Motion For Recon Navidad
Motion For Recon Navidad
Motion For Recon Navidad
-Versus- For:
COMES NOW, the Plaintiff, through the undersigned counsel and unto
this Honorable Court, moves for the reconsideration of the ORDER of this
Honorable Court dated June 7, 2019 and respectfully avers:
XXX
Perusal of the record would demonstrate that plaintiff failed to
comply with the October 30, 2017 order of the court. Such failure is
tantamount to dismissal of the case as clearly provided by the Rules.
ISSUE
a. Verification with the Court Staff would indicate that plaintiff did
comply with the order of the Court. Records show that this
Honorable Court received a copy of the Plaintiff’s Motion to Add
Party Defendant Philippine Deposit Insurance Corporation (PDIC)
last November 29, 2017. Attached herewith is a copy of the plaintiff’s
pleading, hereto referred as Annex “B” and which was received by
this Honorable Court last November 29, 2017;
6. With due respect to this Honorable Court, the Plaintiff with the
private complainant has been attending the scheduled hearings of
this case;
7. The order of the dismissal of this instant case was based in Sec. 3,
Rule 17 of the 1997 Rules of Civil Procedure which is “due to the
fault of plaintiff”. Clearly from the above arguments, the plaintiff had
no slightest intention to disregard the order of this Honorable Court.
The plaintiff is not even negligent to follow the order this Honorable
Court. It did file a pleading in response to the Notice of Withdrawal;
8. And finally, not only that litigations should not be won based on
technicality, but in this instant case, there was no major legal
technicality that was violated by the plaintiff and clearly, none was
prejudiced.
PRAYER
Such other reliefs which are just and equitable under the premises are
likewise prayed for.
By:
NOTICE
GREETINGS:
Please submit the foregoing Formal Offer for the consideration and
approval of the Honorable Court immediately upon receipt thereof.
RESPECTFULLY SUBMITTED.
Copy furnished:
EXPLANATION