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REPUBLIC OF THE PHILIPPINES

Department of Justice
NATIONAL PROSECUTION SERVICE
Office of the City Prosecutor
Marikina City
ERIC KRISTER NICHOLAS
SONGCUAN,

NPS DOCKET NO. XV09-INV-14K 01613

Plaintiff,
- versus For:
FRUSTRATED MURDER
JOHN CARLO BUISING BARRAMEDA,
JIM BUISING BARRAMEDA,
JOMAR BUISING BARRAMEDA,
GEORDIE ROTAP NATIVIDAD,
And WILSON DE PAZ CABUGON
Respondents.
x------------------------------------------------x

EX-PARTE MOTION FOR EXTENSION


Respondents BARRAMEDA, BARRAMEDA, BARRAMEDA,
ROTAP, and CABUGON, through undersigned counsel respectfully
states:
1. On 12 February 2015, the parties appeared before the Office of
the City Prosecutor for the submission of the Plaintiffs ReplyAffidavit. However Plaintiff was unable to present his witnesses
to swear before the Honorable Prosecutor as to the authenticity
of their Sworn Affidavits.
2. In the meantime, counsel for Respondents was instructed to
receive Plaintiffs Reply-Affidavit provisionally upon the
appearance of the witnesses on the next scheduled hearing, 26
February 2015, and to submit a Rejoinder-Affidavit for the
Respondents on the same date.
3. As of this writing, Respondents and counsel, are already in the
process of drafting the Rejoinder-Affidavit in anticipation of the
deadline on 26 February 2015.
4. The undersigned counsel, however, anticipates his inability to
file the Rejoinder-Affidavit on or before the said due date

because of the unforeseen unavailability of the witnesses whose


affidavits would be presented on the day of submission. Thus
said witnesses would be unable to sign their affidavits and
swear as to their contents authenticity before the Honorable
Prosecutor. Seeing as such an occurrence has already transpired
during the previous hearing with the non-appearance of
Complainants witnesses, Respondents seek to avoid the said
situation from happening again.
5. Furthermore counsel respectfully begs for the kind
consideration of the Honorable Prosecutor especially since the
presence of Respondents, of whom most are students and some
are minors who would thus require parental assistance, would
be required as well for the submission of the RejoinderAffidavit. Thus it would burdensome for the Respondents who
would have to be absent in their respective classes, and their
parents who would have to take day offs from work, to attend
on the submission of the Rejoinder-Affidavit with their
witnesses absent and unable to sign and swear before the
Honorable Prosecutor. Such situation would require the
Respondents and their parents to be all present once again
upon the availability of their witnesses on the next scheduled
hearing.
6. Counsel also manifests the tremendous pressure of other
equally urgent professional work, which requires preparation of
pleadings and court appearances. Counsel respectfully posits
that aside from the unavailability of witnesses mentioned
above, more time is necessary in order to prepare a
comprehensive and exhaustive Rejoinder-Affidavit that would
be sufficient to address all necessary issues in the said ReplyAffidavit.
7. Therefore, Respondents and undersigned counsel, begs the kind
indulgence of the Honorable Prosecutor that the previously set
deadline for the filing of their Rejoinder-Affidavit set on 26
February 2015 be moved, and that Respondents and
undersigned counsel be granted an additional period of fifteen
(15) days from the filing of this pleading, 23 February 2015, or
until 10 March 2015, to file a Rejoinder-Affidavit.
8. This motion is not intended for delay but is motivated solely for
the foregoing reason.
PRAYER
WHEREFORE, Respondents and undersigned counsel
respectfully prays that Office of the City Prosecutor grant an

additional period of fifteen (15) days from 23 February 2015, or


until 10 March 2015, within which to file their Rejoinder-Affidavit.
Petitioner further prays for such other reliefs and remedies
just and equitable under the premises.
Pasig City for Marikina City, 23 February 2015.

TOPLAW
TOPACIO LAW OFFICE
Counsel for the Respondents
Suite 107 Skyway Twin Towers,
H. Javier St., Ortigas Center
Pasig City, Metro Manila
Telephone Number (+632)5710270
Fax Number (+632)5711626
Email address: toplawoffice@gmail.com
By:
FERDINAND S. TOPACIO
Attorneys Roll No. 38271
IBP Lifetime Membership No. 562537
PTR. No. 3651073/01. 02. 2014/ Cavite City
MCLE Compliance No. IV-0015379
Issued on 03 April 2013
JOSELITO O. LOMANGAYA
Attorneys Roll No. 47328
IBP O.R. No.0992336/ 01.22.15/ Makati City
PTR No. 2361838 / 01.22.15/ Mandaluyong
MCLE Compliance No. IV-0015382
Issued on 03 April 2013

EDZON CRISTIAN C. LAUANG


Attorneys Roll No. 63780
IBP O.R. 0992337/ 01.22.15/ Pasig City
PTR. No. 2361837/01/22/15/ Mandaluyong
MCLE Exempt

COPY FURNISHED:

ERIC KRISTER SONGCUAN


#29 Agricultores St.
Brgy. Sto. Nino, Marikina City
EXPLANATION
In compliance with the Rules of Civil Procedure, the
undersigned counsel states that due to distance, time, and
manpower constraints, personal filing and service of this pleading
was not resorted to and instead, copies of the same were sent by
registered mail pursuant to said Rules as per attached registry
receipts. (Please disregard if personally served)

EDZON CRISTIAN C. LAUANG


Notice:
Due to the non-contentious nature of this motion it is kindly
submitted that the Clerk of the Office of the City Prosecutor upon
receipt, shall forward the same to the Honorable Prosecutor for
resolution without any further arguments.