REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF BULACAN THIRD JUDICIAL REGION MALOLOS CITY, BULACAN BRANCH 123

SPOUSES DANIEL and KATRINA GUIDOTI, Plaintiffs,

-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)

Plaintiffs, through counsel, 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, plaintiffs received a copy of the order dated August 6, 2012, dismissing the case for failure of the Plaintiffs and their counsel to appear the scheduled Pre Trial Conference despite notice.

The case was set for pre trial conference on August 6, 2012. On the same date, however, counsel for the plaintiff was adhered for an equally important matter wherein another client was being held purportedly for violation of a Temporary Restraining Order which required a more immediate attention making it impossible for the counsel to attend the Pre trial Conference in this case. Further, due to lack of manpower, counsel was not able to send a messenger to explain to the Honorable Court his absence. In addition, the plaintiffs who were waiting for the counsel, at their meeting place before

proceeding to the court failed to attend, because this representation was not able to arrive on time and that the plaintiffs did not know what to do.

Such incident led to the dismissal of the case, hence, this Motion for Reconsideration.

The failure of the plaintiffs and their counsel to appear during the pre trial conference was merely due to the above-mentioned reasons 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.

Regretfully, Plaintiffs beg the forgiveness of the Honorable Court and undertake to avoid a repetition of the same act.

While Rule 18, Section 4 of the Revised Rules of Court provides: It shall be the duty of the parties and their counsel to appear at the pre-trial. The non-appearance of a party may be excused only if a valid cause is shown therefore or if a representative shall appear in his behalf fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and of documents. with due respect, this representation seeks relief from Rule 1, Section 6 of the same rules which provides that these rules should be liberally construed in order to protect the substantive rights of the parties. It can be noted that in G.R. No. 166104, June 26, 2008 entitled RN DEVELOPMENT CORPORATION, Petitioner, vs. A.I.I. SYSTEM, INC., Respondent. the Supreme Court Ruled: xxx. In Marahay v. Melicor, we said -

While a court can dismiss a case on the ground of non prosequitur, the real test of such power is whether, under the circumstances, plaintiff is chargeable with want of due diligence in failing to proceed with reasonable promptitude. In the absence of a pattern or a scheme to delay the disposition of the case or a wanton failure to observe the mandatory requirement of the rules on the part of the plaintiff, as in the case at bar, courts should decide to dispense rather than wield their authority to dismiss. Indeed, the dismissal of a case whether for failure to appear during trial or prosecute an action for an unreasonable length of time rests on the sound discretion of the trial court. But this discretion must not be abused, nay gravely abused, and must be exercised soundly. Deferment of proceedings may be tolerated so that cases may be adjudged only after a full and free presentation of all the evidence by both parties. The propriety of dismissing a case must be determined by the circumstances surrounding each particular case. There must be sufficient reason to justify the dismissal of a complaint. xxx

In the light of the foregoing, plaintiffs 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.

Malolos City, Bulacan. August 16, 2012.

Atty. ____________________ Counsel for the Plaintiffs Ground Floor, Law Bldg. Bulacan State University, Malolos City, Bulacan Roll no.: ________________ PTR No.: ________________ IBP OR No.:______________ MCLE Comp.:______________ Date: ________________

Notice of hearing

Please take notice that the foregoing motion for reconsideration is being filed for the consideration and approval of the Honorable Court on August 24, 2012 at 9:00 in the morning or any other date soon after in the convenience of the Court calendar.

Atty. ___________________

Copy furnished by personal service to:

Atty. ______________________ Counsel for the defendants

Spouses Marco and Emily Montenegro Defendants

In the light of the foregoing, plaintiffs 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.

Malolos City, Bulacan. August 16, 2012.

Mariano Balmeo Prodon-delos Santos Soriano-Torralba & Calayag Law Offices Counsel for the Plaintiffs 28/F Suite 2800-2804 THE TRUMP TOWER Upper McKinley Hill, Bonifacio Global City, Taguig, Metro Manila By:

Atty. ____________________ Roll no.: ________________ PTR No.: ________________ IBP OR No.:______________ MCLE Comp.:______________ Date: ________________

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Atty. ____________________ Roll no.: ________________ PTR No.: ________________ IBP OR No.:______________ MCLE Comp.:______________ Date: ________________

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Atty. ____________________ Roll no.: ________________ PTR No.: ________________ IBP OR No.:______________ MCLE Comp.:______________ Date: ________________

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Atty. ____________________ Roll no.: ________________ PTR No.: ________________ IBP OR No.:______________ MCLE Comp.:______________ Date: ________________

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