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    Motion To Declare in Default

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    Isse Nvrro
    This document is an ex parte motion filed in the Regional Trial Court of Lapu-Lapu City, Philippines requesting that Orangeville Development Corporation be declared in default. The motion states that Orangeville Development Corporation was served summons by publication which ran for three consecutive weeks in The Philippine STAR newspaper, but failed to file an answer within the required 60 day period. The motion requests that Orangeville Development Corporation be declared in default pursuant to the rules of civil procedure and that the plaintiffs be allowed to present evidence ex-parte, with the court to render a judgment granting relief warranted by the complaint and proven facts.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Motion To Declare in Default

    Uploaded by

    Isse Nvrro
    198 views3 pages
    This document is an ex parte motion filed in the Regional Trial Court of Lapu-Lapu City, Philippines requesting that Orangeville Development Corporation be declared in default. The motion states that Orangeville Development Corporation was served summons by publication which ran for three consecutive weeks in The Philippine STAR newspaper, but failed to file an answer within the required 60 day period. The motion requests that Orangeville Development Corporation be declared in default pursuant to the rules of civil procedure and that the plaintiffs be allowed to present evidence ex-parte, with the court to render a judgment granting relief warranted by the complaint and proven facts.

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    Original Title

    MOTION TO DECLARE IN DEFAULT

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    This document is an ex parte motion filed in the Regional Trial Court of Lapu-Lapu City, Philippines requesting that Orangeville Development Corporation be declared in default. The motion states that Orangeville Development Corporation was served summons by publication which ran for three consecutive weeks in The Philippine STAR newspaper, but failed to file an answer within the required 60 day period. The motion requests that Orangeville Development Corporation be declared in default pursuant to the rules of civil procedure and that the plaintiffs be allowed to present evidence ex-parte, with the court to render a judgment granting relief warranted by the complaint and proven facts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    198 views3 pages

    Motion To Declare in Default

    Uploaded by

    Isse Nvrro
    This document is an ex parte motion filed in the Regional Trial Court of Lapu-Lapu City, Philippines requesting that Orangeville Development Corporation be declared in default. The motion states that Orangeville Development Corporation was served summons by publication which ran for three consecutive weeks in The Philippine STAR newspaper, but failed to file an answer within the required 60 day period. The motion requests that Orangeville Development Corporation be declared in default pursuant to the rules of civil procedure and that the plaintiffs be allowed to present evidence ex-parte, with the court to render a judgment granting relief warranted by the complaint and proven facts.

    Copyright:

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

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    7th Judicial Region
    BRANCH 54
    Lapu-Lapu City

    LUCRICIA BARING TANEO,


    DIOSCORO BARING, JESUS CIVIL CASE No. R-LLP-17-02256-CV
    SENERPIDA IGOT, MACARIO
    IGOT, NESTOR REMULTA For: DECLARATION OF NULLITY
    PINO, MIGUEL REMULTA OF TITLE with DAMAGES
    IGOY, JUAN INIHAO, JERRY
    TIOK and EVANGELINE
    TALINGTING,
    Plaintiffs,

    -versus-

    ORANGEVILLE DEVELOPMENT
    CORPORATION,
    Defendant.

    X- - - - - - - - - - - - - - - - - - - - - - - - - -/

    EX PARTE MOTION TO DECLARE


    DEFENDANT IN DEFAULT

    Plaintiffs, by counsel and unto this Honorable Court,


    respectfully state that:

    1. The records of the Honorable Court show that a


    Summons by Publication was effected upon the defendant upon motion by
    the plaintiffs and by Order granting such motion issued by this Honorable
    Court on March 11, 2019;

    2. The Summons by Publication was published once a week


    for three (3) consecutive weeks in a newspaper of general circulation in the
    Philippines; it was published by PhilSTAR Daily, Inc., a domestic corporation
    duly organized and existing under Philippine laws, in The Philippine STAR in
    its issues on April 24, May 1, and May 8, 2019 evidenced by the Affidavit of
    Publication with newspaper clippings copies of which are hereto attached as
    Annexes “A”, “A-1”, “A-2”, and “A-3”;

    1
    3. However, upon verification, the records show that
    defendant Orangeville Development Corporation failed to file its Answer
    within the reglementary period of sixty (60) days from the date of last
    publication of the Summons on May 8, 2019 as directed in said Summons
    pursuant to the Revised Rules of Court

    4. In view of the failure of the above-named defendant to


    file its responsive pleading within the prescribed period, the defendant may
    now be validly declared in default pursuant to Section 3, Rule 9 of the 1997
    Rules of Civil Procedure which provides:

    “Section 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.”

    5. This motion is filed in all good faith.

    PRAYER

    WHEREFORE, it is most respectfully prayed that defendant


    Orangeville Development Corporation be declared in default pursuant to
    Section 3, Rule 9 of the 1997 Rules of Civil Procedure and that the plaintiffs
    be allowed to present evidence ex-parte and that judgment be rendered
    granting them such relief as the complaint and the facts proven may
    warrant.

    Other reliefs, just and equitable under the given circumstances,


    are likewise prayed for.

    Cebu City, Philippines, September 18, 2019.

    COUNSEL

    2
    THE BRANCH CLERK OF COURT
    RTC, BRANCH 54, Lapu-Lapu City

    Greetings:

    Please submit the foregoing motion for the consideration and


    approval of the Honorable Court upon receipt hereof.

    COUNSEL

    Copy furnished:

    ORANGEVILLE DEVELOPMENT
    CORPORATION
    Suite 109, Madrigal Building
    Escolta, Binondo
    Metro Manila

    Explanation:

    Service is done by registered mail to the last known address of


    the defendant due to far distance.

    COUNSEL

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