Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

MOTION WITH NOTICE TO TAKE DEPOSITION

PETITIONER, by counsel, to this Honorable Court respectfully alleges:

That petitioner would be coming home solely to testify in this case on November 24 to 26, 2013.

The petitioner deems it imperative that he report for work after the last week of November 2013, as his absence from work might disrupt his monthly remittances to support his three children with respondent.

In view hereof, it is hereby requested of this Honorable Court that petitioner be allowed to testify prior to his departure as provided under Section 1 and 14 Rule 23 of the Rules of Court which will continue from day to day at the same place and time until completed.

Thus in the interest of substantial justice and equity, and considering that petitioner needs to go back to work abroad after the last week of November 2013 and shall remain there for an indefinite period of time, petitioner respectfully moves that the Honorable Court allow the taking of his deposition upon oral examination before the Honorable Presiding Judge pursuant to Rule 23, Section 1, 10 and 15 of the 1997 Rules of Civil Procedure, within the stated time and date, based on the discretion of the Honorable Court.

This motion is not in any way intended to delay the proceedings but dictated solely for the reasons stated above.

WHEREFORE, petitioner respectfully prays that the Honorable Court allow the taking of deposition upon oral examination of petitioner on 26 November 2013 at 8:30 o’clock in the morning pursuant to Rule 23 of the 1997 Rules of Civil Procedure on the dates and time stated above.

Petitioner prays for such further or other relief as may be deemed just or equitable under the premises.

Imus, City for Pasay City, 18 October 2013.

LOMIBAO LAW OFFICE

406 Violago Homes, Litex, Quezon City

Tel. No. 0917- 8032- 788

Email Add.: ________________________

by:

___________________________________________

IBP No. ____________ ____________ CHAPTER

PTR No. ____________, ____________, ____________

Attorney’s Roll No. ____________

MCLE Compliance No. VI-____________

Notice of Hearing

THE CLERK OF COURT

RTC Branch 113

Pasay City

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,

Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA

316 Palin St., Block 27 Lot 77

Ai- Ai, General Tinio, GMA, Cavite

Greetings:

Please submit the foregoing motion for the consideration and approval of the Honorable Court immediately upon receipt hereof.

RICA KAYE O. LOMIBAO

Copy furnished:

HON. SOLICITOR GENERAL

134 Amorsolo St., Amorsolo Bldg.,

Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ELLEN A. ADARNA

316 Palin St., Block 27 Lot 77

Ai- Ai, General Tinio, GMA, Cavite

Explanation

The foregoing motion is being filed to the Honorable Court, Office of the City Prosecutor and to the other party by personal service with copy therefore furnished to the Office of the Solicitor General by registered mail, due to the distance of the undersigned from the said Honorable Solicitor General, making personal service thereof not practicable.

RICA KAYE O. LOMIBAO