Republic of the Philippines

REGIONAL TRIAL COURT

Seventh Judicial Region
Branch 26
Argao, Cebu

MARIA GINA BENTAZAL BENOLIRAO,

Plaintiff,

-versus- Civil Case No. AV-1821

FOR: Declaration of
Nullity of Marriage Under
Art. 36 of the Family Code

KIM P. BENOLIRAO,
Respondent.

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URGENT MOTION FOR THE CONDUCT OF JULY 29,

2021 HEARING THROUGH VIDEO CONFERENCING

THE UNDERSIGNED COUNSEL FOR THE PETITIONER,

unto this Most Honorable Court, respectfully AVERS and STATES that:

1. Petitioner’s expert witness, Dr. Emmanuel Hernani is intended to

be presented on 29 July 2021 to identify his Supplemental Judicial
Affidavit and testify before this Most Honorable Court on the fact
and circumstances of his subsequent personal interview/assessment
of respondent Kim P. Benolirao;

2. The witness’ Supplemental Judicial Affidavit was already filed to

this Most Honorable Court on 21 May 2021and copy furnished on
the same date to the respondent, Office of the Public Prosecutor
and the Office of the Solicitor General;

3. Upon this Most Honorable Court’s Order on the hearing conducted

on 27 May 2021, witness may appear through video conferencing;

4. The undersigned counsel intended to appear in court for the said

hearing. However, she was informed that another case of hers was
already pre-scheduled for an in-court hearing at Metropolitan Trial
Court in Cities (Cebu City) Branch 06 for Criminal Case No. R-
72961 (People of the Philippines vs Dina Mag-aso) on the same
date;

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 5. The undersigned may not be able to appear for both scheduled
hearings in-court considering the distance of Cebu City and
Municipality of Argao, Cebu;

6. In this regard, she most respectfully requests, that she be allowed

to appear and present witness Dr. Emmanuel Hernani on the
above-mentioned case through video conferencing on 29 July 2021
at 8:30 o’clock in the morning;

7. These inadvertent complications compel the undersigned to seek

the understanding of this Most Honorable Court, and respectfully
seeks consideration that the request prayed for be granted;

8. For purposes of said request, witness’ email address is:

emmanuelhernani@yahoo.com, while the undersigned’s email
address is i_am_tiffany22@yahoo.com;

9. During his presentation, he shall testify, among others, that he is

an expert in the field of clinical and social psychology. He shall
also testify that he had personally examined the respondent. He
shall likewise testify that respondent suffers from psychological
incapacity which is incurable, grave and with juridical
antecedence. He shall likewise identify his Supplemental Judicial
Affidavit which shall be considered part of his direct testimony,
and the Amended Psychological Report;

10.Finally, this instant motion is meritorious, filed in utmost good

faith and without the slightest intention to deliberately delay the
proceedings in this case.

PRAYER

WHEREFORE, in light of the foregoing and in the highest interest of

justice and equity, it is most respectfully prayed of this Most Honorable
Court that the scheduled presentation of petitioner’s witness (Dr. Emmanuel
Hernani) on 29 July 2021 at 8:30 o’clock in the morning be conducted
through video conferencing and the undersigned counsel be allowed to
appear/present said witness through the same.

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

28 July 2021, Cebu City, Philippines. (for Argao, Cebu).

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 TIFFANY L. TUÑACAO
Counsel for Petitioner
Attorney’s Roll No. 65185
IBP No. AR7736444, 01/12/2021 Cebu City
PTR No. 695997, 01/12/2021 Cebu Province
MCLE Compliance Certificate No. VI-0014455, 19 October 2018
Cellphone Number: (63) 998-5571-854

DEXTER G. VIÑAN
Counsel for Petitioner
ROLL NO. 44898
IBP LIFETIME NO. 08977 (O.R. 809788 - 01/11/10) Cebu City
PTR NO. 2128375 - 01/04/21 Cebu City
MCLE COMPLIANCE NO. VI - 0010867 - 07/23/18 Pasig City
306 Trans-Asia Bldg. Cor. M.J. Cuenco Ave. & Osmeña Blvd., Cebu City

REQUEST FOR HEARING

THE BRANCH CLERK OF COURT

RTC – 26 ARGAO, CEBU
HON. PROSECUTOR ALDWIN FLORES
KIM BENOLIRAO

Please submit the foregoing motion immediately upon receipt

thereof for consideration and approval by the Honorable Court on 28 July
2021 in the morning without further arguments and appearance of
counsel. Thank you.
Tiffany L. Tuñacao

NOTICE OF HEARING

HON. PROSECUTOR ALDWIN FLORES

KIM BENOLIRAO

Please take notice that the foregoing motion shall be submitted for
consideration and approval by the Honorable Court 28 JULY 2021 at 8:30
o’clock in the morning without further arguments and appearance of
counsel. Thank you.

Tiffany L. Tuñacao

PROOF OF SERVICE AND EXPLANATION

I HEREBY CERTIFY THAT I HAVE CAUSED THE FURNISHING

OF COPIES OF THE FOREGOING MOTION AS FOLLOWS:

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HONORABLE OFFICE OF THE SOLICITOR GENERAL
134 AMORSOLO ST., LEGASPI VILLAGE
MAKATI CITY, METRO MANILA

HONORABLE PROSECUTOR ALDWIN FLORES

CEBU PROVINCIAL PROSECUTOR’S OFFICE
R0 Compound, M. Velez Street, Cebu City

KIM P. BENOLIRAO
CANCAYA, POBLACION
ALCOY, CEBU

Service through email is being resorted to on account of distance and

lack of office personnel to effect personal service, and the lack of material
time to ensure its receipt.

TIFFANY L. TUÑACAO

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