"x x x.
MOTION FOR LEAVE OF COURT
TO AMEND OR MODIFY THE COMMENT (ANSWER), DATED xxx, OF THE DEFENDANTS
THE
DEFENDANTS, by counsel, respectfully state:
1.
On xxx, the Defendants, pro se (by and for themselves and without assistance of a Counsel),
filed their Responsive Pleading to
the main case which was denominated as a “COMMENT
(ANSWER)”, dated xxx.
1.1.
It was apparently originally intended as the
Comment of the Defendants to the incidents pending at that time, i.e., Plaintiff’s Motion/s for Temporary Restraining Order and Preliminary Injunction.
1.2.
The Defendants, pro se, subsequently intended the said Comment as their ANSWER to
the main case, as shown by the handwritten
words “Answer” in parenthesis on the title of the said Comment, dated xxx.
2.
Although the said Comment (Answer) contained
“admissions/denials/defenses” and a valid “prayer”, and although voluminous
documents were attached thereto in support of the pro se counter-allegations of ultimate facts by the Defendants,
nonetheless, the undersigned new
Counsel for the Defendants feel that, IN THE INTEREST OF JUSTICE AND FAIR PLAY,
there is a great need for him to AMEND,
MODIFY, CLARIFY, IMPROVE, AND STRENGTHEN the said “Comment (Answer)” of the
Defendants:
(a) to better protect their rights and
interests,
(b) to more clearly present their legal theory
of the case,
(c) to strengthen the legal and factual position
of the Defendants and the supporting evidence in support thereof, and
(d) to allege their compulsory counterclaim.
3.
This Motion is not intended to delay this case but is being presented solely to serve the best interest of
justice and fair play by improving the pro
se Responsive Pleading of the Defendants without the assistance of a
Counsel.
4.
Please note that the main case is yet to undergo
Mediation Phase, Pretrial Phase, and Judicial Dispute Resolution Phase.
4.1.
It has not yet reached the Main Trial On The Merits Phase.
5.
The
rights of the Plaintiff and will not be injured by this fair and reasonable
Motion.
WHEREFORE, in
the interest of justice and for the legal and factual reasons cited hereinabove,
it is respectfully prayed that, after notice and hearing, an Order be issued
giving the undersigned new Counsel for the
Defendants 30 days to file an
AMENDED/MODIFIED ANSWER for the Defendants, counted from receipt of the Order granting this Motion.
FURTHER, the Defendants respectfully pray for such and other reliefs as
may be deemed just and equitable in the premises.
Xx x City, xxx, 2015.
LASERNA CUEVA-MERCADER
LAW OFFICES
Counsel for Defendants
Unit 15, Star Arcade, C. V.
Starr Ave.
Philamlife Village, Las Pinas
City 1740
Tel. Nos. 8725443 &
8462539
X x x.
MANUEL LASERNA JR.
X x x.
X x x.”
