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-versus-

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MOTION FOR CLARIFICATION


PLAINTIFF-APPELLEE, by counsel, unto this Honorable
Court, respectfully states:
1. On ________________, plaintiff- appellee received a copy of
Notice from the Clerk of Court of this Honorable Court
dated _______, requiring the parties to file their respective
Memoranda/Briefs pursuant to Section 9, Rule 122 of the
Rules of Court;
2. On
________,
plaintiff-appellee
received
defendantappellant's Motion for Extension praying for an extension of
another fifteen days from ______________, within which to file
his Memorandum;
3. In this regard, plaintiff-appellee is in quandary as to
whether she should file her Appellee's Memorandum today
pursuant to said Notice for the following reasons:
A.
Section 9, Rule 122 of the Rules of Court refers to
an appeal in Criminal cases. With all due respect,
plaintiff-appellee believes that Rule 40, Sec.7 of the
Rules of Court governing appeal in civil cases should
govern the instant appeal. The said provision states:
Sec. 7. Procedure in the Regional Trial Court.

(a)

Upon receipt of the complete record or


the record on appeal, the clerk of court
of the Regional Trial Court shall notify
the parties of such fact.

(b)

Within fifteen (15) days from such


notice, it shall be the duty of the
appellant to submit a memorandum
which shall briefly discuss the
errors imputed to the lower court, a
copy of which shall be furnished by
him to the adverse party. Within
fifteen (15) days from receipt of the
appellants
memorandum,
the
appellee may file his memorandum.
Failure of the appellant to file a
memorandum shall be a ground for
dismissal of the appeal.

(c)

Upon the filing of the memorandum of


the appellee, or the expiration of the
period to do so, the case shall be
considered submitted for decision. The
Regional Trial Court shall decide the
case on the basis of the entire record of
the proceedings had in the court of
origin and such memoranda as are
filed.

B.
Since defendant-appellant did not file his
Memorandum and instead filed a Motion for Extension,
plaintiff-appellee could not be aware of the formers
assigned errors. Hence, it is improbable for her to
make an argument/discussion on the same.
C.
Plaintiff-appellee therefore, moves for clarification
as to when she should file her Appellee's Memorandum
in view of defendant's Motion for Extension to file
Appellant's Memorandum.
PRAYER
WHEREFORE, premises considered, it is
respectfully prayed of this Honorable Court that the
time for filing of Appellee's Memorandum be clarified

in view of defendant's Motion for Extension to file


Appellant's Memorandum.
Respectfully submitted.
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