Republic of the Philippines

REGIONAL TRIAL COURT

xx Judicial Region
xx City

Branch xx

xx,
Petitioner,

- versus - CIVIL CASE No. xx

xx.,
Respondent.

x----------------------------------------------x

EX PARTE MOTION TO SET HEARING

(Re: APPLICATION FOR SUPPORT
PENDENTE LITE

I, xx, after being duly sworn to in accordance with law,

hereby depose and state:

1. On xx, Petitioner filed an application for support

pendente lite under Rule 61 of the Rules of Court citing her
denial of access to the conjugal funds and her total cut off
from the corporations she co-owned with her husband.

2. Under Section 2, Rule 61 of the Rules of Court,

the adverse party shall have five (5) days to comment on the
application unless a different period is fixed by the court upon
his motion. Under Section 3 of the same Rule 61, this
Honorable Court is mandated to set the hearing not more
than three (3) days after the comment is filed or after the
expiration of the period to file the comment has lapsed.
 Page 2 of 3

3. The Application was filed and served on the respondent

on xxx and the period to file comment on the application has
already lapsed by this time without respondent filing his comment.
Thus, the Honorable Court is duty-bound to set the hearing on the
application for support where petitioner herself will testify to support
her claim.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable

Court that:

1. Pending the Preliminary conference/Pre-trial

Conference set in xxx, the Honorable Court IMMEDIATELY SET
the hearing on the pending application for support filed by
Petitioner preferably xxx;

2. After due hearing, Respondent be directed to provide

monthly support to Petitioner in the amount not less xxx payable
every first week of the month.

Other reliefs, just and equitable under the premises, are

likewise prayed for.

xx for xx City, xxx.

XX
COUNSEL FOR THE PETITIONER/APPLICANT
xxxx

xx
PTR No. xx
IBP No. xx
Roll No. xxx
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MCLE xx

Notice of Hearing

Clerk of Court
RTC branch 29
Surigao City

xxx
xx
xx

Pursuant to Section 3, Rule 61 of the Rules of Court,

kindly set the hearing on the foregoing Application for Support
Pendente Lite on xxx in the morning or soon thereafter as this
Honorable Court’s calendar would permit.