Republic of the Philippines)

City of Manila.)s.c
xxxxxxxxxxxxxxxxxxxxxx)
COMMENT AND OPPOSITION
TO THE MOTION AND MANIFESTATION
FILED BY THE COMPLAINANTS COUNSEL
AND THE ACCOMPANYING REPLY SUBMITTED BY THE COMPLAINANT
I, DR. CECILIA B. MORALES, of legal age, Filipino, married, with residence and
postal address at Block 9, Lot 8, Remedios Street, Remerco Subdivision, Pinamalayan,
Oriental Mindoro, under oath depose and state:
That I am the respondent in the Criminal Complaint filed by the Municipal Mayor
of Pinamalayan, Oriental Mindoro, Hon. WILFREDO L. HERNANDEZ SR., before the
Office of the Prosecutor of Manila, docketed as I.S. NO. XV-07-INV-15H-04410, FOR:
ILLEGAL PRACTICE OF MEDICINE;
That complainant filed through counsel a MOTION AND MANIFESTATION dated
November 24, 2015, supported with the accompanying REPLY dated November 23,
2015, praying that the same be ADMITTED on the records;
That it respectfully submitted, that the MOTION AND MANIFESTATION is bereft
of any documentary evidence establishing the fact that indeed the complainant will
UNDERGO A SCHEDULED TONGUE OPERATION on the clarifacatory hearing of this
case on November 25, 2015;
That the opportune time to submit such documentary evidence would have been
on the very date as the pleadings were submitted. A submission thereafter comes a
belated and curative;
That on the REPLY, it must be stressed and emphasized, that the personal
knowledge of the complainants allegations arose from, transcended , or emanated
from the DECISION OF THE REGIONAL OFFICE NO. IV OF THE CIVIL SERVICE
COMMISSION, WHICH HAS A PENDING PETITION FOR REVIEW IN THE CIVIL
SERVICE COMMISSION PROPER;
That for an orderly and prudent dispensation and disposition of justice, it would
be best, as the same is very respectfully submitted, that the resolution of the
Administrative Case be resolved first;
That the Administrative Case now pending sits squarely on the principles of
EXHAUSTION OF ADMINISTRATIVE REMEDIES AND PRIMARY JURISDICTION;
That the criminal indictment of the respondent at this point in time, would
eventually be jumping the gun on the Civil Service Commission Proper;
PREMISES CONSIDERED, it is most respectfully prayed for from the Honorable
Attending Prosecutor that the instant criminal complaint BE DISMISSED;
Respondent prays for other relief and remedy just and equitable under the
premises.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this
of February, 2016 at the Office of the City Prosecutor of Manila, Philippines.

CECILIA B. MORALES
RESPONDENT

day

SUBSCRIBED AND SWORN to before me this day of February 2016, I having

personally examined under oath, the respondent.

Prosecutor
COPY FURNISHED: BY WAY OF LBC COURIER SERVICE
WILFREDO L. HERNANDEZ SR.
ZONE III, LEUTERIO DRIVE
PINAMALAYAN, ORIENTAL MINDORO

ATTY. REX RAYNALDO C. SANDOVAL

COUNSEL FOR THE COMPLAINANT
110 VA RUFINO STREET, LEGASPI VILLAGE
MAKATI CITY