Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT

Lamut-Kiangan-Tinoc-Asipulo
Lamut, Ifugao

HEIRS OF CARLOS M. CHUG-E HEREIN REPRESENTED CIVIL

CASE NO. 706
BY MS. JANICE D. CHUG-E
Plaintiff, FOR:

UNLAWFUL DETAINER
AND
DAMAGES WITH PRAYER
-versus- FOR A WRIT OF
PRELIMINARY
MR. BEN GUMAN INJUNCTION
AND/OR
Defendant. TEMPORARY RES-
TRAINING ORDER
X-------------------------------x

MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

COMES NOW the plaintiff through the undersigned counsel most

respectfully avers THAT:

1. A complaint was filed on June 21, 2018 in this Honorable Court

against defendant, Mr. Ben Guman and an answer of the defendant
was submitted to the Honorable Court on July 21, 2018;

2. The plaintiff, through the undersigned, after careful review of the

complaint, it was determined that there is a need to amend the
complaint already filed. The plaintiff in the case should be the
heirs of the deceased Carlos M. Chug-e represented by Ms. Janice
D. Chug-e by virtue of the Special Power of Attorney executed by
the other heirs.

3. The title of the case for ejectment should be for UNLAWFUL

DETAINER and not for Forcible Entry and the address of the
defendant be changed to his present residence at Bimmangon
Quirino, Cordon, Isabela as he is now residing therein;

4. Under the Rules of Court, Rule 10, pleadings may be amended by

adding or striking out an allegation or the name of any party,
or by correcting a mistake in the name of a party or a mistaken

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 or inadequate allegation or description in any other respect, so
that the actual merits of the controversy may speedily be
determined, without regard to technicalities, and in the most
expeditious and inexpensive manner;

5. The plaintiff seeks leave to amend her complaint so that the actual
merits of the case may speedily be determined in the most
expeditious and inexpensive manner;

6. The amendments were properly underlined in the attached

Amended Complaint to give emphasis;

7. There is no prejudice caused to the defendant as there is no change

or addition of the cause of action in the complaint;

8. The instant Motion is not intended to delay the proceedings of this

case but solely on the ground stated above.

WHEREFORE, in order that the real matter in dispute and all

matters in this action may be completely determined, it is respectfully
prayed that the attached AMENDED COMPLAINT be admitted.

Other reliefs just and equitable under the premise are likewise prayed
for.

Lagawe for Lamut, Ifugao this 7th day of September 2018.

ATTY. PRESLEY JOHN L.

NAMINGIT
Counsel for Plaintiff
Lagawe, Ifugao
Roll No. 69260 – May 31, 2017
IBP Receipt No. 1065396 – 1-9-2018
PTR No. 1008786 – 1-15-2018
MCLE Compliance –Exempt (New
Lawyer)

NOTICE OF HEARING

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The Clerk of Court
Municipal Circuit Trial Court
Lamut, Ifugao

Greetings!

Please submit the foregoing Motion For Leave To File Amended

Complaint for the kind consideration of the Honorable Court on October
10, 2018 sans appearance.

Thank you.

PRESLEY JOHN L. NAMINGIT

NOTICE OF HEARING

ATTY. HOWARD B. FABRO

Counsel for Defendant
23 Burgos St., Bayombong, Nueva Vizcaya

Greetings!

Please take note that I will be submitting the foregoing motion for
the kind consideration of the Honorable Court on October 10, 2018 sans
appearance.

Thank you.

PRESLEY JOHN L. NAMINGIT

EXPLANATION

A copy of the Motion was sent through registered mail due to

distance and lack of personnel to deliver the same. Thank you.

PRESLEY JOHN L. NAMINGIT

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