Republic of the Philippines
COURT OF APPEALS
Manila City
PAOLO A. CRUZ,
Petitioner,
-versus- C.A.- G.R. SP. NO.xxxxx
FOR: Certiorari
JUDGE MACARIO O. SANTOS in
his capacity as Presiding Judge
of the Regional Trial Court of
Quezon City, Branch 1 and JUAN
A. MENDEZ,
Respondents.
x------------------------------------------x
PETITION FOR CERTIORARI
PLAINTIFF, through undersigned counsel, and unto this Honorable
Court, respectfully avers the following:
PARTIES TO THE CASE
1. Plaintiff, PAOLO A. CRUZ, is of legal age, Filipino and with residence
at #123 Sampaloc Street, Quezon City, where he may be served with
notices and processes from this Court.
2. Public Respondent, MACARIO O. SANTOS, in his capacity as
Presiding Judge of the Regional Trial Court of Quezon, is of legal
age, Filipino, with residence at #456 Sampaloc Street, Quezon City,
where he may be served with notices and processes from this Court.
3. Private Respondent, JUAN A. MENDEZ, is of legal age, Filipino and
with residence at #789 Sampaloc Street, Quezon City, where he may
be served with notices and processes from this Court.
STATEMENT OF FACTS
4. Five days before the scheduled trial, the Plaintiff’s sole witness
suffered a heart attack.
5. The counsel for Plaintiff filed a Motion to Postpone the scheduled
hearing.
6. However, the said Motion for Postponement was denied by the Public
Respondent, a certified true copy of the said judgment of which is
hereto attached as Annex 1.
7. The Motion for Reconsideration of the counsel for Plaintiff was
likewise denied by the Public Respondent in which a certified true
copy the said denial as well as all the pleadings and documents
relevant and pertinent thereto are hereto attached as Annex 2 and 3,
respectively.
8. Hence, the filing of this Petition.
ISSUE/S OF THE CASE
Whether or not the Court abused its discretion amounting to lack or in
excess of jurisdiction when it denied the Motion for Postponement.
GROUNDS RELIED UPON
9. Under Rule 15, Section 12, par. (f) of the Revised Rules of Court a
Motion for Postponement is a prohibited motion “except if it is based
on acts of God, force majeure or physical inability of the witness to
appear and testify.
DISCUSSION
10. The sole witness of the plaintiff had suffered a heart attack five (5)
days before the scheduled trial which prompted the counsel for the
petitioner to file the Motion for Postponment.
11. Under the above-mentioned provision of the Revised Rules of Court,
a Motion for Postponement is a prohibited motion except except if it is
based on acts of God, force majeure or physical inability of the
witness to appear and testify.(underscoring supplied for emphasis)
12. A medical certificate issued by Dr. John Doe, Cardiologist of the
witness of the plaintiff, advised the witness to take a 15 day bed rest,
a certified copy of which is hereto attached as Annex 4 as the patient
is in dire need of the same for his fast recovery.
13. Said heart attack indubitably caused the said witness physically
unable to attend the said hearing hence the lower Court gravely erred
when it denied the counsel for plaintiff’s Motion for Postponement.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
unto this Honorable Court that the Resolution of the lower court be
reversed and that the counsel for Petitioner’s Motion for Postponement be
given due course.
RESPECTFULLY SUBMITTED.
Quezon City, May 6, 2024.
ATTY. ALEX PINEDA
Roll of Attorneys No. 34995
IBP No. 883604/01-11-24/Q.C.
PTR No. 7515730/01-11-24/Q.C.
MCLE Compliance: 12345678
Address: #1 EDSA Quezon City
Cell No. 12345678/ Email: abc@gmail.com
Copy furnished:
Hon. Macario O. Santos
Presiding Judge of the RTC of Quezon City, Branch 1
Atty. Rey Castro (Counsel for Respondent)
#1 EDSA Quezon City
Republic Of the Philippines)
Quezon City ) ss
VERIFICATION
PAOLO A. CRUZ, is of legal age, Filipino residing at #123 Sampaloc street,
Quezon City, after having been duly sworn to in accordance with law, hereby depose
and state that:
1. I am a party in the above-entitled case;
2. I have caused the preparation, have read and understood the contents of the
pleading.
3. The allegations in the pleading are true and correct based on my knowledge
and/or based on authentic documents;
4. The pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation;
5. The factual allegations therein have evidentiary support or will likewise have
evidentiary support after a reasonable opportunity for discovery;
IN WITNESS WHEREOF, I have hereunto affixed my hand this May 6, 2024 in
Quezon City Philippines.
PAOLO A. CRUZ
Affiant
SUBSCRIBED AND SWORN to before me personally this May 6, 2024 in
Quezon City, affiant presented his driver’s license with No. 12345 valid until 2025.
NOTARY PUBLIC
Doc No:_10
Page No: 5
Book No:III
Series of 2024
Republic Of the Philippines)
Quezon City ) ss
CERTIFICATION AS TO NON-FORUM SHOPPING
PAOLO A. CRUZ, is of legal age, Filipino, residing at #123 Sampaloc Street,
Quezon City after having been duly sworn to in accordance with law, hereby depose and
state that:
1. I am a party in the above-entitled case;
2. That I have not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending; and
3. If I should thereafter learn that a same or similar action or claim has been filed or
is pending, I shall report that fact within five (5) calendar days therefrom to this
honorable court.
IN WITNESS WHEREOF, I have hereunto affixed my hand this April 5, 2024 in
Quezon City Philippines.
PAOLO A. CRUZ
Affiant
SUBSCRIBED AND SWORN to before me personally this May 6, 2024 in Quezon City,
affiant presented his driver’s license with No.12345 valid until 2025.
NOTARY PUBLIC
Doc No:_10
Page No: 5
Book No:III
Series of 2024
