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Motion To Declare in Default

This document is a motion filed in the Regional Trial Court Branch VIII in Tacloban City, Philippines. The plaintiff, Anecito L. Mondragon, filed a civil case against the defendant, Arnold D. Clavio, for recovery of ownership of real property. The plaintiff is requesting that the defendant be declared in default because the defendant failed to file an answer to the complaint within the required period, despite being properly served with the summons and complaint. The plaintiff's counsel is requesting to present evidence ex parte against the defendant before the Clerk of Court acting as Commissioner.

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65 views2 pages

Motion To Declare in Default

This document is a motion filed in the Regional Trial Court Branch VIII in Tacloban City, Philippines. The plaintiff, Anecito L. Mondragon, filed a civil case against the defendant, Arnold D. Clavio, for recovery of ownership of real property. The plaintiff is requesting that the defendant be declared in default because the defendant failed to file an answer to the complaint within the required period, despite being properly served with the summons and complaint. The plaintiff's counsel is requesting to present evidence ex parte against the defendant before the Clerk of Court acting as Commissioner.

Uploaded by

Mart Tanpingco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

8th Judicial Region


Regional Trial Court
Branch VIII
Tacloban City

Anecito L. Mondragon
Plaintiff
Civil Case #12345
-versus- For: Recovery of Ownership
and Of Real Property

Arnold D. Clavio
Defendant

MOTION TO DECLARE DEFENDANT IN DEFAULT


Plaintiff, by counsel, respectfully states that;
1. Plaintiff filed this Complaint against defendant on 13 May
2018; summons were served on defendant on 30 May, 2018, as
indicated by the Sherrif’s Return of even date, a copy of which is
attached as Annex A.
2. Defendant’s reglementary period to file Answer ended on June
15, 2018; no motion for extension of such period was filed nor was any
granted motu propio by this Honorable Court. Despite the lapse of time,
defendant has failed to answer the Complaint against him; plaintiff is
entitled to a declaration of default and the right to present evidence ex
parte against defendant.
WHEREFORE, plaintiff respectfully prays that defendant be
declared in default and that plaintiff be allowed to present evidence ex
parte before the Clerk of Court acting as Commissioner.

Tacloban City, 12 June 2019.

ROMAN B. HIPOLITO
Counsel for the Plaintiff
PTR No. 19204896: 1-05-18 B.C.
IBP No: 675847483: 1-05-18 B.C.
Roll No. 42481: 5-15-05: Manila
Rm 5 2/F Uytingkok Building, Tacloban City

PLUS:
1. Request for and Notice of Hearing
2. Proof of Service

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