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Republic of the Philippines

SUPREME COURT
Manila

SANTIAGO CALIBAT SC. G.R. NO.______________


Petitioner, (From the Court of Appeals
Special Former Twentieth
20th Division, Re CA-GR.
CR No. 01913
-versus-
For: Petition for Review on
PEOPLE OF THE Certiorari under Rule 45
PHILIPPINES of the Rules of Court.
Respondent.
X-------------------/

MOTION FOR EXTENSION OF TIME TO FILE


A PETITION FOR REVIEW ON CERTIORARI
UNDER RULE 45 OF THE RULES OF COURT WITH NOTICE
OF APPEARANCE AS COLLABORATING COUNSEL

PETITIONER, by the undersigned collaborating counsel,


unto this Honorable Supreme Court, most respectfully states
that:

1. The petitioner is respectfully filing this motion to request


the Honorable Supreme Court for an additional period of
thirty (30) days or from September 2, 2016 to October 2,
2016 within which to file a Petition for Review on
Certiorari under Rule 45 of the Rules of Court, to seek a
review of the decision promulgated by the Court of
Appeals, Former Special Twentieth (20 th) Division, Cebu
City, in the case brought to it on appeal from the
Regional Trial Court of Negros Oriental, Branch 39,
Stationed at Dumaguete City, which was also appealed
from the Municipal Trial Court of Sibulan, Negros
Oriental;

2. While with the Court of Appeals, the said case was


entitled: People of the Philippines, Plaintiff-Appellee,
versus Santiago Calibat, Accused-Appellant. Docketed
as CA-G.R. CR No. 01913;
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STATEMENT OF MATERIAL DATES AND PROOF OF


TIMELINESS IN FILING THIS MOTION

3. On June 25, 2015, the counsel of record for the


petitioner, Atty. Achilles Arturo S. Umbac, Jr., received a
copy of the Decision of the Court of Appeals, Former
Special Twentieth (20th) Division, Cebu City which was
promulgated on May 29, 2015;

4. On July 10, 2015, the petitioner thru the counsel of


record filed a Motion for Reconsideration of the
aforementioned Decision;

5. On August 18, 2016, the abovementioned counsel of


record for the petitioner received a copy of the Resolution
of the Court of Appeals, Former Special Twentieth (20 th)
Division, Cebu City, which was promulgated on August
2, 2016, denying the abovementioned petitioners Motion
for Reconsideration;

6. The petitioner has until September 2, 2016 or fifteen (15)


days from receipt of the aforementioned Resolution to file
a Petition for Review on Certiorari under Rule 45 of the
Rules of Court. But for reasons stated hereunder,
petitioner and his counsel are respectfully praying the
Honorable Supreme Court that they be granted an
extension of time of at least thirty (30) days reckoned
from September 2, 2016 or until October 2, 2016, within
which to file said Petition for Review on Certiorari under
Rule 45 of the Rules of Court;

7. This motion is thus filed before the expiration of the


period within which to file petitioners Petition for Review
on Certiorari under Rule 45 of the Rules of Court;

GROUNDS FOR THE MOTION

8. Petitioner and his counsel needs additional time to


prepare and file their Petition for Review of Certiorari
under Rule 45 of the Rules of Court because the counsel
of record could not possibly complete the said petition
within the fifteen (15) day period provided by the Rules of
Court as he has to attend also to his prior schedules of
equal importance. For purposes of securing certified
records from the Court of Appeals, the distance between
Cebu City where the Court of Appeals, Former Special
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Twentieth (20th) Division is located and Dumaguete City


where the counsel of record is based, is quite far;

9. Therefore, the petitioner and his counsel respectfully


pray for an extension of time of at least thirty (30) days
from September 2, 2016 or until October 2, 2016, within
which to submit their Petition for Review on Certiorari
under Rule 45 of the Rules of Court;

COMPLIANCE WITH OTHER REQUIREMENTS

10. Herewith attached as ANNEX A is the Postal


Money Order with No. 0620007338 in amount of TWO
THOUSAND PESOS (P2,000.00), Postal Money Order with
No. 0620007339 in the amount of TWO THOUSAND
PESOS (P2,000.00), and Postal Money Order with No.
0650032670 in the amount of FIVE HUNDRED PESOS
(P500.00) payable to the Clerk of Court of the Supreme
Court, Manila, as payment of docket and other lawful
fees and deposit for costs for the filing of a Petition for
Review on Certiorari under Rule 45 of the Rules of Court;

11. Hereto attached as ANNEX B is the copy of the


Affidavit of Service of the Motion for Extension of time to
File Petition for Review on Certiorari under Rule 45 of the
Rules of Court with explanation of the Mode of Service
thereof, showing that copies of this motion were sent to
the following:

A. THE COURT OF APPEALS


Former Twentieth (20th) Division
6000 Cebu City

B. THE HONORABLE JUDGE


Branch 39, Regional Trial Court of Negros Oriental
Hall of Justice, Dumaguete City

C. THE HONORABLE JUDGE


Municipal Trial Court of Sibulan
Sibulan, Negros Oriental

D. THE OFFICE OF THE SOLICITOR GENERAL


134 Amorsolo St., Legaspi Village
Makati City, Philippines
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PRAYER

WHEREOF, it is respectfully prayed that petitioner be


granted an extension of time of at least thirty (30) days
reckoned from September 2, 2016 or until October 2, 2016,
within which to file his Petition for Review on Certiorari under
Rule 45 of the Rules of Court.

Petitioner further prays for other reliefs just and


equitable in the premises.

RESPECTFULLY SUBMITTED.

September 2, 2016. Dumaguete City (for Manila,


Philippines.

JOSE SANDINO B. ABIERA


IBP No. 1042631, 06/15/2016 at Manila, Philippines
PTR No. 0487458, 07/19/2016 at Sibulan, Negros Oriental
Roll No. 65297, Admitted to the Bar on June 17, 2016
MCLE Governing Board Order No. 1, Series of 2008
(Deadline of Compliance is on April 2019)

Law Office Address


101 Diputado St., Poblacion, Sibulan
Negros Oriental, Philippines 6201
Telephone No. (035) 419-8260
Cellular Phone No. (0915) 788-8109

COPY FURNISHED and


NOTICE OF HEARING

THE COURT OF APPEALS


Former Twentieth (20th) Division
6000 Cebu City

THE HONORABLE JUDGE


Branch 39, Regional Trial Court of Negros Oriental
Hall of Justice, Dumaguete City

THE HONORABLE JUDGE


Municipal Trial Court of Sibulan
Sibulan, Negros Oriental

THE OFFICE OF THE SOLICITOR GENERAL


5

134 Amorsolo St., Legaspi Village, Makati City

THE HONORABLE SUPREME COURT


Thru: The Clerk of Court
Supreme Court
Manila, Philippines 1000

This is to respectfully inform you that the undersigned


counsel will submit the foregoing Motion for Extension of Time
to File Petition for Review on Certiorari under Rule 45 of the
Rules of Court to the Honorable Supreme Court for its
favorable consideration and resolution on any date convenient
to its calendar.

JOSE SANDINO B. ABIERA

EXPLANATION

The filing of this pleading to the Honorable Supreme


Court is done by registered mail because personal delivery is
not practicable due to the distance. Service of the copy for the
Court of Appeals, Cebu City and the Office of the Solicitor
General is done in like manner because of the distance, and
copies for the Honorable Judge of the Regional Trial Court
Branch 39 is also served in like manner because of time
constraints.

JOSE SANDINO B. ABIERA