LEGAL FORMS SET NO.

Notice of Appeal and

Motion for Reconsideration of a Judgment

Submitted to:
Atty. Jose Glenn Capanas

Submitted by:
Ramirez, Conrad Lark
Rivera, Dannah Karoline

EH 401

March 21, 2020

 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
_______ JUDICIAL REGION
BRANCH ___
Cebu City

SPOUSES _________ and ___________,

Plaintiffs,

-versus- CIVIL CASE NO. ___

For: Nullification of
Contract and Title, and
Reconveyance of
Property with
Damages

SPOUSES____________ and _____________,

Defendants,
x--------------------------------------------------------------------x

MOTION FOR RECONSIDERATION

(on the Order of the Honorable Court dated ___________)

Plaintiffs, through counsel, most respectfully move for the kind

consideration of this Honorable Court, to lift and set aside its Order
dated ___________.

On ___________, plaintiffs received a copy of the order dated

___________, dismissing the case for failure of the Plaintiffs and
their counsel to appear the scheduled Pre Trial Conference despite
notice.

The case was set for pre-trial conference on _____________.

On the same date, however, counsel for the plaintiff was adhered for
an equally important matter wherein another client was being held
purportedly for violation of a Temporary Restraining Order which
required a more immediate attention making it impossible for the
counsel to attend the Pre trial Conference in this case. Further, due to
lack of manpower, counsel was not able to send a messenger to
explain to the Honorable Court his absence. In addition, the plaintiffs
who were waiting for the counsel, at their meeting place before
proceeding to the court failed to attend, because this representation
was not able to arrive on time and that the plaintiffs did not know
what to do.

Such incident led to the dismissal of the case, hence, this

Motion for Reconsideration.

The failure of the plaintiffs and their counsel to appear during

the pre-trial conference was merely due to the above-mentioned
reasons and was not done intentionally so as to cause delay and
inconvenience on the part of the Honorable Court and the defendants
in this case.

Regretfully, Plaintiffs beg the forgiveness of the Honorable Court and

undertake to avoid a repetition of the same act.

While Rule 18, Section 4 of the Revised Rules of Court provides:

“It shall be the duty of the parties and

their counsel to appear at the pre-trial. The
non-appearance of a party may be excused
only if a valid cause is shown therefore or if a
representative shall appear in his behalf fully
authorized in writing to enter into an amicable
settlement, to submit to alternative modes of
dispute resolution, and to enter into
stipulations or admissions of facts and of
documents.”

with due respect, this representation seeks relief from Rule 1, Section
6 of the same rules which provides that these rules should be liberally
construed in order to protect the substantive rights of the parties.
It can be noted that in G.R. No. 166104, June 26, 2008 entitled
“RN DEVELOPMENT CORPORATION, Petitioner, vs. A.I.I.
SYSTEM, INC., Respondent.” the Supreme Court Ruled:

xxx. In Marahay v. Melicor, we said -

While a court can dismiss a case on the

ground of non prosequitur, the real test of
 such power is whether, under the
circumstances, plaintiff is chargeable with
want of due diligence in failing to proceed
with reasonable promptitude. In the absence
of a pattern or a scheme to delay the
disposition of the case or a wanton failure to
observe the mandatory requirement of the
rules on the part of the plaintiff, as in the case
at bar, courts should decide to dispense rather
than wield their authority to dismiss.

Indeed, the dismissal of a case whether for

failure to appear during trial or prosecute an
action for an unreasonable length of time rests
on the sound discretion of the trial court. But
this discretion must not be abused, nay
gravely abused, and must be exercised
soundly. Deferment of proceedings may
be tolerated so that cases may be
adjudged only after a full and free
presentation of all the evidence by both
parties. The propriety of dismissing a
case must be determined by the
circumstances surrounding each
particular case. There must be
sufficient reason to justify the dismissal
of a complaint. xxx

In the light of the foregoing, plaintiffs humbly beseech the

indulgence of this Honorable Court to lift and set aside its Order
dismissing the case and set the case for further proceedings.

Other reliefs just and equitable are likewise being prayed for.

__________ City. ______________.

Atty. Covid Bryant

Counsel for the Plaintiffs
Roll no.: ________________
PTR No.: ________________
IBP OR No.:______________
MCLE Comp.:______________
Date: ________________
 Office Address: ____________________
Notice of hearing

Please take notice that the foregoing motion for reconsideration

is being filed for the consideration and approval of the Honorable
Court on ___________ at __________ in the morning or any
other date soon after in the convenience of the Court calendar.

Atty. ___________________

Copy furnished by personal service to:

Atty. ______________________
Counsel for the defendants

Spouses ________ and __________

Defendants

In the light of the foregoing, plaintiffs humbly beseech the

indulgence of this Honorable Court to lift and set aside its Order
dismissing the case and set the case for further proceedings.

Other reliefs just and equitable are likewise being prayed for.

____________ City. _______________.

Atty. Covid Bryant

Counsel for the Plaintiffs
Roll no.: ________________
PTR No.: ________________
IBP OR No.:______________
MCLE Comp.:______________
Date: ________________
Office Address: ____________________
 Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
BRANCH XX
Cebu City

SPS. __________ &

____________,
CIVIL CASE No. ________
Plaintiffs, for:

-versus- NULLIFICATION OF
CONTRACT AND TITLE,
SPS. __________ & AND RECONVEYANCE OF
____________, PROPERTY WITH
Defen DAMAGES
dants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

NOTICE OF APPEAL

PLAINTIFFS, by counsel, hereby files a Notice of Appeal

from the ORDER of the Honorable Court dated ___________ to
the Honorable Court of Appeals, Cebu City, the said ORDER
not being in accord with evidence adduced and jurisprudence
applicable, a copy of which was received by the undersigned on
_____________, which was the subject of a Motion for
Reconsideration, which was denied by this Honorable Court in its
FINAL ORDER dated ____________, a copy of which was
received by the undersigned on ____________, and still within the
reglementary period.

Payment in the amount of FOUR THOUSAND FORTY

(P4,040.00) to cover the Appellate Court’s docket and other lawful
fees, evidenced by Official Receipt Nos. _____________ issued on
______________.
 Cebu City, Philippines. March 20, 2020.

Atty. Covid Bryant

Counsel for the Plaintiffs
Roll of Attorneys No. XXX
IBP No. XXX XX/XX/XXXX Cebu City
PTR No. XXX XX/XX/XXXX Cebu City
MCLE Compliance No. XXX XX/XX/XXXX Cebu City
Office Address: ___________________

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that copy of the foregoing Notice of

Appeal has been served upon Atty. Vico Sotto, Counsel for the
defendants, by personal service as indicated hereunder.

Atty. Covyd Bryant

RECEIVED BY PERSONAL SERVICE:

Signature: ______________
Name: ________________
Date: _________________