Republic of the Philippines

OFFICE OF THE OMBUDSMAN

Ombudsman Bldg., Agham Road, Government Center
North Triangle, Diliman, Quezon City

Preliminary Investigation and Administrative Bureau-B

Central Records Division (CRD)
nd
2 Floor, Office of the Ombudsman, Agham Road
Diliman, Quezon City

FIELD INVESTIGATION OFFICE,

Complainant,
OMB-C-C-18-0290
- versus- For: Malversation of public
funds or property and
Section 3(e) of
Republic Act 3019

ANTONIO Y. KAPITAN, ET AL.,

Respondents.
x- - - - - - - - - - - - - - - - - - - - - - - -x

ENTRY OF APPEARANCE
WITH MOTION FOR
EXTENSION OF TIME TO SUBMIT COUNTER-AFFIDAVIT

The undersigned firm is respectfully entering its appearance as

counsel of record for respondent SARAH JANE BALASUBAS in
the above-captioned case. Henceforth, it is requested of this
Honorable Office that copies of its orders, notices, resolutions,
communications or other processes for the respondent be sent to the
undersigned at the latter’s office address as herein under indicated.

And by way Motion---

Respondent, by the undersigned counsel and to this Honorable

Office, most respectfully states: THAT---

1. On 29 August 2018, the respondent, personally received

a copy of the Order of the Complaint by the Field Investigation
Office-Office of the Ombudsman (FIO) in OMB-C-C-18-0290 dated
30 July 2018 directing the filing of her Counter-Affidavit/s and those of

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her witness/es, and other supporting documents, if any, within TEN
(10) DAYS from notice.

2. Reckoning from 29 August 2018, respondent has until 08

September 2018 within which to file her Counter-Affidavit.

3. Regrettably, respondent upon receipt of the subject

Complaint, needed to attend to several hearings before the
Sandiganbayan. Due to the voluminous documents involved in
the subject case as well as the intricate issues and complexity
of the case, further reading is required by the respondent which
may take time beyond the prescribed period to submit the
corresponding Counter-Affidavit in the above-captioned case of
the subject order which could be done by the undersigned only
after daily attending several hearings before the Honorable
Court.

4. Further, due health problems and weakening body of the

respondent for several months now, to date, the latter have yet
to read the documents involved in the case in the subject order
and gather supporting documents for her to file her Counter-
Affidavit.

5. Hence, the respondent appealed for an additional TEN

(10) DAYS from 08 September 2018 or until 18 September
2018, within which to file her Counter-Affidavit.

6. However, due to the complexity and gravity of the charges

filed against her, respondent was constrained to engage the services
of the undersigned firm on 17 September 2018.

7. However, due to the exigencies caused by heavy load of

work consisting of preparation of various but urgent and equally
important pleadings whose deadlines are all due and
attendance at court appearances and the need of material time
to study the case to properly file the necessary responsive
pleading, the undersigned counsel is seriously constrained to
ask for additional period of time to fully comply to the
submission of her Counter-Affidavit on or before the date set by
the Honorable Office.

8. Hence, the undersigned counsel is pleading for this

Honorable Office’s understanding as it humbly and respectfully
asks for an additional TEN (10) DAYS counted from 18
September 2018 or until 28 September 2018, within which to
file the Counter-Affidavit to the Complaint filed by complainant.

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 9. This motion is made in good faith and is not intended to
delay the present proceedings but solely for the reasons above-
stated.

WHEREFORE, premises considered, it is most respectfully

prayed that this Honorable Office grant the herein defendant an
extension of TEN (10) DAYS from 18 September 2018 or until 28
September 2018, within which to file its Counter-Affidavit to
complainant’s Complaint.

Other measures of relief that are just and equitable under the
circumstances are likewise prayed for.

Pasig City for Quezon City, 18 September 2018.

MAKATARUNGAN & PANININDIGAN

Attorneys-at-law
Counsel for the Petitioner Steve Rogers
69th Floor, Strata 2000 Building
F. Ortigas Jr. Road, Ortigas Center,
Pasig City
Tel. No. (632) 699-34-75

By:

JAMES W. DEAN
IBP No. 063723; 01/09/18; Pasig City
PTR No. 736473; 01/09/18; Pasig City
Roll of Attorneys No. 10000
MCLE Compliance No.II-0016978; 3/16/16

Copy furnished:

FIELD INVESTIGATION OFFICE

Office of the Ombudsman
Agham Road, Diliman, Quezon City
Public Complainant

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EXPLANATION: Pursuant to the provisions of Section 11 of Rule 12
of the Rules of Court, the undersigned counsel for the defendant
respectfully manifests that the foregoing Entry of Appearance with
Motion will be served upon the plaintiff’s counsel by registered mail,
personal service being not practicable due to distance, time
constraints and unavailability of messengers to effect the same.

JAMES W. DEAN

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