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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

(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

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. Such incident led to the dismissal of the case. because this representation was not able to arrive on time and that the plaintiffs did not know what to do. this Motion for Reconsideration. .proceeding to the court failed to attend. hence.

2008 entitled “RN DEVELOPMENT CORPORATION.R. and to enter into stipulations or admissions of facts and of documents. 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. to submit to alternative modes of dispute resolution. we said - While a court can dismiss a case on the ground of non prosequitur.Regretfully. 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. A. No.” the Supreme Court Ruled: xxx. Respondent. But this discretion must not be abused. SYSTEM. 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. It can be noted that in G. There must be sufficient reason to justify the dismissal of a complaint. the real test of such power is whether. courts should decide to dispense rather than wield their authority to dismiss. nay gravely abused.” with due respect.I. In Marahay v. and must be exercised soundly. Indeed. Plaintiffs beg the forgiveness of the Honorable Court and undertake to avoid a repetition of the same act. June 26. 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. INC. 166104. The propriety of dismissing a case must be determined by the circumstances surrounding each particular case.. plaintiff is chargeable with want of due diligence in failing to proceed with reasonable promptitude. vs.I. Melicor. under the circumstances. Petitioner. While Rule 18. xxx . 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. as in the case at bar. this representation seeks relief from Rule 1. 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.

Malolos City. ____________________ Counsel for the Plaintiffs Ground Floor. Bulacan Roll no. Bulacan State University.: ________________ PTR No.:______________ Date: ________________ . Law Bldg. 2012. Other reliefs just and equitable are likewise being prayed for. Bulacan.: ________________ IBP OR No. 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.:______________ MCLE Comp.In the light of the foregoing. August 16. Malolos City. Atty.

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. ______________________ Counsel for the defendants Spouses Marco and Emily Montenegro Defendants . ___________________ Copy furnished by personal service to: Atty. Atty. 2012 at 9:00 in the morning or any other date soon after in the convenience of the Court calendar.

Other reliefs just and equitable are likewise being prayed for. ____________________ Roll no.: ________________ PTR No. 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. Bulacan. August 16. Malolos City. 2012.: ________________ IBP OR No. ____________________ Roll no. Taguig.:______________ Date: ________________ .:______________ MCLE Comp. Bonifacio Global City. Metro Manila By: Atty.: ________________ PTR No.:______________ Date: ________________ By: Atty.:______________ MCLE Comp. 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.In the light of the foregoing.: ________________ IBP OR No.

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