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REPUBLIC OF THE PHILIPPINES

SUPREME COURT
MANILA

RICARDO D. GANTE,
Petitioner,

G.R. No. ___________


-versus- (CA-G.R. CR No. 39953)

PEOPLE OF THE
PHILIPPINES,
Respondents.
x----------------------------------x

MOTION FOR EXTENSION OF TIME TO FILE


PETITION FOR REVIEW ON CERTIORARI

Petitioner, RICARDO D. GANTE, through the undersigned


counsel, to this Honorable Court, most respectfully states:

1. On 12 March 2019, the petitioner, through counsel,


received the Court of Appeals’ Decision dated 28 February
2019 in the case entitled “Ricardo D. Gante v. People of the Ph”
docketed as CA-G.R. CR No. 39953, which denied the
petitioner’s appeal.

2. Within the reglementary period, the petitioner filed a


Motion for Reconsideration assailing the aforementioned
Decision.

3. On 25 November 2019, the petitioner, through the


undersigned, received a copy of the Resolution dated 14
November 2019 rendered by the Court of Appeals in the above-
captioned case which denied his Motion for Reconsideration.

4. Pursuant to Section 2, Rule 45 of the Rules of


Court, an appeal may be taken by filing a Petition for Review
on Certiorari within fifteen (15) days from notice of the decision
or final judgment, or resolution denying the motion for
reconsideration. Hence, the petitioner has fifteen (15) days
from receipt of the copy of the Resolution, or until 10
December 2019 within which to file a Petition for Review on
Certiorari.
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5. A draft of the Petition for Review on Certiorari is
currently being prepared. However, due to the continuing
heavy pressure of other equally urgent professional work and
prior commitments, the undersigned counsel will need more
time to draft, revise, finalize, and file the Petition for Review on
Certiorari.

6. In view thereof, pursuant to Section 2, Rule 45 of


the Rules of Court, the petitioner is constrained to request for
an additional period of thirty (30) days from 10 December
2019, or until 09 January 2020 within which to revise,
finalize, and file the Petition for Review on Certiorari.

7. Pursuant to Section 16-D of R.A. No. 9406, 1 the


petitioner is exempted from the payment of docket and other
fees incidental to instituting an action in court and other
quasi-judicial bodies, as an original proceeding or on appeal.

8. This Motion is prompted solely and is not intended


to delay the proceedings in the above-captioned case.

PRAYER

WHEREFORE, the petitioner most respectfully prays that


he be given an additional period of thirty (30) days from 10
December 2019 or until 09 January 2020, within which to file
his Petition for Review on Certiorari.

Quezon City for the City of Manila,


10 December 2019.

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Special and Appealed Cases Service
th
5 Floor, DOJ Agencies Bldg., NIA Road
corner East Avenue
Diliman 1104, Quezon City
Tel Nos. 9289137/9299436 loc. 111

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Section 16-D of R.A. No. 9406 reads:

“SEC. 16-D. Exemption from Fees and Costs of the Suit. –


The clients of the PAO shall be exempt from payment of docket
and other fees incidental to instituting an action in court and
other quasi-judicial bodies, as an original proceeding or on
appeal.”

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By:

PERSIDA V. RUEDA-ACOSTA
Chief Public Attorney
Roll No. 36327
IBP Life Member Roll No. 07234; 01-24-08
MCLE Compliance No. VI-0006481; 20 February 2018

FLORDELIZA G. MERELOS
Public Attorney IV
Roll No. 53873
IBP Lifetime Member No. 09510/01-06-11
MCLE Compliance No. VI-0006254/02 February 2018

NAZARIO C. BANCORO, JR.


Public Attorney IV
Attorney’s Roll No. 50118
IBP Lifetime Member No. 05384/12 April 2005/Pasig City
MCLE Compliance No. VI-0006201/05 February 2018

TERRY JOY P. BARBOZA-JALECO


Public Attorney III
Roll No. 53728
IBP Lifetime No. 010026; 5-11-2011
MCLE Compliance No. VI-0006218; 02-01-18

and

ANDREI MARION B. BLANCIA


Public Attorney II
Roll No. 62277
IBP No. 061365; 08 January 2019; Quezon City
MCLE Compliance No. VI-0006222; 02-01-18

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VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, ANDREI MARION B. BLANCIA, Public Attorney II, and


an employee of the Special and Appealed Cases Service (SACS)
of the Public Attorney’s Office (PAO), 5 th Floor, DOJ-Agencies
Bldg., NIA Road corner East Avenue, Diliman, Quezon City,
after having been duly sworn in accordance with law, depose
and state:

1. I am the counsel of the petitioner in the above-entitled


case;

2. I have caused the preparation of the foregoing Motion for


Extension of Time to file Petition for Review on Certiorari
at the instance of the petitioner and I have read the same
and the contents thereof are true and correct based on
my personal knowledge and/or authentic documents;

3. I hereby certify that to the best of my knowledge: (a) the


petitioner has not commenced any other action or
proceeding involving the same issues thereto with this
Honorable Court, the Court of Appeals, or any other
tribunal or agency, (b) to the best of his knowledge, no
such action or proceeding involving the same issues is
pending before this Honorable Court, the Court of
Appeals, or any of the divisions thereof, or any tribunal
or agency; (c) if there is an action or proceeding involving
the same issues which is pending before this Honorable
Court, the Court of Appeals, or any other tribunal or
agency, he will state of the status thereof; and (d) should
he learn hereafter that a similar action or proceeding
involving the same issues is filed or is pending before this
Honorable Court, the Court of Appeals, or any other
tribunal or agency, he will report the fact within five (5)
days therefrom to this Honorable Court, and to the Court
to where the action or proceeding is pending.

IN WITNESS WHEREOF, I have hereunto set my hand


this 10th day of December 2019.

ANDREI MARION B. BLANCIA


Affiant

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SUBSCRIBED AND SWORN to before me this 10th day of
December 2019 in Quezon City, personally appeared the
affiant, ANDREI MARION B. BLANCIA, exhibiting to me his
Driver’s License Identification Card with No. N02-03-005848,
bearing his photograph and signature, valid until 02
December 2022.

MARLOWE DOMS R. TAJON


Public Attorney III
(Pursuant to R.A. No. 9406)

EXPLANATION
(Pursuant to Section 11,
Rule 13 of the 1997 New Rules of Civil Procedure)

The foregoing Motion for Extension is being served and


filed by registered mail, personal service not being practicable
due the distance and the lack of messengers in the
undersigned’s office and inclement weather.

ANDREI MARION B. BLANCIA

Copy furnished:

OFFICE OF THE SOLICITOR


GENERAL
Counsel for the Respondent Reg. Receipt No. _______
134 Amorsolo St., Legaspi
Village, 1229 Makati City Date: __/__/19

COURT OF APPEALS – Reg. Receipt No. _______


CA-G.R CR No. 39953
Ma. Orosa St., Ermita, 1000 Date: __/__/19
Manila City

HON. PRESIDING JUDGE Reg. Receipt No. _______


Regional Trial Court – Branch
95, Quezon City Hall, Diliman, Date: __/__/19
1100 Quezon City

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