REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH NO. 37
City of Manila

CHRISTIAN KOETZ,
Plaintiff,

- versus - CIVIL CASE No. 94-71431

JULIETA PAGAYANAN,
Defendant.
x--------------------------------------x

MOTION FOR RECONSIDERATION

COMES NOW PLAINTIFF CHRISTIAN KOETZ (“plaintiff” for

brevity), by and through the undersigned Law Offices, unto this

Honorable Court, most respectfully submits the instant Motion for

Reconsideration, and in furtherance thereof courteously avers: That--

1. The undersigned counsel was surprised to receive this

Honorable Court’s Order dated 13 August 2008 wherein plaintiff’s

Motion to Revive with Reiterative Motion to Liquidate and Partition

Conjugal Assets dated 19 November 2007 was dismissed for the

undersigned counsel’s alleged failure to submit the requisite proof of

service.

2. With all due respect, the undersigned counsel begs to take

exception to this Honorable Court’s observation that the undersigned

counsel failed to comply with this Honorable Court’s directive to furnish

defendant’s counsel with a copy of plaintiff’s Motion to Revive with

Reiterative Motion to Liquidate and Partition Conjugal Assets dated 19

November 2007 and to submit proof of compliance therewith.

3. In plaintiff’s Compliance to this Honorable Court’s Order

dated 06 June 2008, the undersigned counsel manifested that he

attached a copy of the subject motion to the copy for defendant’s

counsel as Annex "A" thereof. The said compliance along with the

attached motion was transmitted via registered mail, as manifested in

the explanation portion of the same pleading. The registry return

receipt of the mail matter sent to defendant’s counsel (Registry

Receipt Number 55, Antipolo City Post Office, 01 July 2008) had been

attached to the compliance as filed with this Honorable Court.

4. Thus, since the undersigned counsel was actually able to

comply with this Honorable Court’s directive, the reconsideration of the

order dismissing plaintiff’s Motion to Revive with Reiterative Motion to

Liquidate and Partition Conjugal Assets dated 19 November 2007 is

very much in order.

5. The filing of the instant motion is not, in any way, intended

to delay the disposition of the instant case, but solely for the reasons

aforesaid.

PRAYER

WHEREFORE, it is respectfully most prayed of this Honorable

Court that, after due notice and hearing, the instant motion be

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GRANTED and that an order be issued REINSTATING plaintiff’s

Motion to Revive with Reiterative Motion to Liquidate and Partition

Conjugal Assets dated 19 November 2007 and GRANTING the same

in favor of plaintiff’s prayed reliefs therein.

OTHER RELIEFS, just and equitable under the premises, are

likewise most respectfully prayed for.

RESPECTFULLY SUBMITTED. Quezon City for the City of

Manila, 09 September 2008.

SCE Law
Attorneys-at-Law

SOLIVEN CASTILLO & ESCOBEDO

Law Offices

Unit 404 Tower A, The Regalia Park Towers

150 P. Tuazon Boulevard, Araneta Center
Cubao, Quezon City 1109

PETER S. CASTILLO II
Roll of Attorney No. 44374
PTR No: 9915560; 01.21.2008; Quezon City
IBP No: 738991; 01.18.2008; Quezon City
MCLE Compliance No. II-0007107

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 NOTICE

HON. CLERK OF COURT

RTC Manila, Branch 37
City Hall Building, Manila

ATTY. OSCAR D. SOLLANO

Counsel for the Defendant
877 Soler Street, Tondo
Manila

GREETINGS:

Please be informed that the undersigned counsel shall submit

the instant Motion for Reconsideration for the kind consideration of this
Honorable Court on 26 September at 9:00 a.m., or soon thereafter
as counsel may be heard.

PETER S. CASTILLO II

EXPLANATION

A copy of the instant Motion for Reconsideration is being served

through registered mail due to distance and lack of manpower to
effectuate the preferred mode of service.

Copy Furnished:

ATTY. OSCAR D. SOLLANO

Counsel for the Defendant
877 Soler Street, Tondo
Manila