Republic of the Philippines

Commission on Elections
Manila

LAW DEPARTMENT

COMMISSION ON ELECTIONS E.O. Case No. 17-245

Represented by the CAMPAIGN For: Violation of Sec. 100 in
FINANCE UNIT, rel. to Sec. 262 of the
Complainant, Omnibus Election Code
(OVERSPENDING)
- versus -

GRACE SEROFIA SILVA,

Respondent.
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MOTION FOR EXTENSION OF TIME

TO FILE COUNTER-AFFIDAVIT AND
RESETTING OF HEARING

COMES NOW, RESPONDENT, through the undersigned counsel

and unto this Honorable Office, most respectfully states that:

1. A SUBPOENA TO THE RESPONDENT dated 17 February

2020 requiring the latter to submit her Counter-Affidavit and other
supporting documents or affidavits and to appear for hearing was issued by
this Honorable Office;

2. However, a copy of which was only received by the Respondent

last 29 May 2020, which is fourteen (14) days past the required date to
submit the Counter-Affidavit and other supporting documents and appear
before your Honorable Office;

3. Due to the foregoing, Respondent, through the undersigned

counsel and unto this Honorable Office, respectfully moves that she may be
given an additional period of thirty (30) days, or until 29 June 2020, to file
her respective Counter-Affidavit together with all the supporting
documents in order for her to intelligently submit a Counter-Affidavit and
have sufficient time to gather countervailing evidence that are appurtenant
to her case;

4. Furthermore, Respondent, through the undersigned counsel and

unto this Honorable Office, respectfully moves that the scheduled date for
hearing be reset on a later date and time to be set by the Honorable Office
given the present health crisis that our country is facing because of the
Covid-19 pandemic. The Respondent is residing in Brgy. Sinolon, T’boli,
South Cotabato, Region XII, and that domestic flights going to Manila are

Motion for Extension of Time

1
still suspended as of the moment; thus, rendering her impossible to book a
flight immediately;

5. Respondent, through the undersigned counsel, would like to

assure this Honorable Office that this motion is made in good faith, and
without intent to delay the proceedings thereof but solely for the reasons
above-stated.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Office that this Motion be ADMITTED and GRANTED,
in the interest of justice. Further, Respondent prays for other reliefs, just
and equitable under the premises.

In the City of Davao (for the City of Manila), Philippines, 04 June

2020.

RESPECTFULLY SUBMITTED.

LUMBATAN*, CABADING, LAYOG & PINTO LAW OFFICES

*Atty. Alexis M. Lumbatan – On Leave
Counsel for the Respondent
Door G-10, Genesis 88 Bldg., Eco-West Drive
Ecoland Subd., Davao City
Tel. No. (082) 296-4114
lumbatanlaw@gmail.com

By:

KAREN CATE I. PINTO

IBP No. 102850 – 01/18/2020 - Davao City
PTR No. 3628414C – 12/19/2019 - Davao City
Roll of Attorney No. 70440
MCLE Compliance No. VI-0009775 - 06/07/18 - Davao City

Motion for Extension of Time

2
 NOTIFICATION

COMMISSION ON ELECTIONS
LAW DEPARTMENT
Palacio del Gobernador, Intramuros
Manila City

COMMISSION ON ELECTIONS
Represented by the CAMPAIGN
FINANCE UNIT
Complainant
Palacio del Gobernador, Intramuros
Manila City

Greetings!

Please be notified that the respondent, through the undersigned

counsel, will submit the foregoing motion for the consideration and
approval of the Honorable Office immediately upon receipt hereof,
without further arguments and appearance of counsel.

KAREN CATE I. PINTO

EXPLANATION

Copies of this Motion were served through substituted service

due to distance, time constraints and present health crisis wherein
service through registered mail is unavailable.

KAREN CATE I. PINTO

Copy furnished thru substituted service:

COMMISSION ON ELECTIONS
LAW DEPARTMENT
Palacio del Gobernador, Intramuros
Manila City
Registry Receipt No. :_______________
Date: __________________________

COMMISSION ON ELECTIONS
Represented by the CAMPAIGN
FINANCE UNIT
Complainant
Palacio del Gobernador, Intramuros
Manila City
Registry Receipt No. :_______________
Date: _________________________

Motion for Extension of Time