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  • Motion To Set Hearing Online

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    This document is a Motion to Set Hearing Through Video Conference filed in the Regional Trial Court of Cebu City, Philippines. It requests that a pretrial hearing for the case of Mary Grace O. Rio vs. Herwen P. Rio and Karissa Superficial be conducted through video conference due to the COVID-19 pandemic. It cites Administrative Circulars from the Supreme Court allowing videoconferencing for hearings under general community quarantine. The defendant's home has suitable internet access for a video conference. Granting this motion would safeguard all parties from COVID-19 risks while allowing the case to proceed.

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    Motion to Set Hearing Online

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    This document is a Motion to Set Hearing Through Video Conference filed in the Regional Trial Court of Cebu City, Philippines. It requests that a pretrial hearing for the case of Mary Grace O. Rio vs. Herwen P. Rio and Karissa Superficial be conducted through video conference due to the COVID-19 pandemic. It cites Administrative Circulars from the Supreme Court allowing videoconferencing for hearings under general community quarantine. The defendant's home has suitable internet access for a video conference. Granting this motion would safeguard all parties from COVID-19 risks while allowing the case to proceed.

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    174 views3 pages

    Motion To Set Hearing Online

    Uploaded by

    wolftarts
    This document is a Motion to Set Hearing Through Video Conference filed in the Regional Trial Court of Cebu City, Philippines. It requests that a pretrial hearing for the case of Mary Grace O. Rio vs. Herwen P. Rio and Karissa Superficial be conducted through video conference due to the COVID-19 pandemic. It cites Administrative Circulars from the Supreme Court allowing videoconferencing for hearings under general community quarantine. The defendant's home has suitable internet access for a video conference. Granting this motion would safeguard all parties from COVID-19 risks while allowing the case to proceed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 3

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    SEVENTH JUDICIAL REGION
    BRANCH 5
    CEBU CITY
     
      
    MARY GRACE O. RIO,
                           Plaintiff,
     
    -versus-                 CIVIL CASE No. R-CEB-20-03432-CV
    FOR: Permanent Injunction with Prayer for
    Preliminary Injunction   
     
    HERWEN P. RIO and KARISSA
    SUPERPICIAL,
                                          Defendants.
    X––––––––––––––––––––––X

    MOTION TO SET HEARING THROUGH VIDEO CONFERENCE

    COMES NOW, defendant Rio, through the undersigned counsel, and unto


    this Honorable Court, most respectfully state that:

    1. On 29 May 2020, Chief Justice Diosdado M. Peralta issued


    Administrative Circular No. 41-2020 (Re: Court Operations Beginning 1 June
    2020) which states, among others, that the hearings of cases, regardless of the stage
    of the trial, shall all be in-court, except in cases involving Persons Deprived of
    Liberty (PDLs) who shall continue to appear remotely from the detention facility,
    and in cases with extraordinary circumstances as may be determined by the justices
    and judges, which shall be heard through videoconferencing;

    2. Subsequently, the Supreme Court Public Information Office released an


    Announcement dated 31 May 2020 in which it said that courts in areas under
    general community quarantine may hold hearings in criminal and civil cases
    through videoconferencing provided that a proper motion is filed:
    “Videoconferencing hearings will continue during GCQ. This is authorized by both
    AC 40-2020 and AC 41-2020 which were issued by Chief Justice Diosdado M.
    Peralta. Hence, for example, if a party wishes his/her case to be heard via
    videoconferencing, the proper motion just needs to be filed, and the court, using its
    sound discretion, can either grant or deny the motion. This remedy is available in
    both civil and criminal cases.”

    3. The instant case is set for the pretrial hearing pursuant to the Order of the
    Honorable Court dated 13 July 2021 granting the Manifestation filed by the
    defense. The above-named Defendant informed the undersigned public attorney
    that their house is equipped with PLDT Fiber internet connection. For this purpose,
    the invitation to participate in the hearing through video conference may be sent to
    above-named Defendant through his e-mail address, namely,
    [email protected]. The resumption of the proceedings in the instant case
    through video conference is pragmatic as it will safeguard all the parties and their
    counsel as well as the judge and the court staff against the risk of possible COVID-
    19 infection.

    PRAYER

    WHEREFORE, premises considered, it is respectfully prayed that this


    Motion be granted. Other relief and remedies, just and equitable, are likewise
    prayed for.

    Respectfully submitted on August 30, 2021

    PEPITO DALUZ GARCIA & ASSOCIATES


    Counsel for the Defendants
    2nd Floor, Left Wing, BYS Complex, 11th Avenue,
    North Reclamation Area, Cebu City
    Telephone No. (032) 345-4674

    ATTY. KATRINA N. PONTANAR


    PTR No. 1067824 (01/08/2021, Mandaue City)
    IBP NO. 116592 (Cebu City)
    MCLE Compliance No.: VII-0001468
    Attorney’s Roll No. 70728 (2018)
    [email protected]

    Copy Furnished:
    ATTY. JASON C. GENOBIAGON
    Room 301, 3rd Floor, No. 30
    Goodwill Building., Osmeña Boulevard
    Cebu City, Cebu 6000 PH
    Registry Receipt Number: ________________________

    EXPLANATION ON THE MODE OF SERVICE

    Due to the distance between the offices of the undersigned counsel and the
    following counsels of the parties and the lack of office personnel who could effect
    personal service, copies of the foregoing pleading were sent through registered
    mail.
    ATTY. KATRINA N. PONTANAR

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