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REPUBLIC OF THE PHILIPPINES

SUPREME COURT
MANILA

ASUS TECHNOLOGY
PHILIPPINES, INC.,
Petitioner,

-versus-
G.R. No. __________________
(CA- G.R. SP. No. 156547)
HON. PHOEVE C. MEER in her
capacity as Acting Presiding Judge
of Branch 142 of the Regional Trial
Court of Makati City and
GEENGER COMMUNICATIONS,
INC.,
Respondents.
x---------------------------------------------x

MOTION FOR LEAVE OF COURT TO


ADMIT ATTACHED COMMENT/OPPOSITION
(To The Motion For Extension of Time To File
Petition For Review on Certiorari)

Private Respondent GEENGER COMMUNICATIONS, INC.


(“Respondent), by the undersigned counsel, and before this
Honorable Office, most respectfully states that –

1. On 30 July 2019_____________, Private Respondent’s


counsel received a copy of Petitioner’s Motion For Extension of Time
To File Petition For Review on Certiorari dated 24 July
2019____________.

2. Private Respondent, thru the undersigned counsel, seeks


to file the attached a Comment/ Opposition with respect to the said
motion on the ground that:

2.1 The Said said motion is only a delaying tactic resorted


to by the Petitioner in order to prolong if not prevent the
payment of their obligation which is already due;
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2.2 Petitioner has been dealing Private Respondent in bad


faith and has been abusing the available remedies under the
Rules of Court and the court Court’s processes by filing
numerous motions and petitions intended to delay the
proceedings further.

3. The Rules of Court is silent whether or not a Comment


and/or Opposition to such motion is allowed. The pertinent
provision of the Rules of Court under Rule 45 states that:

“Section 2. Time for filing; extension. — The petition shall


be filed within fifteen (15) days from notice of the
judgment or final order or resolution appealed from, or of
the denial of the petitioner's motion for new trial or
reconsideration filed in due time after notice of the
judgment. On motion duly filed and served, with full
payment of the docket and other lawful fees and the
deposit for costs before the expiration of the
reglementary period, the Supreme Court may for
justifiable reasons grant an extension of thirty (30) days
only within which to file the petition.” (emphasis
supplied)

4. The undersigned respectfully interposed Section 3 of the


Rules of Court which provides that these shall be liberally construed
in order to promote their objective of securing a just, speedy and
inexpensive disposition of every action and proceeding.

5. In view of the foregoing, accordance with the liberal


construction of the Rules of Court, the undersigned is respectfully
requesting for leave of Honorable Court is respectfully requested to
admit the attached said Comment/Opposition (To Motion For
Extension of Time To File Petition For Review on Certiorari).
Admission of the attached Comment/Opposition will ensure the
speedy disposition of case; will will prevent Petitioner from further
abusing the court’s processes; and will help the Court declog its
docket.

6. In view of the foregoing and with the kind indulgence of


this Honorable Court and for the interest of justice, the Respondent
respectfully request that a leave of court to admit the attached
Comment/ Opposition (To The Motion For Extension of Time To File
Petition For Review on Certiorari) be granted.

PRAYER
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WHEREFORE, premises considered and for the interest of


justice and fair play, it is most respectfully prayed that this
Honorable Office admits that attached Comment/ Opposistion (To
The Motion For Extension of Time To File Petition For Review on
Certiorari) and to subsequently deny the Motion for Extension of
Time filed by the Petitioner.

Other reliefs just and equitable under the premises are likewise
prayed for.

Pasig City for City of Manila, __ September 2019.

ABES MALONG and ASSOCIATES


Counsel for Private Respondent
Unit 2302, Antel Global Corporate Center
Doña Julia Vargas Ave., Ortigas Center, Pasig City
Tel. No. 730-2416 / 994-8888 / 716-9700

By:

JORGE AMBROSIO P. ABES


PTR No. 5236605, 01/04/19, Pasig City
IBP Lifetime Member No. 09456, Makati Chapter
Roll of Attorney’s No. 44747
MCLE Compliance No. VI – 0020456, 3/18/2019

VICTORIA P. PANGANIBAN
PTR No. 5209199, 01/03/19, Pasig City
IBP Lifetime Member No.12209, Iloilo Chapter
Roll of Attorney’s No. 62512
MCLE Compliance No. VI – 0020556, 3/18/2019

GERALD BOWE M. RESUELLO


PTR No. 5479431, 06/24/19, Pasig City
IBP No. 087181 06/18/19, Batangas Chapter
Roll of Attorney’s No. 73153
MCLE Exempt pursuant to MCLE Gov. Board
Resolution 01-2008
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COPY FURNISHED AND NOTICE OF HEARING:

SUPREME COURT
Padre Faura St., Ermita, Manila

J. CARLITO M. MONTENEGRO
Counsel for Petitioner ASUS
AGAN MONTENEGRO MALASAGA & CO.
7th Floor, Electra House Building,
115-117 Esteban St., Legaspi Village,
Makati City, 1229

Greetings:

Please submit the foregoing MOTION FOR LEAVE OF COURT


TO ADMIT ATTACHED COMMENT/OPPOSITION (To The Motion
For Extension of Time To File Petition For Review on Certiorari)
dated __ September 2019 for the approval of this Honorable Court
immediately upon receipt hereof, or at any time convenient to the
Court’s calendar, without further arguments from the movant.

GERALD BOWE M. RESUELLO

EXPLANATION ON SERVICE AND FILING


BY REGISTERED MAIL

Private Respondent, by counsel, in compliance with Section 11, Rule


13 of the 1997 Rules of Civil Procedure of the Rules of Court,
respectfully states that due to distance and time constraints to effect
personal service, original duplicates of this MOTION FOR LEAVE
OF COURT TO ADMIT ATTACHED COMMENT/OPPOSITION (To
The Motion For Extension of Time To File Petition For Review on
Certiorari) dated __ September 2019Motion For Extension of Time To
File Petition For Review on Certiorari) dated __ August 2019, were
filed with the Honorable Court by registered mail. Likewise, original
duplicates of the aforesaid pleading were served by registered mail
upon the other party pursuant to Section 7, Rule 13 of the said Rules.

GERALD BOWE M. RESUELLOVICTORIA P. PANGANIBAN