Motion For Extension - Sc 515t58

Republic of the Philippines SUPREME COURT Manila SANTIAGO CALIBAT Petitioner,

SC. G.R. NO.______________ (From the Court of Appeals Special Former Twentieth 20th Division, Re CA-GR. CR No. 01913

-versusPEOPLE OF THE PHILIPPINES Respondent. X-------------------/

For: Petition for Review on Certiorari under Rule 45 of the Rules of Court.

MOTION FOR EXTENSION OF TIME TO FILE A PETITION FOR REVIEW ON CERTIORARI UNDER RULE 45 OF THE RULES OF COURT WITH NOTICE OF APPEARANCE AS COLLABORATING COUNSEL PETITIONER, by the undersigned collaborating counsel, unto this Honorable Supreme Court, most respectfully states that: 1. The petitioner is respectfully filing this motion to request the Honorable Supreme Court for an additional period of thirty (30) days or from September 2, 2016 to October 2, 2016 within which to file a Petition for Review on Certiorari under Rule 45 of the Rules of Court, to seek a review of the decision promulgated by the Court of Appeals, Former Special Twentieth (20 th) Division, Cebu City, in the case brought to it on appeal from the Regional Trial Court of Negros Oriental, Branch 39, Stationed at Dumaguete City, which was also appealed from the Municipal Trial Court of Sibulan, Negros Oriental; 2. While with the Court of Appeals, the said case was entitled: “People of the Philippines, Plaintiff-Appellee, versus Santiago Calibat, Accused-Appellant.” Docketed as CA-G.R. CR No. 01913;

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STATEMENT OF MATERIAL DATES TIMELINESS IN FILING THIS MOTION

AND

PROOF

OF

3. On June 25, 2015, the counsel of record for the petitioner, Atty. Achilles Arturo S. Umbac, Jr., received a copy of the Decision of the Court of Appeals, Former Special Twentieth (20th) Division, Cebu City which was promulgated on May 29, 2015; 4. On July 10, 2015, the petitioner thru the counsel of record filed a Motion for Reconsideration of the aforementioned Decision; 5. On August 18, 2016, the abovementioned counsel of record for the petitioner received a copy of the Resolution of the Court of Appeals, Former Special Twentieth (20 th) Division, Cebu City, which was promulgated on August 2, 2016, denying the abovementioned petitioner’s Motion for Reconsideration; 6. The petitioner has until September 2, 2016 or fifteen (15) days from receipt of the aforementioned Resolution to file a Petition for Review on Certiorari under Rule 45 of the Rules of Court. But for reasons stated hereunder, petitioner and his counsel are respectfully praying the Honorable Supreme Court that they be granted an extension of time of at least thirty (30) days reckoned from September 2, 2016 or until October 2, 2016, within which to file said Petition for Review on Certiorari under Rule 45 of the Rules of Court; 7. This motion is thus filed before the expiration of the period within which to file petitioner’s Petition for Review on Certiorari under Rule 45 of the Rules of Court; GROUNDS FOR THE MOTION 8. Petitioner and his counsel needs additional time to prepare and file their Petition for Review of Certiorari under Rule 45 of the Rules of Court because the counsel of record could not possibly complete the said petition within the fifteen (15) day period provided by the Rules of Court as he has to attend also to his prior schedules of equal importance. For purposes of securing certified records from the Court of Appeals, the distance between Cebu City where the Court of Appeals, Former Special

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Twentieth (20th) Division is located and Dumaguete City where the counsel of record is based, is quite far; 9. Therefore, the petitioner and his counsel respectfully pray for an extension of time of at least thirty (30) days from September 2, 2016 or until October 2, 2016, within which to submit their Petition for Review on Certiorari under Rule 45 of the Rules of Court; COMPLIANCE WITH OTHER REQUIREMENTS 10. Herewith attached as ANNEX “A” is the Postal Money Order with No. 0620007338 in amount of TWO THOUSAND PESOS (P2,000.00), Postal Money Order with No. 0620007339 in the amount of TWO THOUSAND PESOS (P2,000.00), and Postal Money Order with No. 0650032670 in the amount of FIVE HUNDRED PESOS (P500.00) payable to the Clerk of Court of the Supreme Court, Manila, as payment of docket and other lawful fees and deposit for costs for the filing of a Petition for Review on Certiorari under Rule 45 of the Rules of Court; 11. Hereto attached as ANNEX “B” is the copy of the Affidavit of Service of the Motion for Extension of time to File Petition for Review on Certiorari under Rule 45 of the Rules of Court with explanation of the Mode of Service thereof, showing that copies of this motion were sent to the following: A. THE COURT OF APPEALS Former Twentieth (20th) Division 6000 Cebu City B. THE HONORABLE JUDGE Branch 39, Regional Trial Court of Negros Oriental Hall of Justice, Dumaguete City C. THE HONORABLE JUDGE Municipal Trial Court of Sibulan Sibulan, Negros Oriental D. THE OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo St., Legaspi Village Makati City, Philippines

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PRAYER WHEREOF, it is respectfully prayed that petitioner be granted an extension of time of at least thirty (30) days reckoned from September 2, 2016 or until October 2, 2016, within which to file his Petition for Review on Certiorari under Rule 45 of the Rules of Court. Petitioner further prays for other reliefs just and equitable in the premises. RESPECTFULLY SUBMITTED. September Philippines.

2,

2016.

Dumaguete

City

(for

Manila,

JOSE SANDINO B. ABIERA IBP No. 1042631, 06/15/2016 at Manila, Philippines PTR No. 0487458, 07/19/2016 at Sibulan, Negros Oriental Roll No. 65297, itted to the Bar on June 17, 2016 MCLE Governing Board Order No. 1, Series of 2008 (Deadline of Compliance is on April 2019) Law Office Address 101 Diputado St., Poblacion, Sibulan Negros Oriental, Philippines 6201 Telephone No. (035) 419-8260 Cellular Phone No. (0915) 788-8109 COPY FURNISHED and NOTICE OF HEARING THE COURT OF APPEALS Former Twentieth (20th) Division 6000 Cebu City THE HONORABLE JUDGE Branch 39, Regional Trial Court of Negros Oriental Hall of Justice, Dumaguete City THE HONORABLE JUDGE Municipal Trial Court of Sibulan Sibulan, Negros Oriental THE OFFICE OF THE SOLICITOR GENERAL

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134 Amorsolo St., Legaspi Village, Makati City THE HONORABLE SUPREME COURT Thru: The Clerk of Court Supreme Court Manila, Philippines 1000 This is to respectfully inform you that the undersigned counsel will submit the foregoing Motion for Extension of Time to File Petition for Review on Certiorari under Rule 45 of the Rules of Court to the Honorable Supreme Court for its favorable consideration and resolution on any date convenient to its calendar. JOSE SANDINO B. ABIERA EXPLANATION The filing of this pleading to the Honorable Supreme Court is done by ed mail because personal delivery is not practicable due to the distance. Service of the copy for the Court of Appeals, Cebu City and the Office of the Solicitor General is done in like manner because of the distance, and copies for the Honorable Judge of the Regional Trial Court Branch 39 is also served in like manner because of time constraints.

JOSE SANDINO B. ABIERA