COMES NOW the ______________ in the above-entitled case, by the undersigned counsel, and respectfully moves unto the Honorable Court to set aside its judgment rendered therein dated _______________, and to grant a new trial on the following grounds:

      1. That the evidence adduced in this Court is insufficient to justify the said judgment;

      2. That the said judgment has no basis as against the facts presented during the hearing of this case.

      (Here state the grounds stated above, pointing out specifically the findings of the judgment which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions)

      WHEREFORE, it is respectfully prayed that the judgment herein dated __________be set aside and a new trial granted.

      Cagayan de Oro City, _________________________, 2004.