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Motion To Set Hearing Via Videocon

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Cybill Diaz
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57 views3 pages

Motion To Set Hearing Via Videocon

Uploaded by

Cybill Diaz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
6TH Judicial Region
Branch
Iloilo City

SPOUSES
Plaintiffs,
CIVIL CASE NO.
-versus- For: Collection of Sum of
Money with Damages

SPOUSES
,
Defendants.
X ---------------------------------------------- X

MOTION TO SET HEARING THROUGH VIDEO CONFERENCE

Plaintiffs, by counsels, unto this Honorable Court, most


respectfully states that:

1. On, upon approval of Chief Justice Diosdado M. Peralta, OCA


Circular No. 161-2020 stated that all first and second level
courts are now authorized to condict videoconferencing
hearings on all matters pending before them, in both criminal
and civil cases regardless of the stage of the trial, in
accordance with existing circulars and guidelines;

2. On, upon approval of Chief Justice Alexander G. Gesmundo,


OCA Circular No. 67-2021 allows all judges of the first and
second level courts may conduct fully-remote
videoconferencing hearings, regardless of their physical
location in the country;

3. Paragraph No. 3 of A.M. No. 20-12-01-SC provides:

(b) Cases covered by the Guidelines. -These Guidelines shall apply to


all actions and proceedings, including small claims cases, in whatever
stage thereof, as provided in the Rules of Court when, based on the
attending circumstances, the court finds that the conduct of
videoconferencing will be beneficial to the fair, speedy, and efficient
administration of justice such as in the following instances:
xxx
iii. The inability or difficulty of a litigant, witness, or counsel to
physically appear in court due to security risks in his or her
transport in going to and from the court, real and apparent danger
to his or her life, security or safety, serious health concerns,
vulnerability of the witness I due to age, physical condition,
disability, or the fact that he or she is a victim of a sexual offense
or domestic violence;
xxx

Page 1 of 3
2

ix. When, based on the sound judgment of the court, there are
compelling reasons that justify the resort to videoconferencing ;
and

4. The inability of counsels to physically appear in court


are due to the apparent and real dangers to safety and
health, due to the following reasons:

a. Iloilo City is under Modified Enhanced Community


Quarantine (MECQ) until June 15, 2021. According
Executive Order No. 50-B series of 2021 of Iloilo
City, as of June 9, 2021, Iloilo City logged a total of
2,269 active cases with a mortality of 200 per
COVID-19 Regional Case Bulletin No. 439; and,

b. The counsel,;

5. Furthermore, the defendants and their counsels are


from Manila, Philippines and the flights to Iloilo City are
scarce and restricted, adding to it the need to undergo
quarantine upon the arrival to Iloilo City, are compelling
reasons to justify the resort to videoconferencing;

6. The instant case is set for pre-trial on pursuant to the


Order of the Honorable Court dated;

7. In light of the foregoing, not only will it be unsafe and


extremely difficult for the parties and their counsel’s to
physical appear before this Honorable Court for the
scheduled in court hearing, but it is most prudent and in
keeping with the government’s efforts against COVID-19
for the Honorable Court to conduct the hearing via
videoconference;

8. Therefore, the undersigned counsel implores the


Honorable Court to conduct the scheduled hearing on
through videoconferencing, instead of in-court
proceedings;

9. The undersigned counsel hereby manifests their


respective email addresses and that of the plaintiffs in
the event the Honorable Court allows said hearing to be
conducted via videoconferencing, thus:

NAME/DESIGNATION EMAIL ADDRESS

10. This Motion is not intended to delay the proceedings


but us necessitated solely on the aforementioned
reasons.

Page 2 of 3
3

WHEREFORE, plaintiffs respectfully prays that the Honorable


Court ALLOW the attendance of plaintiffs and counsel on the scheduled
hearing on via videoconferencing.

Other just and equitable reliefs are likewise prayed for.

Iloilo City, Philippines,.

Counsel for the Plaintiff

THE HONORABLE CLERK OF COURT


Regional Trial Court, Branch 38
Iloilo City

Greetings:

Subject to the exercise of this Honorable Court’s discretion to call


for a hearing under Section 5 and 6 Rule 15 of the Revised Rules of
Court as amended by A.M. No. 19-10-20-SC, please submit the
foregoing Motion for consideration of this Honorable Court as soon as
filed.

Thank you.

Copy furnished to:

EXPLANATION

Electronic mail was resorted to by the undersigned in filing and


court accredited courier was resorted to by the undersigned in serving
this Motion as personal filing and service is not practicable due to time,
distance, manpower constraints, and health threats due to the COVID-
19 pandemic.

Page 3 of 3

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