Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 29
Toledo City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - Crim. Case No. TCS-13645

For: Child Abuse in relation
to R.A. 7610

DINDO HORTELANO,
Accused.
X---------------------------------------------------------------------------------X

URGENT MOTION FOR RESETTING/CANCELLATION OF

HEARING SCHEDULED ON 19 AUGUST 2021

PRIVATE COMPLAINANT, through counsel, unto this Most

Honorable Court, most respectfully avers, AS FOLLOWS:

1. That the above-mentioned case is set for the presentation of

private complainant’s first witness on 19 August 2021 at 8:30
o’clock in the morning;

2. That the undersigned intends to present Marites Rosario, the

mother of the private complainant-child, on said date;

3. However, just this morning, when the undersigned informed

the witness on the scheduled hearing for tomorrow, supposed
witness, Marites Rosario, informed the undersigned that she is
experiencing high fever since last Monday;

4. With the current spike in COVID-19 cases, especially with

the spread of the more contagious delta variant, the
undersigned is constrained to request for the cancellation of the
hearing scheduled for tomorrow. The undersigned, who is with
an existing comorbidity, is currently residing at Mandaue City,
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 with her elderly parents, who likewise have existing
comorbidities;

5. In as much as the undersigned would like to further the

proceedings, she does not wish to subject this Honorable Court,
its staff, the other attendees, accused and his counsel, including
herself to the risk of possible positive case. At present, witness
is staying at home in Balamban and is closely observing her
situation. The cases in said municipality are likewise rising
according to reports;

6. The undersigned, in the alternate, plans to present another

witness, the private complainant-minor, but the latter is living
with his mother, witness Marites Rosario. Private complainant-
minor must also stay at home considering that he is a close
contact of his mother;

7. The undersigned and the intended witness would want to

prevent exposing this Honorable Court and its staff to exposure
from an individual who is currently ill. In the same manner, the
undersigned and the witness would want to prevent being
exposed to numerous people when they would return to
households comprised of elderly with comorbidities and
children, respectively;

8. In view of the foregoing, the private complainant and the

undersigned respectfully pray that the scheduled hearing on 19
August 2021 at 8:30 o’clock in the morning be cancelled/reset
and moved to another date;

9. The undersigned seeks the understanding of this Honorable

Court and respectfully asks that the request prayed for be
granted;

12. Finally, this instant motion is meritorious, filed in utmost

good faith and without the slightest intention to deliberately
delay the proceedings in this case.

PRAYER

WHEREFORE, in light of the foregoing and in the highest

interest of justice and equity, it is most respectfully prayed of this

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Honorable Court that the scheduled presentation of private
complainant’s first witness on 19 August 2021 at 8:30 o’clock in
the morning be CANCELLED/RESET.

Other relief, just and equitable under the premises, are likewise
prayed for.

18 August 2021 (for Toledo City).

NEUMERAN JAYMA & ASSOCIATES

Counsel for the Private Complainant
Suite 312-A, WDC Bldg., Osmeña Blvd., Cebu City

TIFFANY L. TUÑACAO
Attorney’s Roll No. 65185
IBP No. AR7736444, 01/12/2021 Cebu City
PTR No. 695997, 01/12/2021 Cebu Province
MCLE Compliance Certificate No. VI-0014455, 19 October 2018
Cellphone Number: (63) 998-5571-854
Email addresses: i_am_tiffany22@yahoo.com
attytiffanytunacao@gmail.com

REQUEST FOR/NOTICE OF HEARING

THE BRANCH CLERK OF COURT- RTC Branch 29, Toledo City, Cebu
ATTY. JOHN ISMAEL BORGNIA
HONORABLE PUBLIC PROSECUTOR

Please submit the foregoing motion immediately upon receipt thereof for
consideration and approval by the Honorable Court on 18 August 2021 without
further arguments and appearance of counsel. Thank you.

Tiffany L. Tuñacao

COPY FURNISHED AND EXPLANATION:

Honorable Public Prosecutor

Emailed on: 18 August 2021

Atty. John Ismael Borgonia - Counsel for the Accused

Emailed on: 18 August 2021

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Copies of this Motion was emailed to the above-mentioned parties due to time
constraints and lack of personnel to conduct personal service.

Tiffany L. Tuñacao

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