Republic of the Philippines

Department of Justice
NATIONAL CITY PROSECUTION SERVICE XI
OFFICE OF THE CITY PROSECUTOR
Davao City

MIA ROSE PEDROSO ABAD No. XI-02-INV- 19-A-0530

Complainant,
FOR: RA 8353

-versus-

JUNICO PIAL
Respondent .
X------------------------------------------------------X

NOTICE OF APPEARANCE
WITH MOTION FOR EXTENSION TO FILE
COUNTER-AFFIDAVIT AND MANIFESTATION

Comes now Atty. Gilda S. Mahinay, unto this Honorable Court, most respectfully
enter its APPEARANCE as counsel for the RESPONDENT and thereby request that
any and all Notices, Orders, Decision and other processes that may be issued
anent the above-captioned case be sent to:

ATTY. GILDA S. MAHINAY, MA Econ.

Lawyer/Notary Public
PTR No. 2470304/January 8, 2019
IBP No. 068212/ January 10,2019
Roll No. 70474
MCLE (on process)
“Every nation has a Messenger and when their Messenger
comes everything is decided between them justly. They are not
wronged.” (Surah Yunus, 47)

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BY WAY OF MOTION:

1. Respondent knew only of the case filed against him for Rape when he
secured a Fiscal Clearance on September 17, 2019. The in-charge informed
him about the case and gave him copy of the sub-poena;

2. The in-charged further inform him that a Resolution has already been made
for the approval of the City prosecutor;

3. That respondent engaged the services of undersigned counsel only on

September 20 and that he has only 7 days left to prepare the defenses in the
counter-affidavit;

4. Since the respondent is charged of a heinous, the undersigned counsel is

constrained to study further the case and gather evidence for his defense.
Thus, seven days are not enough. Hence, need additional time within which
to submit his counter-affidavit.

5. This motion for extension is based on DOJ Manual of Prosecutors which

provides:

SEC. 21. Extension of time. - No motion or request for

extension of time to submit counter-affidavits shall be
allowed or granted by the Investigating Prosecutor except
when the interest of justice demands that the respondent
be given reasonable time or sufficient opportunity to:

a) engage the services of counsel to assist him in the

preliminary investigation proceedings;
b) examine or verify the existence, authenticity or
accuracy of voluminous records, files, accounts or other
papers or documents presented or submitted in support of
the complaint; or

c) undertake studies or research on novel,

complicated or technical questions or issues of law and of
facts attendant to the case under investigation.

Extensions of time to submit a counter-affidavit for any of

the reasons stated above shall not exceed ten (10) days.
Additional extensions may be authorized by the
Provincial/City Prosecutor concerned.

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6. As such, undersigned counsel requests for an additional period of 10 days
from September 27, 2019 within which to submit Respondent’s Counter-
Affidavit. Moreover, this additional time will also allow the undersigned to
interview the available witnesses and study this case further;

7. That the Resolution of the case shall be held in abeyance pending submission
of the Counter-Affidavit of the Respondent.

8. This Motion is not intended for delay but solely due to the foregoing reasons.

PRAYER

WHEREFORE, Respondents most respectfully prays of this Honorable City

Prosecutor that he be given an additional period of 10 from September 27, 2019
or until October 7, 2019 within which to submit the Counter-Affidavit. Further
prays that the Resolution of the said case shall be held in abeyance without
prejudice to the appreciation of the defense set in the respondent’s counter-
affidavit.

Other relief just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED. 20 September 2019 at Davao City, Davao del Sur,

Philippines.

ATTY. GILDA S. MAHINAY, MA Econ.

Lawyer/Notary Public
PTR No. 2470304/January 8, 2019
IBP No. 068212/ January 10,2019
Roll No. 70474
MCLE (on process)
“Every nation has a Messenger and when their Messenger
comes everything is decided between them justly. They are not
wronged.” (Surah Yunus, 47)

Copy furnished:

Mia Rose Pedroso Abad

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