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Motion Declare in Default

The plaintiffs filed a complaint against the defendants for recovery of a property. The defendants were served summons but failed to file an answer or responsive pleading within the required 15 day period. As such, the plaintiffs filed a motion to have the defendants declared in default for their failure to respond to the complaint within the allotted time based on the rules of civil procedure. The plaintiffs are requesting the court declare the defendants in default and allow the plaintiffs to present evidence ex-parte to support their claims in the complaint.

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Vincent Cernal
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181 views5 pages

Motion Declare in Default

The plaintiffs filed a complaint against the defendants for recovery of a property. The defendants were served summons but failed to file an answer or responsive pleading within the required 15 day period. As such, the plaintiffs filed a motion to have the defendants declared in default for their failure to respond to the complaint within the allotted time based on the rules of civil procedure. The plaintiffs are requesting the court declare the defendants in default and allow the plaintiffs to present evidence ex-parte to support their claims in the complaint.

Uploaded by

Vincent Cernal
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

METROPOLITAN TRIAL COURT


National Capital Judicial Region
Branch 96, Mandaluyong City

SPS. JHOANA JANE T. CANTOR


AND RAPHY T. CANTOR,
Plaintiffs,

CIVIL CASE NO. M-MND-19-03423-


CV
- versus - FOR: Accion Reinvindicatoria and
Damages

SPOUSES MELVIN PAMPLONA AND


DAHLIA PAMPLONA AND SPOUSES
GLADYS DOMINGO AND DANILO
GUIPOCO,
Defendants.
x-----------------------------------------------x

MOTION
TO DECLARE DEFENDANTS IN DEFAULT

COMES NOW PLAINTIFFS SPS. JHOANA JANE T. CANTOR AND


RAPHY T. CANTOR, through the undersigned counsel and unto this
Honorable Court, most respectfully states that:

1. On May 21, 2019, plaintiff, thru the undersigned counsel, filed


a Complaint for accion reinvindicatoria and damages against herein
defendants: Melvin Pamplona, Dahlia Pamplona, Gladys Domingo and
Danilo Guipoco, for the recovery of plaintiffs’ property in the concept of
an owner.

2. Thereafter, as appearing on the Sheriff’s Return dated June 17,


2019, process server Armando M. Malapitan caused the service of the
summons together with the copy of the Complaint and its annexes upon
defendants’ residential addresses respectively: No. 523 J.P. Rizal St.,
Vergara Mandaluyong City for spouses Pamplona and at No. 9 J.P. Rizal
St., Vergara, Mandaluyong City, for spouses Guipoco. Spouses Pamplona
received a copy of their summons together with the copy of the
Complaint and its annexes on June 11, 2019 while spouses Guipoco
received theirs on June 17, 2019. Said summons together with the
complaint and its annexes was duly received by Ms. Dahlia Pamplona for
spouses Pamplona and Ms. Gladys Domingo for spouses Guipoco, and
consequently, acknowledged receipt thereof.

3. Defendants then filed an Entry of Appearance together with a


Motion for Extension to File Answer on July 2, 2019. Said Motion prayed
for an extension of 15 days from July 2, 2019 within which to file their
Answer or Until July 17, 2019.

4. Accordingly, defendants have fifteen (15) days from April 25,


2018 or until May 10, 2018 within which to file their Answer and/or any
responsive pleading. But up to this writing and despite the lapse of the
period provided for by law, defendants had not filed any responsive
pleading nor asked for an extension of period to file the same.

5. Thus, in view of defendants’ evident failure to file any


responsive pleading on or before May 10, 2018, they should now be
declared in default pursuant to Section 3 of Rule 9 of the 1997 Rules of
Civil Procedure, which reads inter alia:

“If the defending party fails to answer within the time


allowed therefor, the court shall, upon motion of the claiming
party with notice to the defending party, and proof of such
failure, declare the defending party in default. Thereupon, the
court shall proceed to render judgment granting the claimant
such relief as his pleading may warrant, unless the court in its
discretion requires the claimant to submit evidence. Such
reception of evidence may be delegated to the clerk of court.”

6. All told, facts and circumstances of the instant case warrant


that defendants be declared in default and that the plaintiff should now
be allowed to present its evidence ex-parte for the purpose of
establishing its claim in its complaint.

WHEREFORE, it is most respectfully prayed for the Honorable


Court to:
(1) Declare defendants Fernando Khalil Laluna Oroza doing
business under the name and style of Oroza Enterprises,
Ferdinand Oroza, and Thaddeus Aquino in default; and

(2) Allow plaintiff to present its evidence ex-parte and thereafter


render a judgment granting the reliefs prayed for by the plaintiff
in its complaint.
OTHER RELIEFS AND REMEDIES, just and equitable under the
circumstances, are likewise prayed for.

RESPECTFULLY SUBMITTED this 4th day of June, 2018 in


Mandaluyong City for MANDALUYONG CITY.

OLIVA FIRME & ASSOCIATES


LAW FIRM
Counsel for the Plaintiff
Units 28/30, 2nd Floor, The Facilities Centre Bldg.,
No. 548 Shaw Blvd., Mandaluyong City
Tel. No. (02) 535-9231/(02) 535-9230
Website: www.dof-law.com
Email: [email protected], [email protected]

By:

NESAURO H. FIRME
PTR No. 3389567/01-04-2018/Mandaluyong City
IBP No. 019955/01-03-2018/Manila III
Roll No. 49311
MCLE Compliance No. V-0001891/April 30, 2014

-and-

CAMILLE S. PALMA
PTR No. 3369786/01-03-2018/Mandaluyong City
IBP No. 019959/01-03-2018/ RSM
Roll No. 68778
(Admitted as member of the Philippine Bar in 2017)

NOTICE OF HEARING

HON. BRANCH CLERK OF COURT


RTC 211, Mandaluyong City

FERNANDO KHALIL LALUNA OROZA


FERDINAND OROZA
THADDEUS AQUINO
Defendants
Unit 102, Shell Residences, Sunrise Drive,
Mall of Asia Complex, Pasay City

Greetings!

The undersigned is submitting this Motion for the kind


consideration and approval of this Honorable Court on June 22, 2018 at
8:00 AM.

CAMILLE S. PALMA

Copy furnished:

FERNANDO KHALIL LALUNA OROZA


FERDINAND OROZA
THADDEUS AQUINO
Defendants
Unit 102, Shell Residences, Sunrise Drive,
Mall of Asia Complex, Pasay City

EXPLANATION

Copy of the foregoing Motion is served by registered mail with


return card to the above-named defendants to their office address due to
lack of messengerial personnel in the law office.
CAMILLE S. PALMA

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