REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

MANILA CITY

Plaintiff,
Civil Case No. M-MNL-17-
-versus- 00202-CV
For: Sum of Money

Defendant.
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URGENT MOTION TO EXPUNGE FORMAL OFFER

OF EVIDENCE FOR BEING FILED
BEYOND REGLAMENTARY PERIOD
(filed Thirty-Five (35) days after the given period)

DEFENDANT, through the Undersigned Counsel, and unto

this Honorable Court, most respectfully move that Formal
Offer of Evidence filed by Plaintiff NOT BE ADMITTED and
EXPUNGED from the records for being FILED OUT OF TIME,
thus:

1. During the last scheduled hearing of above case

dated May 28, 2019, Plaintiff completed the presentation
of their last witness. The Honorable Court then directed
them to submit its Formal Offer of Evidence within
Fifteen (15) days from said date.

2. Plaintiff was required to file their Formal

Offer of Evidence within Fifteen (15) days or until June
12, 2019. From notice or receipt of said pleading,
Defendant, through counsel, was given the same period
within which to file their Comment/Opposition.

3. To Defendant’s dismay, they only received a copy

of mentioned pleading on July 17, 2019. The same was sent
through a private courier (LBC Express, Inc.) on July 16,
2019. Then, upon personally verification before the
Honorable Court’s records, it was found that the same was
filed only on July 16, 2019.
4. Based on the strict period given, and upon careful
computation, the Formal Offer of Evidence was submitted
Thirty-Five (35) days beyond the granted period of
time. No extension of time was sought by Plaintiff in
order to stretch the allowable time to file the same.
Not