Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 12, Cebu City
IN THE MATTER OF THE
APPOINTMENT OF Spec Proc No: R-CEB-19-0004-SP
GUARDIAN OF A MINOR For: Guardianship of a Minor
JAY PRITCHETT
Petitioner,
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MOTION FOR RECONSIDERATION
Petitioner, JAY PRITCHETT, by the undersigned counsel and
unto this Honorable Court most respectfully states that:
TIMELINESS OF THE MOTION FOR RECONSIDERATION
1. On April 8, 2019, this Honorable Court rendered a decision
dismissing the Petition for the Appointment of Guardian of a Minor
for Lack of Publication of the Order of this Honorable Court dated
April 1, 2019.
2. The Order Dismissing the said Petition was received by
Petitioner on the same day of its dismissal or on April 8, 2019.
3. This reconsideration is filed pursuant to the right of the
complainant under Section 1, Rule 52 of the Rules of Court which
provides:
Section 1. Period of filing. - A party may file a motion for
reconsideration of a judgment or final resolution within fifteen (15) days
from notice thereof, with proof of service on the adverse party.
4. This motion, being filed on April 12, 2019, is filed within the
reglementary period as prescribed by the aforementioned rule.
1
GROUND
The Trial Court erred in dismissing the petition outright on the
ground of lack of publication of the order.
DISCUSSION
The Order promulgated by this Honorable Court dated April 1,
2019 states that,
“The petitioner is directed to cause the publication of this Order once
a week for three consecutive weeks in a newspaper of general
circulation in the cities and province of Cebu.”
This was duly complied with by the petitioner and his counsel
who caused such publication pursuant to the instruction
aforementioned.
However, during the initial hearing, the proof of the required
publication was not presented as such was accidentally drenched
with water which caused the smudging of the words making them
undecipherable and the page itself, torn, during the morning of the
initial hearing. The counsel immediately tried to reach the publishing
company, SUNSTAR PHILIPPINES, to request and secure another
copy of the publication for the past three weeks to which the latter
responded in the negative as it cannot be produced immediately and
only later during the day.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
that the Decision on April 8, 2019 of this Honorable Court be SET
ASIDE, the Petitioner be ALLOWED TO PRESENT THE PROOF OF
PUBLICATION, TO RESCHEDULE ANOTHER DATE FOR INITIAL
HEARING and that the Petition be RECONSIDERED.
The Petitioner further prays for such other reliefs just and
equitable under the premises.
Cebu City, Philippines, April 12, 2019.
2
ATTY. CHARLES XAVIER
Counsel for Petitioner
Room 43 XYZ Building, Mabolo, Cebu City
PTR No. 123456; 1/2/19; Cebu City
IBP OR No. 123456; 1/2/19; Cebu City
MCLE Compliance No. 12345; 1/2/19
Attorney Roll No. 12345
NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 12, Cebu City
Please submit the foregoing Motion to the Honorable Court for its
consideration and approval immediately upon receipt hereof and
kindly include the same in the Court’s calendar for hearing on April
15, 2019 at 9:00 in the morning or soon thereafter as counsel may be
heard.
ATTY. CHARLES XAVIER
Counsel for Petitioner
Room 43 XYZ Building, Mabolo, Cebu City
PTR No. 123456; 1/2/19; Cebu City
IBP OR No. 123456; 1/2/19; Cebu City
MCLE Compliance No. 12345; 1/2/19
Attorney Roll No. 12345
