Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch No. 6
Davao City

MONICA A. GAZTAMBIDE,
                                          Plaintiff,

                    - versus -                                              Civil Case No. 2017-34

RACQUEL C. MURILLO,
                                       Defendant.
x-------------------------------------------x

MOTION TO INHIBIT

DEFENDANT, through the undersigned counsel, respectfully

moves this Honorable Court to desist from trying the above-entitled
case on the following averments:
   
1. That defendant has been summoned before this Honorable
Court;

2. That it appears that there is danger of partiality, bias and

prejudice in favor of the plaintiffs for the reason that Honorable
Judge Sergio C. Marquina is related to the plaintiff within the 4th
civil degree of consanguinity;

3. That defendant will be prejudiced if the Honorable Judge

continues to hear the above-entitled case;

4. That it is necessary that the Honorable Judge inhibit himself

so as to promote the administration of justice.

PRAYER

         WHEREFORE, in view of the foregoing, it is respectfully prayed

that Honorable Judge Sergio C. Marquina inhibit himself from
hearing and trying the above-entitled case.
  
  Davao City, Philippines, April 3, 2020.

By:
 (Sgd.)
STEPHANIE M. SANTOALLA
Counsel for the Defendant
MCLE Compliance No. VI-002347823; Valid Until 06-14-22
Roll of Attorneys No. 55267
IBP No. 096746/ 12-06-2019/Davao City
PTR No. 3530407C/ 1-21-2020/ Davao City
Doors 5 & 6, Tropicana Bldg., J.P. Laurel Ave.,
Lanang, Davao City

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

RTC - Branch 6
Davao City

ATTY. ERVEN JOHN P. CLAROS

Counsel for the Plaintiff
ABC Building, 2F, Lanang, Davao City

 Greetings!
      
Please take notice that the undersigned counsel will submit the
foregoing Motion to the Honorable Court on April 6, 2020 at 8:30 in
the morning for its favorable consideration and approval.

(Sgd.)
STEPHANIE M. SANTOALLA
                                           
Copy furnished by registered mail:
     
ATTY. ERVEN JOHN P. CLAROS
Counsel for the Plaintiff
ABC Building, 2F, Lanang, Davao City

EXPLANATION

        Due to lack of messengerial services to effect personal service, a

copy of the foregoing motion was sent to defendant's counsel
through registered mail.
(Sgd.)
      STEPHANIE M. SANTOALLA