Republic of the Philippines

Regional Trial Court

Judicial Region
Branch 52
City

THE PEOPLE OF THE PHILIPPINES Crim. Case No.

_____________________

-versus- Re: ESTAFA

________________________,
Accused.
X--------------------------------------------X

MOTION TO EXPLAIN

The undersigned counsel for the accused, respectfully states:

1. That this case was to be heard earlier today for cross-examination of

the Complainant;

2. That both counsel and accused were already present via

videoconference MS Teams application since 8:30 o’clock in the
morning;

3. That at around 10: 00 o’clock in the morning, undersigned counsel

while waiting for the case to be called lost her internet signal as well
as the power to her personal computer;

4. That it appears that the deep excavation of man holes via cranes by
the DPWH has touch some wires and affected the electricity and
internet cables attached to it;

5. that counsel immediately called her secretary to notify this

Honorable Court that she could no longer go on videoconference
hearing as power and internet was lost in their village;

6. that counsel never intended to cause delay as the blackout was not
of her doing;
 7. Undersigned had no choice but to move for the postponement of the
hearing and apologizes to this Honorable Court for any
inconvenienced caused to everyone concerned;

8. Also, accused presence in the trial has already signified to settle with
complainant which we hope to have under wraps before the next
hearing date;

9. Hence, undersigned counsel is filing this Motion to Explain so that

the Honorable Court is apprised of counsel’s earlier predicament and
that she never intended to delay court proceedings were it not for
the unforeseen blackout.

10.This Motion is not intended for delay but only for the foregoing
circumstance;

PRAYER

WHEREFORE, it is respectfully prayed unto this Honorable Court to

consider undersigned counsel for her earlier predicament and excuse her
for her unintended absence from attending the video conference hearing.

Other reliefs just and equitable are also prayed for.

RESPECTFULLY SUBMITTED.
Davao City, Philippines. 16th February 2022.