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REPUBLIC OF THE PHILIPPINES
THIRD JUDICIAL REGION
Municipal Trial Court San Ildefonso, Bulacan
LESLIE LEGARDA SO, ROLANDO
DALIDA and LEONARDO M. REAL, Plaintiffs,
CIVIL CASE NO. 718
-versus- For: Forcible Entry and Damages
TRANQUILINO REYES, JENNILYN
SALVADOR, DOMINGO YABUT, ROLANDO DURAN, RENATO D. CRUZ, DONALD ENRIQUEZ, CAMAEL B. CRUZ, MARIO ENRIQUEZ, CATALINA BORJA, ZENAIDA E. SORIANO, GREGORIO V. SALVADOR and all persons claiming rights under them, Defendants. x------------------------------------------------x
MANIFESTATION AND MOTION
Plaintiff Rolando Dalida says:
1. On 22 September 2022 herein plaintiff attended the schedule
preliminary conference, sans counsel, considering that right to counsel is a personal right and the same is waivable.
2. That during the scheduled no defendants appeared including their
counsel. Likewise, defendants did not file their preliminary conference brief despite the issuance of an order directing them to submit the same as early as 18 February 2022.
3. That both non-appearance at the preliminary conference and failure
to submit preliminary conference brief shall merit the same sanction, “the plaintiff shall be entitled to judgment in accordance with Section a of the Rule1 Sections 9, 10, 11, and 12 of sail Rule Provides:
“Section 9. Effect of failure to answer. - Should the defendant fail to
answer the complaint within the period provided, the court, on its own initiative, or upon manifestation by the plaintiff that the period for filing an answer has already lapsed. Shall render judgment as may be warranted by the facts alleged in the complaint and its attachments, limited to what is prayed for therein.
1 A.M. No. 08-8-7-SC Section 10. Preliminary Conference; notice. - Within five (5) calendar days after the last responsive pleading is filed, the Branch Clerk of Court shall issue a Notice of Preliminary Conference, which shall be held within thirty (30) calendar days from the date of filing of such last responsive pleading. The rules on pre-trial under Rule 18 of the 2019 Amendments to the 1997 Rules of Civil Procedure shall be applicable to the Preliminary Conference, unless inconsistent.
The Notice of Preliminary Conference shall include the dates
respectively set for:
a) Preliminary Conference (within 30 calendar days from filing of the
last responsive pleading); b) Court-Annexed Mediation (within an inextendible period of 30 calendar days from the date of referral for mediation); and c) Judicial Dispute Resolution, in the court’s discretion (within an inexptendible period of 15 calendar days from notice of failure of the Court-Annexed Mediation).
Non-appearance at any of the foregoing setting shall be deemed as
non-appearance at the Preliminary Conference and shall merit the same sanctions under Section 12 of this Rule.
Section 11. Preliminary Conference Brief. - The parties shall file with the court and serve on the adverse party in such a way as to ensure receipt, at least three (3) calendar days before the scheduled Preliminary Conference, their respective Preliminary Conference Briefs, which shall contain, among others;
a) A Summary of admitted facts;
b) A summary of disputed facts and proposals for stipulations on the same; c) A statement of factual and legal issues; and d) A list of testimonial, object, and other documentary evidence offered in support of the party’s c;aims or defenses, and their marking, if any.
Failure to submit a Preliminary Conference brief within the period
given shall merit the same sanction as non-appearance at the Preliminary Conference.
Section 12. Appearance at Preliminary Conference. - It shall be the
duty of the parties and their counsel to appear at the Preliminary Conference, Court-Annexed Mediation, and Judicial Dispute Resolution, if the latter is ordered by the court. The non-appearance of a party and/or counsel may be excused only for acts of God, force majeure, or duly substantiated physical inability.”
4.
PRAYER Premises considered, it is respectfully prayed that judgment be rendered in this case against all the defendants except defendant Domingo Yabut and Camael B. Cruz who filed their Answer pursuant to Section 6 of the Revised Rule on Summary Procedure and Section 7 Rule 70 of the Revised Rules of Court. Likewise, the Answer of non-parties to this case shall be expunged from the records and an alias summons be issued against defendant Rolando Duran who was not served by summons issued by the Honorable Court.
Other measures of relief are likewise prayed for.
Antipolo City for San Ildefonso, Bulacan.
March 24, 2022.
LEONARDO M. REAL Plaintiff/Attorney-In-Fact
NOTICE OF HEARING
THE CLERK OF COURT
Municipal Trial Court San Ildefonso, Bulacan
TRANQUILINO REYES JENNILYN SALVADOR RENATO D. CRUZ DONALD ENRIQUEZ MARIO ENRIQUEZ CATALINA BORJA ZENAIDA E. SORIANO GREGORIO V. SALVADOR Defendants
Sir/Madam:
Please submit the foregoing Motion To Render Judgment With Motion To Issue Alias Summons for consideration and approval of this Honorable Court on 01 April 2022 at 9:00 AM.
LMR
Copy furnished:
TRANQUILINO REYES JENNILYN SALVADOR RENATO D. CRUZ DONALD ENRIQUEZ MARIO ENRIQUEZ CATALINA BORJA ZENAIDA E. SORIANO GREGORIO V. SALVADOR Brgy. Gabihan, San Ildefonso, Bulacan
EXPLANATION
Copy of the foregoing With Motion To Render Judgment With Motion To Issue Alias Summons is being served to the opposing parties by registered mail/LBC for lack of messenger to deliver the same. The Honorable Court’s understanding and consideration is respectfully requested.
LMR
VERIFICATION
I, LEONARDO M. REAL, of legal age, Filipino after having been duly
sworn in accordance with the law hereby depose and say that I am one of the plaintiffs and the Attorney-in-fact of the of co-plaintiffs in the above–titled case, which caused the preparation of the foregoing pleading and that the allegation therein are true and correct of my personal knowledge and belief based on the authentic documents in my possession.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
March 2022 at Antipolo City.
LEONARDO M. REAL Affiant ID No. 0062403 Issued by PRC
SUBSCRIBED AND SWORN to before me in the City of Antipolo this ____ day of March 2022, personally known to me, who is the same person who personally signed before me the foregoing complaint and acknowledged that he executed the same.
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides
