REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
CITY OF MANILA
BRANCH 48

ANGELO NUNEZ ASPIRAS,

Petitioner,

-versus- CIVIL CASE NO. R-MNL-19-08906-CV

VIVIEN A. CARMEN - ASPIRAS,

Respondent.

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MOTION TO SET HEARING

THROUGH VIDEO CONFERENCE

PETITIONER, through the undersigned counsel most

respectfully avers as follows:

1. On 29 May 2020, Chief Justice Diosdado M. Peralta issued

Administrative Circular No. 41-2020 (Re: Court Operations
Beginning 1 June 2020) which states, among others, that the
hearings of cases, regardless of the stage of the trial, shall all be in-
court, except in cases involving Persons Deprived of Liberty (PDLs)
who shall continue to appear remotely from the detention facility,
and in cases with extraordinary circumstances as may be
determined by the justices and judges, which shall be heard
through videoconferencing.
2. Subsequently, the Supreme Court Public Information Office
released an Announcement dated 31 May 2020 in which it said that
courts in areas under general community quarantine may hold
hearings in criminal and civil cases through videoconferencing
provided that a proper motion is filed: “Videoconferencing hearings
will continue during GCQ. This is authorized by both AC 40-2020
and AC 41-2020 which was issued by Chief Justice Diosdado M.
Peralta. Hence, for example, if a party wishes his/her case to be
heard via videoconferencing, the proper motion just needs to be
filed, and the court, using its sound discretion, can either grant or
deny the motion. This remedy is available in both civil and
criminal cases.”
3. The instant case is set for the continuation of the
presentation of petitioner’s evidence. The registered Psychologist in
the name of Jennifer F. Ebio will testify as a witness, informed the
undersigned counsel that their house is equipped with PLDT Fiber
internet connection and that Jennifer F. Ebio expressed her
willingness to testify for the petitioner. For this purpose, the
invitation to participate in the hearing through video conference
may be sent to above-named witness through her e-mail address,
namely, tristanjean_28@yahoo.com. The resumption of the
proceedings in the instant case through video conference
is pragmatic as it will safeguard all the parties and their counsel as
well as the judge and the court staff against the risk of possible
COVID-19 infection.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed
that this motion be granted.
Other relief and remedies, just and equitable, are likewise
prayed for.
Quezon City for Manila City, September 06, 2021.

LAW OFFICE OF
EDUARDO C. VALLEJO
Room 206, ACRE Building, 137
Malakas St., Diliman, Quezon City
Mobile No. 0932-9126400
Email add: atty.eduardovallejo@gmail.com
 By:

EDUARDO C. VALLEJO
PTR No. 0782085/01.15/21/QC
IBP No. AR57845119/01.19.21/Q.C.
Attorney’s Roll No. 40342
MCLE Compliance No. VI-00009076

Copy Furnished:

Office of the Solicitor General

134 Amorsolo St., Legaspi Village,
Makati City

Office of the City Prosecutor

3rd Floor Hall of Justice
Manila City Hall

Vivien A. Carmen – Aspiras

Blk. 18 Lot 20 Pearl Street,
Merry Homes II-B, Novaliches,
Caloocan City

EXPLANATION

Service and filing of the foregoing Motion to Set Hearing for

Video Conference were made thru the facilities of a private licensed
courier (LBC) due to the distance of the addressees and time
constraint, and restrictions/limitations brought about by COVID-19
pandemic.

EDUARDO C. VALLEJO