REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH 68
CAMILING, TARLAC

PEOPLE OF THE PHILIPPINES,

-versus- CRIM. CASE NO.

For: Qualified Theft

,
Accused.
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MOTION FOR POSTPONEMENT OF HEARING

The PEOPLE, through the undersigned Private Prosecutor

under the direct control and supervision of the Public Prosecutor,
unto this Honorable Court, most respectfully states, that:

1. On 05 November 2019 hearing, the private complainant

appeared through their private prosecutor, ______while the Accused
appeared through his counsel,________. Despite due notice, the
accused is absent.

2. During the hearing, Mr_______ took the stand as the 1st

witness and was subject to Direct examination.

3. Thereafter, the accused contacted the Private

Complainant for the possibility of settlement to which the Private
Complainant is amicable.

4. On 20 November 2019, the Order dated 05 November

2019 of this Honorable Court, was received by the private
complainant through its private prosecutor. In the said Order, the
cross examination of ____ is set on 26 November 2019 at 8:30 o’clock
in the morning.

5. However, due to an urgent business matter ______cannot

cancel and considering that there is still a possibility of amicable
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settlement, the Private Complainant’s counsel respectfully prays of
this Honorable Court to postpone the cross- examination scheduled
on 26 November 2019.

6. However, should the conciliation fail, it is also prayed for

the presentation of evidence be scheduled on 7 November 2018. and
28 November 2018 or other dates as may be granted by this
7.

8. The foregoing Motion is not intended to trifle with the wisdom

and generosity of this Honorable Court, delay the proceedings,
or unduly prejudice defendants, but only for the reason given
above, and in the higher interest of justice.
9.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the Pre-Trial Order be
AMENDED.

A. To include the right of the prosecution to present

additional evidence in the course of the trial; and

B. To include the Motion to Withdraw the Complaint

without Prejudice dated 26 November 2017 and the Resolution of the
Office of the Provincial Prosecutor dated 29 November 2017 as
Prosecution’s Exhibits “L” and “M”, respectively.

Other just and equitable reliefs under the premises are likewise
prayed for.

City of Pasig for Camiling, Tarlac, 11 November 2019.

By:

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NOTICE OF HEARING, COPY FURNISHED AND
EXPLANATION:

THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 68
Camiling, 2306 Tarlac

Please submit the foregoing EX-PARTE MOTION TO

CORRECT AND AMEND PRE-TRIAL ORDER for consideration of
this Honorable Court immediately upon receipt thereof, sans any
hearing.

A copy of the foregoing EX-PARTE MOTION TO CORRECT

AND AMEND PRE-TRIAL ORDER was served upon the parties via
registered mail/private courier due to distance, time and manpower
constraints to effect personal service.