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.

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 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.

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 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