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    Real Estate Mortgage - Legal Forms

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    Ramon Angeles
    This document is a motion filed in a civil case in the Regional Trial Court of Zamboanga City, Philippines. The plaintiff filed a complaint against the defendant on February 9, 2019 and the defendant was served on February 14, 2019, requiring the defendant to file an answer by March 1, 2019. However, the defendant did not file an answer until March 5, 2019. The motion asks the court to declare the defendant in default for failing to file a timely answer, and to expunge the untimely answer from the record. It argues that based on Section 3, Rule 9 of the Rules of Civil Procedure, the defendant may be declared in default for failing to answer within the required time period. The motion requests a

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    © All Rights Reserved
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    Real Estate Mortgage - Legal Forms

    Uploaded by

    Ramon Angeles
    19 views3 pages
    This document is a motion filed in a civil case in the Regional Trial Court of Zamboanga City, Philippines. The plaintiff filed a complaint against the defendant on February 9, 2019 and the defendant was served on February 14, 2019, requiring the defendant to file an answer by March 1, 2019. However, the defendant did not file an answer until March 5, 2019. The motion asks the court to declare the defendant in default for failing to file a timely answer, and to expunge the untimely answer from the record. It argues that based on Section 3, Rule 9 of the Rules of Civil Procedure, the defendant may be declared in default for failing to answer within the required time period. The motion requests a

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    Motion to Declare Defendant in Default sample

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    This document is a motion filed in a civil case in the Regional Trial Court of Zamboanga City, Philippines. The plaintiff filed a complaint against the defendant on February 9, 2019 and the defendant was served on February 14, 2019, requiring the defendant to file an answer by March 1, 2019. However, the defendant did not file an answer until March 5, 2019. The motion asks the court to declare the defendant in default for failing to file a timely answer, and to expunge the untimely answer from the record. It argues that based on Section 3, Rule 9 of the Rules of Civil Procedure, the defendant may be declared in default for failing to answer within the required time period. The motion requests a

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    19 views3 pages

    Real Estate Mortgage - Legal Forms

    Uploaded by

    Ramon Angeles
    This document is a motion filed in a civil case in the Regional Trial Court of Zamboanga City, Philippines. The plaintiff filed a complaint against the defendant on February 9, 2019 and the defendant was served on February 14, 2019, requiring the defendant to file an answer by March 1, 2019. However, the defendant did not file an answer until March 5, 2019. The motion asks the court to declare the defendant in default for failing to file a timely answer, and to expunge the untimely answer from the record. It argues that based on Section 3, Rule 9 of the Rules of Civil Procedure, the defendant may be declared in default for failing to answer within the required time period. The motion requests a

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    1

    Republic of the Philippines


    Regional Trial Court
    9th Judicial Region
    Branch 15
    Zamboanga City

    RICHARD ABELLA,
    Plaintiff, CIVIL CASE NO. _________

    - versus - - for –

    COLLECTION OF A SUM OF MONEY


    AND DAMAGES WITH APPLICATION
    JASMINE ABUBAKAR, FOR A WRIT OF PRELIMINARY
    Defendant. ATTACHMENT
    x-----------------------------------------------x

    MOTION TO DECLARE DEFENDANTS IN DEFAULT


    AND MOTION TO EXPUNGE ANSWER FROM THE RECORD

    COME NOW, the Plaintiffs, through his undersigned counsel and unto
    this Honorable Court, most respectfully alleges that:

    1. Plaintiff filed a Complaint against herein Defendant on 09 February


    2019. Court records show that Defendant received the Summons on February
    14, 2019. Defendant, therefore, had fifteen (15) days from 14 February 2019
    to file her Answer or on 01 March 2019.

    2. However, Defendants failed to file her Answer within the given


    period and even failed to file any Extension to file such Answer after the lapse
    of the time allowed since they filed their Answer only on 05 March 2019.

    3. Section 3, Rule 9 of the 1997 Rules of Civil Procedure specifically


    provides that:

    a. “SEC. 3. Default; declaration of. – 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.”

    By Way of Motion to Expunge.

    4. Considering that Defendant’s Answer was filed beyond the allowed


    period provided by the Rules of Court which was on 01 March 2019 within
    2

    which to file her Answer. Such Answer should be Expunged from the Records
    for failure to observe the proper procedures provided by the Rules of Court.

    5. Hence, it is submitted that Defendant JasmineAbubakar, may now


    be declared in default for failure to file her Answer within the time allowed
    therefor, and the Answer be Expunged from the Records, and Plaintiff be
    allowed to present his evidence ex-parte or judgment be rendered forthwith
    granting herein Plaintiff such relief as the instant Complaint may warrant.

    PRAYER

    WHEREFORE, it is respectfully prayed that after due notice and


    hearing, that Defendant Jasmine Abubakar may now be declared in default
    for failure to file her Answer within the time allowed therefor, and the Answer
    be Expunged from the Records, and Plaintiff be allowed to present his
    evidence ex-parte or judgment be rendered forthwith granting herein Plaintiffs
    such relief as the instant Complaint may warrant.

    Plaintiff prays for such other reliefs as may be just and equitable in the
    premises.

    06 March 2019, City of Zamboanga, Philippines.

    A & B LAW FIRM


    Counsel for Defendant
    Professional and Occupational Manor
    Mayor Jaldon St., Canelar Zamboanga City
    Tel no. (062) 991-9999

    BY:

    AAA
    PTR NO. 0630574 – 01/03/18
    I.B.P. No. 896783-01/3/13 ZC
    MCLE No. IV – 0033913 -9/21/11
    Roll No. 63729

    NOTICE OF HEARING

    The Clerk of Court


    Branch 15, Regional Trial Court
    Zamboanga City

    GREETINGS:

    Please take notice that the undersigned shall submit the foregoing
    Motion to Declare Defendant in Default to the Honorable Court for Its
    consideration and resolution on 11 March 2019 at 2:00 o’clock in the
    afternoon or soon thereafter as counsel and matter may be heard.
    3

    AAA

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