REPUBLIC OF THE PHILIPPINES

7TH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 29, TOLEDO CITY

CARMEN COPPER CORPORATION

Herein represented by its Atty.In-Fact
Atty. Catherine Fontanoza, CIVIL CASE NO: T-2096
Plaintiff,
FOR: PRELIMINARY
-versus- MANDATORY AND
PERMANENT
INJUNCTION,
DAMAGES, ATTY’S FEES
FELIXBERTO V. CLIMACO, JR., AMD ISSUANCE OF
RENANTE B. CLIMACO, MARIO P, TEMPORARY
VILLAESTER, REYNALDO J. RESTRAINING ORDER
CLIMACO, JOHN AND JANE DOES,
Defendants.
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MOTION FOR RECONSIDERATION TO THE ORDER DATED

SEPTEMBER 16, 2013

COME NOW defendant Felixberto Climaco, Jr., through the

undersigned counsel, unto this Honorable Court, most respectfully
states:

1. That in the Order dated September 16, 2013, which was

received by the undersigned counsel on October 3, 2013, the Court
declared the right of the defendants to present his evidence as having
been waived;
2. That with all due respect, the defendant has yet to receive
from the Honorable Court it ruling on the plaintiff’s Formal Offer of
Exhibits;
3. That since there is no ruling yet on the plaintiff’s Formal
Offer of Exhibits, it is still procedurally improper for the defendant to
present his evidence;
4. By reason therefore, there is a need for the Honorable Court
to reconsider the Order dated September 16, 2013 and in lieu thereof,
rule on the Plaintiffs formal Offer of Exhibits, and set another date for
the presentation of the evidence for the defendant.

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 WHEREFORE, it is most respectfully and humbly prayed of
this Honorable Court to reconsider the Order dated September 16,
2013 and in lieu thereof, rule on the Plaintiffs formal Offer of
Exhibits, and set another date for the presentation of the evidence for
the defendant.

Cebu City, Philippines, October 4, 2013.

ATTY. FRANCIS GEORGE F. DINOPOL

Counsel for the Defendant Felixberto Climaco, Jr.
Suite 402 G.K. Chua Bldg.
Sancianco St., Cebu City
Roll of Attorneys Number 50084
PTR No. 2683515, 01-18-2013 Cebu Capitol
IBP No. 910273, 01-18, 2013, Cebu Chapter
MCLE Compliance No. III-0014596
MCLE Compliance No. IV-0011760, 02-08-2013
Tel No. 5151417

NOTICE OF HEARING

The Clerk of Court

RTC Branch 29, Toledo City;
Atty. Catherine Cabalse Fontanoza; and
Atty. Eduardo Soleng, Jr.

Please take notice that the undersigned counsel shall be

submitting the foregoing motion for the consideration of the
Honorable Court on October 18, 2013 at 2:00 o’clock in the afternoon
sans appearance counsel and further oral arguments.

Atty. Francis George F. Dinopol

EXPLANATION

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 Atty. Catherine Cabalse Fontanoza, Atty. Eduardo Soleng, Jr.
were furnished with a copy of the foregoing motion through
registered mail due to distance and lack of manpower.

Atty. Francis George F. Dinopol

Copy furnished:

Atty. Catherine Cabalse Fontanoza

Admin. Building. ACMDC Compound,
Bo. DAS, Toledo City, Cebu

Atty. Eduardo Soleng, Jr.

6th Floor, Cebu Holdings Center
Cebu Business Park (Ayala)
6000, Cebu City