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CLIVE BARKER,
Plaintiff,
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.
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.
VERIFICATION
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:
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.
SUBSCRIBED AND SWORN to before me this 13th day of May 2013, in the City of San Fernando,
affiant exhibiting to me his Driver’s License No.: 00696 issued at LTO, San Fernando on December 1,
2010.
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.
COPY FURNISHED: