67%(3)67% menganggap dokumen ini bermanfaat (3 suara)
3K tayangan2 halaman
The document is a motion for a new trial filed by the defendant Nenetta Mae O. Siguenza in a civil case regarding collection of a sum of money. The motion argues that the plaintiff obtained the previous decision through fraud, and that new evidence has been discovered that was not available at trial, consisting of two letters showing the obligation has been paid. The motion requests that the previous decision be set aside and a new trial granted.
The document is a motion for a new trial filed by the defendant Nenetta Mae O. Siguenza in a civil case regarding collection of a sum of money. The motion argues that the plaintiff obtained the previous decision through fraud, and that new evidence has been discovered that was not available at trial, consisting of two letters showing the obligation has been paid. The motion requests that the previous decision be set aside and a new trial granted.
The document is a motion for a new trial filed by the defendant Nenetta Mae O. Siguenza in a civil case regarding collection of a sum of money. The motion argues that the plaintiff obtained the previous decision through fraud, and that new evidence has been discovered that was not available at trial, consisting of two letters showing the obligation has been paid. The motion requests that the previous decision be set aside and a new trial granted.
5th Judicial Region Naga City, Camarines Sur Branch _____
NENITA O. SIGUENZA, Plaintiff, Civil Case No. ______ -versus- For: Collection of Sum of Money
NENETTE MAE O. SIGUENZA,
Defendant. x------------------------x
MOTION FOR NEW TRIAL
DEFENDANT, by the undersigned counsel, respectfully avers
that:
1. Defendant received a copy of the decision on September 10,
2019, which was obtained by plaintiff through FRAUD;
2. A new evidence was discovered, which he could not, with
reasonable diligence have discovered and produced at the trial and if considered would alter the outcome of the case;
3. The above-mentioned discovered evidence consists of two
letters stating that the said obligation has been paid including the interest set forth in the first promissory note signed;
4. The affidavits of Imelda Malonda and Yolanda Baduria are
hereto attached as Annexes “A” and “B” to substantiate the aforementioned newly-discovered evidence.
WHEREFORE, premises considered, it is most respectfully
prayed that the decision of this Honorable Court be set aside and a new trial granted. Such other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for.
Naga City, Camarines Sur, Philippines, September 25, 2019.
APRIL ROSE A. SIGUENZA
Counsel for the Defendant Attorney’s Roll No. 12345 IBP No. 123456, January 1, 2019/ Camarines Sur PTR No. 7654321, January 1, 2019/ Naga City MCLE Comp. No. IV-0001234, Valid until March 2, 2019 2nd Floor, Five Point Bldg., Caceres St., Corner Mayon Avenue, Tinago, Naga City Telephone Number: (054) 123-456 Fax Number: (054) 231-4322
NOTICE OF HEARING
ATTY. EGMEDIO C. BLACER
Counsel for the Plaintiff 2nd Floor, Palma-Afable Bldg., Panganiban Drive, Naga City
Greetings:
Please take Notice that the foregoing Motion will be submitted
for the consideration and approval of the Honorable Court on September 30, 2019 at 8:30 o’clock in the morning with counsel waiving his appearance thereat.