REPUBLIC OF THE PHILIPPINES

5th JUDICIAL REGION

REGIONAL TRIAL COURT
NAGA CITY
BRANCH 00

FERDINAND EDRALIN MARCOS,

Plaintiff,

- versus - Civil Case No. 00018

For: Collection of Sum of
Money

BENIGNO SIMEON AQUINO, JR.

Defendant.

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MOTION FOR NEW TRIAL

COMES NOW, the defendant, through counsel, respectfully

prays that:

1. The judgment of this court in the above-entitled case was served on

him on September 1, 2019, which was acquired by plaintiff through
FRAUD;

2. Since then, defendant has discovered new evidence, which he could

not, with reasonable diligence, have discovered and produced at the
trial and if considered would alter the outcome of the case;

3. The above-mentioned discovered evidence consists in the following,

to wit TWO (2) LETTERS stating that the said obligation has been
paid including the interest set forth in the first promissory note signed;

4. That the affidavits of X and Y (and/or, the following documents) are

attached hereto as Annexes “A”, “B”, etc., to substantiate the
aforementioned newly-discovered evidence;

5. That said newly-discovered evidence, if presented for this case, would

alter the result of the decision of the Honorable Court.

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 WHEREFORE, defendant prays that the judgment in this case
be set aside and a new trial be ordered for the reception of the newly-
discovered evidence mentioned above.

Other relief and remedies as may be deemed just and equitable

under the premises are likewise prayed for.

City of Naga, Bicol, Philippines, 10th day of September, 2019.

ATTY. GRACE ANN TACBIANAN-BERINA

Counsel for Defendant
IBP Lifetime Member#01234
Roll of Attorneys #67891
PTR #012345/01-11-11
Naga City

NOTICE OF HEARING

Atty. Juan dela Cruz

Counsel for the Plaintiff

Greetings!

Please take notice that the foregoing Motion for New Trial shall
be submitted for the consideration and approval of the Honorable Court on
Thursday, September 12, 2019 at 10 AM or as soon as counsel and matter
may be heard.

ATTY. GRACE ANN TACBIANAN-BERINA

VERIFICATION

I, BENIGNO SIMEON AQUINO, JR, of legal age, Filipino

citizen, married, and resident of Del Rosario, Naga City, after having been
duly sworn to in accordance with law do hereby depose and say:

1. That I am the defendant in the above-entitled case;

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 2. That I have caused the preparation of the foregoing Motion for New
Trial and have read the allegations contained therein;

3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records.

IN WITNESS WHEREOF, I have hereunto affixed my

signature on this 10th day of September, 2019 at Naga City, Bicol,
Philippines.

BENIGNO SIMEON AQUINO, JR

Affiant

SUBSCRIBED AND SWORN to before me this this 10th day

of September, 2019, in the City of Naga, affiant exhibiting to me his
Driver’s License No.: 00696 issued at LTO, Naga City, Bicol on December
1, 2010.

NOTARY PUBLIC

Doc. No.:
Page No.:
Book No.:
Series of 2019.