COMMENT/OPPOSITION

WITH MOTION
1. Today, September 14, 2020, through e-mail he received copy of
the defendant’s Motion to Reset hearing scheduled on September
16 2020, for the reason that “Atty. Emmanuel Palabrica who is
presently based in Cagayan De Oro City, where he manages their
family’s private school. Because of the changes brought about by
the responses to the OCVID-19 pandemic, the witness’ availability
for the preparation and execution of his Judicial Affidavit as well
as his appearance in Court had been prevented by the
requirements of the school he runs, travel, and quarantine
restrictions.”

2. The subject motion violates the 3-day notice rule hence, the same
must be denied outright.

3. To date, Plaintiff has not received Judicial-Affidavit of Atty.

Emmanuel Palabrica, the witness intended to be presented on
September 16, 2020 thus, the testimony of the said witness
should likewise be declared waived for violating the Judicial-
Affidavit rule.

4. The alleged reason why no Judicial-Affidavit has been submitted

to the Court within the required period as well as the reason for
Atty. Palabrica not being available to testify on September 16,
2020 are not valid, hence, may not justify his failure to execute
Judicial-Affidavit and to attend the September 16, 2020 hearing.
WHEREFORE, premises considered, Plaintiffs respectfully
move that the testimony of Atty. Emmanuel Palabrica be declared to
have been waived and that the defendants be directed to file their
formal offer of evidence and to rest their defense.
Other equitable reliefs are likewise prayed for.
Respectfully Submitted: September 14, 2020: Quezon City
for Malolos City.