REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH 167
PASAY CITY

BENILDO B. GONZALES,
Plaintiff,

-versus- CIVIL CASE NO.M-PSY-22-04263-CV

For Annulment of Deed of Absolute Sale
dated May 30, 2022, TCT No. 003-
2022000390, Damages, and redemption

DR. MELGAR O. MATULAC and

ROWENA B. GONZALES,
Defendants,
x------------------------------------------x

MOTION FOR LEAVE OF COURT TO ADMIT

ATTACHED AMENDED COMPLAINT

COMES NOW, the undersigned counsel for the plaintiff, unto the
Honorable Court, most respectfully moves with leave to admit the attached
Amended Answer1:

1. The amendments embodied in the complaint will not cause delay

nor will it confer or correct any infirmities in the jurisdiction but rather to
correct the errors in the numerical arrangement of the paragraphs and to
include an alternative cause of action for redemption. Moreover, the
foregoing amendment is allowed and authorized by the 2019 rules:

“Section 3. Amendments by leave of

court. — Except as provided in the next preceding
Section, substantial amendments may be made
only upon leave of court. But such leave shall be
refused if it appears to the court that the motion
was made with intent to delay or confer
jurisdiction on the court, or the pleading stated no
cause of action from the beginning which could be
amended. Orders of the court upon the matters
provided in this Section shall be made upon

1
Copy of which is hereto attached as Annex “A”.
 motion filed in court, and after notice to the
adverse party, and an opportunity to be heard.”2

2. Considering that the amendments being introduced will not

transgress the aforementioned rule, the instant motion for leave to admit
attached amended complaint be admitted.

RELIEF

WHEREFORE, it is respectfully prayed of this Honorable Court that

the foregoing motion be granted.

Respectfully submitted. March 6, 2023

OLIVER I. SANTOS
Counsel for the Plaintiff
6 Floor, Parkview Plaza Building, T. M. Kalaw
th

corner Taft Avenue, Ermita, 1000 Manila

Roll of Attorneys No. 73417
IBP Receipt No. 179670 / 01-26-2022 / Manila IV
PTR No. MLA 0846202 / 1-04-2023 / Manila
MCLE Compliance No. – VII-0020319 / 06-02-22
E-Mail Address: atty.santos1519@gmail.com
Contact No. (02) 8241-5988 / 0918-959-2423

NOTICE OF HEARING

BRANCH CLERK OF COURT

Metc Branch 167
Pasay City

ATTY. CLAIRE ANNE GARGARITA-FACTAO

Unit F, Lennox Commercial Center,
Barangay Tagapo, Sta. Rosa, Laguna
gargaritalawoffice@gmail.com

Greetings:
2
Rule 10, A.M. No. 19-10-20-SC 2019
 Please take notice that the undersigned will submit his motion for
approval and consideration of the Honorable Court on March 9, 2023 at 1:30
in the afternoon.

OLIVER I. SANTOS

EXPLANATION

(Pursuant to Sections II and III, Rule 13 of

2019 Amendments to the 1997 Rules of Civil Procedure)

Electronic (PDF) copy of the foregoing Motion was sent to the

respective e-mail addresses of the Honorable Court and Atty. Claire Anne
Gargarita-Factao, while physical copies of the same were furnished to the
Honorable Court by personal service and to Atty. Factao by LBC Express,
personal service not being practical due to the distance between the office of
the undersigned counsel to the said addressees and in view of the inadequate
number of messengerial personnel of the office.

OLIVER I. SANTOS