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Regional Trial Court: Motion To Inhibit

1. The defendant, through counsel Stephanie M. Santoalla, filed a Motion to Inhibit with Branch 6 of the Regional Trial Court in Davao City, requesting that Judge Sergio C. Marquina inhibit himself from a civil case between Monica A. Gaztambide and Racquel C. Murillo. 2. The motion argues that Judge Marquina should inhibit himself because he is related to the plaintiff within the fourth civil degree of consanguinity, posing a danger of partiality, bias, or prejudice. 3. The motion will be submitted to the court on April 6, 2020 at 8:30 AM for favorable consideration and approval.

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Nicole Santoalla
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579 views2 pages

Regional Trial Court: Motion To Inhibit

1. The defendant, through counsel Stephanie M. Santoalla, filed a Motion to Inhibit with Branch 6 of the Regional Trial Court in Davao City, requesting that Judge Sergio C. Marquina inhibit himself from a civil case between Monica A. Gaztambide and Racquel C. Murillo. 2. The motion argues that Judge Marquina should inhibit himself because he is related to the plaintiff within the fourth civil degree of consanguinity, posing a danger of partiality, bias, or prejudice. 3. The motion will be submitted to the court on April 6, 2020 at 8:30 AM for favorable consideration and approval.

Uploaded by

Nicole Santoalla
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch No. 6
Davao City

MONICA A. GAZTAMBIDE,
                                          Plaintiff,

                    - versus -                                              Civil Case No. 2017-34

RACQUEL C. MURILLO,
                                       Defendant.
x-------------------------------------------x

MOTION TO INHIBIT

DEFENDANT, through the undersigned counsel, respectfully


moves this Honorable Court to desist from trying the above-entitled
case on the following averments:
   
1. That defendant has been summoned before this Honorable
Court;

2. That it appears that there is danger of partiality, bias and


prejudice in favor of the plaintiffs for the reason that Honorable
Judge Sergio C. Marquina is related to the plaintiff within the 4th
civil degree of consanguinity;

3. That defendant will be prejudiced if the Honorable Judge


continues to hear the above-entitled case;

4. That it is necessary that the Honorable Judge inhibit himself


so as to promote the administration of justice.

PRAYER

         WHEREFORE, in view of the foregoing, it is respectfully prayed


that Honorable Judge Sergio C. Marquina inhibit himself from
hearing and trying the above-entitled case.
  
  Davao City, Philippines, April 3, 2020.

By:
(Sgd.)
STEPHANIE M. SANTOALLA
Counsel for the Defendant
MCLE Compliance No. VI-002347823; Valid Until 06-14-22
Roll of Attorneys No. 55267
IBP No. 096746/ 12-06-2019/Davao City
PTR No. 3530407C/ 1-21-2020/ Davao City
Doors 5 & 6, Tropicana Bldg., J.P. Laurel Ave.,
Lanang, Davao City

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


RTC - Branch 6
Davao City

ATTY. ERVEN JOHN P. CLAROS


Counsel for the Plaintiff
ABC Building, 2F, Lanang, Davao City

 Greetings!
      
Please take notice that the undersigned counsel will submit the
foregoing Motion to the Honorable Court on April 6, 2020 at 8:30 in
the morning for its favorable consideration and approval.

(Sgd.)
STEPHANIE M. SANTOALLA
                                           
Copy furnished by registered mail:
     
ATTY. ERVEN JOHN P. CLAROS
Counsel for the Plaintiff
ABC Building, 2F, Lanang, Davao City

EXPLANATION

        Due to lack of messengerial services to effect personal service, a


copy of the foregoing motion was sent to defendant's counsel
through registered mail.
(Sgd.)
      STEPHANIE M. SANTOALLA

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