Motion-for-extension-to-file-counter-affidavit.docx

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR Tacloban City

MARIA JOSEFINA B. CRUZ, Complainant,

I.S. NO. FOR: RAPE UNDER ART. 266 OF THE REVISED PENAL CODE (RPC)

-versusTEOFISTO R. ALCON, Respondent(s). x -------------------------------------------------- x

MOTION FOR EXTENSION OF TIME TO SUBMIT COUNTER-AFFIDAVIT Respondent, TEOFISTO R. ALCON, assisted by Public Attorney’s Office (PAO), unto the Honorable City Prosecutor, most respectfully aver(s), that: 1. Respondent on December 22, 2018, received a subpoena

from the Prosecutor’s Office charging him of the above-stated offense and requiring him to submit his counter-affidavit and other supporting documents within (ten)10 days from receipt thereof; Today, January 1, 2019, appears to be the last day for the submission of respondent’s counter-affidavit and other supporting documents; 2.

This Office only received respondent’s case on December 27, 2018 or merely 5 days before the said deadline; 4. There is a need to further study the case and to gather relevant evidence to support the defense of the Respondent, thus, this request for a period of ten (10) day extension within which to submit the respondent’s Counter-Affidavit and other supporting documents; 5. That the filing of this motion is done in good faith and not for purposes of delaying the proceedings of this case but for the reason above-stated. 3.

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PRAYER WHEREFORE, premises considered, it is respectfully prayed of the Honorable Prosecutor that this Motion, praying for an extension of TEN (10) DAYS within which to submit Respondent’s Counter-Affidavit and supporting documents, be granted. January 1, 2019, at the City of Tacloban, Philippines. PUBLIC ATTORNEY’S OFFICE Department of Justice TACLOBAN CITY DISTRICT OFFICE By: ATTY. CINDY HAN Public Attorney III #8 Bulwagan ng Katarungan, Magsaysay Blvd., Tacloban City Attys. Roll No. 34380/ April 1, 2000 IBP OR No. 542682/04/02/08/Tacloban City PTR No. 764523/04/04/08/Tacloban City MCLE Compliance No. III-0009876, 1123-2010 Contact No.: 09876453421/ 321-1234 Email address: [email protected] CONFORME: TEOFISTO R. ALCON

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NOTICE The Clerk Office of the City Prosecutor, Tacloban City

GREETINGS: Please submit the foregoing motion for the consideration of the Honorable City Prosecutor immediately upon receipt hereof without further oral argument.

ATTY. CINDY HAN Copy furnished: MARIA JOSEFINA B. CRUZ

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