Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 275
Las Pinas City

PEOPLE OF THE PHILIPPINES,

Petitioner,

- versus - Civil Case No. 94-467

FOR: QUIETING OF TITLE

COMMERCIAL HOUSE
OF FINANCE,INC., ET.AL.
Respondents

X--------------------- x

MOTION FOR RECONSIDERATION

WITH MANIFESTATION
COMES NOW, the Defendant, through the undersigned counsel
and unto this Honorable Court, most avers THAT:

1) On March 19, 2008, the undersigned counsel received a

copy of the Order of the Honorable Court dated March 14, 2008
denying the Motion to Lift Order of Default of Respondent
ANTONIO V. REYES , herein represented by his wife ELISA REYES;

2) In the Order of the Honorable Court, the Court ruled that

respondent has shown no convincing reason of his failure to file
answer or the belated filing of the subject Motion after almost
fourteen (14) years except to invoke the liberality of the rules of
court. In addition thereto, the Honorable Court ruled that if the
wife of Mr. Reyes was able to attend the hearing on October 22,
2007 with the company of her niece , the more reason she could
have done it in the past as she was more or less thirteen (13) years
younger that time;

3) With all due respect to the Honorable Court, the court have
overlooked other matters herein respondent stated in her Motion
To Lift Order of Default;

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4) As manifested in the Motion to Lift order of Default,
respondent ANTONIO V. REYES has already been out of the
country and has been living in the United States since 1980;

5) It is noteworthy to state that respondent ANTONIO V.

REYES left the country even before the instant case was filed.
The instant case was originally filed at the Regional Trial
Court of Makati City on February 7, 1994;

6) ELIZA F. REYES was not yet aware of the instant case.

With all due respect to the Honorable Court , it is not correct
to say that ELISA F. REYES failed to make any action for
almost fourteen (14);

7) ELISA F. REYES only came to know of the instant case

recently;

8) Also, with all due respect, the Court assumed that ELIZA
REYES have more reason to attend her previous hearings as she
was more or less thirteen (13) years younger that time. This is on
the premise that she was already aware of the instant case;

9) We would like to manifest that MRS. ELIZA F. REYES went

to the Court on OCTOBER 2007 after receiving a letter from
the plaintiff informing her that plaintiff was willing to settle
the case amicably;
In view thereof, Mrs. ELIZA V. REYES attended the
October 2007 without hiring any lawyer hoping that the case
be settled amicably.
After hearing the statement of niece of ELIZA REYES
that they were willing to settle the case amicably, the
Honorable Judge required the respondent to engage service of
a lawyer in view of the fact that herein respondent was
declared in default;
10) Up to this date, respondent still reiterates her
willingness to settle the case amicably ;

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 11) Thus, in the higher interest of justice , the indulgence of this
Honorable Court is begged and it is most respectfully prayed that
the Court’s Order dated August 12,1994 declaring the defendant in
default and setting the case for presentation of evidence ex-parte
be set aside;
12) It is noteworthy to state that:
“Liberality is the rule in considering a motion for
reconsideration.(Del Rosario vs. Hamoy, 151 SCRA 719 , 722 , June
30, 1987; Tejero vs. Rosete, 137 SCRA 69 , 74-75 , June 19,1985; Flores
vs. Buencamino, 74 SCRA 332 , 335-337 , December 17,1976).
It is best for the trial court to give both the
plaintiff and the defendant a chance to litigate their causes
fairly and openly , without resort to technicality. (Zenith
Insurance Corp. vs. Judge Purisima, 199 Phil. 291, 294, May 31,1982;
Pineda vs. CA , 67 Phil. 228, 234-235 , September 30,1975) .

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that the Order denying the Motion to Lift Order of
Default be reconsidered and set aside;
Other relief and remedies as may be deemed just and equitable under
the premises are likewise prayed for.
Las Piñas City, Metro-Manila.
3 April 2008

DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Las Piñas City District Office
3rd Floor, Hall of Justice
Las Piñas City, Metro Manila

ERIC P. FUENTES
Public Attorney II

NOTICE OF HEARING AND COPY FURNISHED

The Branch Clerk of Court

RTC- Branch 275
Las Piñas City

ATTY. DINO VIVENCIO A.A. TAMAYO

POBLADOR BAUTISTA & REYES
Counsel for AYALA LAND, INC
5TH FLOOR SEDCCO BLDG.
130 RADA CORNER LEGASPI STREETS
LEGASPI VILLAGE , MAKATI CITY

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Greetings!

Kindly submit the foregoing motion to the Honorable Court for its
consideration and approval on April 11, 2008 at 2:00 in the afternoon.

ATTY. ERIC P. FUENTES

EXPLANATION OF SERVICE

Copy of the Motion was served to the counsel for the plaintiff by
registered mail due to time and distance constraints , and for lack of the
undersigned’s staff who can serve the same in person.

ATTY. ERIC P. FUENTES