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Motion For Reconsideration

The affiants filed a motion for reconsideration of the court's order dismissing their civil case for nullification of contract and reconveyance of property with damages. The case was dismissed due to the affiants' failure to appear at the scheduled pre-trial despite notice. However, the affiant PINSP Joel N Gamboa was unable to attend as he was undergoing mandatory training for his position that required a modular examination on the same date. The affiants argue that the failure to appear was not intentional but due to the important mandatory training. They request that the court lift the dismissal order and reset the case for further proceedings.

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Agnes Gamboa
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0% found this document useful (0 votes)
4K views1 page

Motion For Reconsideration

The affiants filed a motion for reconsideration of the court's order dismissing their civil case for nullification of contract and reconveyance of property with damages. The case was dismissed due to the affiants' failure to appear at the scheduled pre-trial despite notice. However, the affiant PINSP Joel N Gamboa was unable to attend as he was undergoing mandatory training for his position that required a modular examination on the same date. The affiants argue that the failure to appear was not intentional but due to the important mandatory training. They request that the court lift the dismissal order and reset the case for further proceedings.

Uploaded by

Agnes Gamboa
Copyright
© © 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 OF TARLAC


THIRD JUDICIAL REGION
MALOLOS CITY, BULACAN
BRANCH 123
SPOUSES DANIEL and KATRINA GUIDOTI,
Affiants,
-versus-

CIVIL CASE NO. 456-M-2011


For: Nullification of Contract and
Title, and Reconveyance of
Property with Damages

SPOUSES MARCO and EMILY MONTENEGRO,


Defendants,
x--------------------------------------------------------------------x

MOTION FOR RECONSIDERATION


(on the Order of the Honorable Court dated August 6, 2012)
Affiants, most respectfully move for the kind consideration of this Honorable
Court, to lift and set aside its Order dated August 6, 2012.
On August 13, 2012, affiants received a copy of the order dated August 6, 2012,
dismissing the case for failure of the affiants to appear the scheduled pre-trial despite
notice.
The case was set for pre-trial on June 02, 2015. On the same date, however,
affiant PINSP Joel N Gamboa was adhered for an equally important matter wherein
he was undergoing Public Safety Officers Basic Course (PSOBC) CL 2015-02 at Regional
Traning Center 3 in Sto. Nio, Magalang, Pampanga, started April 10, 2015 and will last
August 2015. That on that day, June 02, 2015 was their modular examination making it
impossible for him to attend the pre-trial in this case. Further, due to lack of manpower,
affiant was not able to send a messenger to explain to the Honorable Court his absence.
Such incident led to the dismissal of the case, hence, this Motion for
Reconsideration.
The failure of the affiants to appear during the pre-trial was merely due to the
above-mentioned reason and was not done intentionally so as to cause delay and
inconvenience on the part of the Honorable Court and the defendants in this case.
In the light of the foregoing, affiants humbly beseech the indulgence of this
Honorable Court to lift and set aside its Order dismissing the case and set the case for
further proceedings.
Other reliefs just and equitable are likewise being prayed for.
Tarlac City. June 02, 2015.

PINSP Joel N Gamboa

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