rule 45 of the Rules of Court, to seek a review of the decision promulgated by the Court of Appeals, Former Special Twentieth (20 th) Division, Cebu City, in the case brought to it on appeal from the Regional Trial Court of Negros Oriental, Branch 39, Stationed at Dumaguete City, which was also appealed from the Municipal Trial Court of Sibulan, Negros Oriental;
2. While with the Court of Appeals, the said case was
entitled: People of the Philippines, Plaintiff-Appellee, versus Santiago Calibat, Accused-Appellant. Docketed as CA-G.R. CR No. 01913; 2
STATEMENT OF MATERIAL DATES AND PROOF OF
TIMELINESS IN FILING THIS MOTION
3. On June 25, 2015, the counsel of record for the
petitioner, Atty. Achilles Arturo S. Umbac, Jr., received a copy of the Decision of the Court of Appeals, Former Special Twentieth (20th) Division, Cebu City which was promulgated on May 29, 2015;
4. On July 10, 2015, the petitioner thru the counsel of
record filed a Motion for Reconsideration of the aforementioned Decision;
5. On August 18, 2016, the abovementioned counsel of
record for the petitioner received a copy of the Resolution of the Court of Appeals, Former Special Twentieth (20 th) Division, Cebu City, which was promulgated on August 2, 2016, denying the abovementioned petitioners Motion for Reconsideration;
6. The petitioner has until September 2, 2016 or fifteen (15)
days from receipt of the aforementioned Resolution to file a Petition for Review on Certiorari under Rule 45 of the Rules of Court. But for reasons stated hereunder, petitioner and his counsel are respectfully praying the Honorable Supreme Court that they be granted an extension of time of at least thirty (30) days reckoned from September 2, 2016 or until October 2, 2016, within which to file said Petition for Review on Certiorari under Rule 45 of the Rules of Court;
7. This motion is thus filed before the expiration of the
period within which to file petitioners Petition for Review on Certiorari under Rule 45 of the Rules of Court;
GROUNDS FOR THE MOTION
8. Petitioner and his counsel needs additional time to
prepare and file their Petition for Review of Certiorari under Rule 45 of the Rules of Court because the counsel of record could not possibly complete the said petition within the fifteen (15) day period provided by the Rules of Court as he has to attend also to his prior schedules of equal importance. For purposes of securing certified records from the Court of Appeals, the distance between Cebu City where the Court of Appeals, Former Special 3
Twentieth (20th) Division is located and Dumaguete City
where the counsel of record is based, is quite far;
9. Therefore, the petitioner and his counsel respectfully
pray for an extension of time of at least thirty (30) days from September 2, 2016 or until October 2, 2016, within which to submit their Petition for Review on Certiorari under Rule 45 of the Rules of Court;
COMPLIANCE WITH OTHER REQUIREMENTS
10. Herewith attached as ANNEX A is the Postal
Money Order with No. 0620007338 in amount of TWO THOUSAND PESOS (P2,000.00), Postal Money Order with No. 0620007339 in the amount of TWO THOUSAND PESOS (P2,000.00), and Postal Money Order with No. 0650032670 in the amount of FIVE HUNDRED PESOS (P500.00) payable to the Clerk of Court of the Supreme Court, Manila, as payment of docket and other lawful fees and deposit for costs for the filing of a Petition for Review on Certiorari under Rule 45 of the Rules of Court;
11. Hereto attached as ANNEX B is the copy of the
Affidavit of Service of the Motion for Extension of time to File Petition for Review on Certiorari under Rule 45 of the Rules of Court with explanation of the Mode of Service thereof, showing that copies of this motion were sent to the following:
A. THE COURT OF APPEALS
Former Twentieth (20th) Division 6000 Cebu City
B. THE HONORABLE JUDGE
Branch 39, Regional Trial Court of Negros Oriental Hall of Justice, Dumaguete City
C. THE HONORABLE JUDGE
Municipal Trial Court of Sibulan Sibulan, Negros Oriental
D. THE OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo St., Legaspi Village Makati City, Philippines 4
PRAYER
WHEREOF, it is respectfully prayed that petitioner be
granted an extension of time of at least thirty (30) days reckoned from September 2, 2016 or until October 2, 2016, within which to file his Petition for Review on Certiorari under Rule 45 of the Rules of Court.
Petitioner further prays for other reliefs just and
equitable in the premises.
RESPECTFULLY SUBMITTED.
September 2, 2016. Dumaguete City (for Manila,
Philippines.
JOSE SANDINO B. ABIERA
IBP No. 1042631, 06/15/2016 at Manila, Philippines PTR No. 0487458, 07/19/2016 at Sibulan, Negros Oriental Roll No. 65297, Admitted to the Bar on June 17, 2016 MCLE Governing Board Order No. 1, Series of 2008 (Deadline of Compliance is on April 2019)
Branch 39, Regional Trial Court of Negros Oriental Hall of Justice, Dumaguete City
THE HONORABLE JUDGE
Municipal Trial Court of Sibulan Sibulan, Negros Oriental
THE OFFICE OF THE SOLICITOR GENERAL
5
134 Amorsolo St., Legaspi Village, Makati City
THE HONORABLE SUPREME COURT
Thru: The Clerk of Court Supreme Court Manila, Philippines 1000
This is to respectfully inform you that the undersigned
counsel will submit the foregoing Motion for Extension of Time to File Petition for Review on Certiorari under Rule 45 of the Rules of Court to the Honorable Supreme Court for its favorable consideration and resolution on any date convenient to its calendar.
JOSE SANDINO B. ABIERA
EXPLANATION
The filing of this pleading to the Honorable Supreme
Court is done by registered mail because personal delivery is not practicable due to the distance. Service of the copy for the Court of Appeals, Cebu City and the Office of the Solicitor General is done in like manner because of the distance, and copies for the Honorable Judge of the Regional Trial Court Branch 39 is also served in like manner because of time constraints.