Comment on the Motion for Reconsideration

Republic Republic of the t he Philippines REGIONAL TRIAL COURT COURT

10th Judicial Region Branch 15, Ozamiz City

PETITIONER

Petitioner, Ciil Case !o" O#C 11111 $ersus$

%or& 'peci(c Performance and )amages

RESPONDENTS

Respondents" *$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$+ COMMENT

Re& -otion for Reconsideration of the Order dated 'eptember 5, .01/ Petit etitio ione nerr by coun counse sel, l, to the the ono onora rabl ble e Cour Courtt most ost respectfully respectfully comments on the -otion for Reconsideration Reconsideration of the Order dated 'eptember 5, .01/" 1" On Octob October er 1, .01/, .01/, this this repr represe esentat ntation ion recei receied ed the -otion -otion for Reconsi econside derat ration ion (led (led by the defen defendan dant2s t2s counsel, as3ing the onorable Court to reconsider its Order of )efault dated 'eptember 5, .01/ and to set a scheduled date for the continuance of pre$trial of the aboe entitled case" ." )uring the scheduled scheduled pre$trial pre$trial last 'eptember 'eptember 5, .01/, .01/, defe efenda ndants nts and the their couns ounse el 4ere not not present sent"" ccording to their counsel, he 4as sic3 so he 4asn2t able to appear on the said pre$trial" ."1" )efendants and their counsel should hae informed this onorable Court that they 4ill not be able to appear on the scheduled pre$trial or (led a postponement or resetting thereof"

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."." ccording ccording to the Ciil Ciil Procedure& Procedure& Rule 1/ Pre$6 Pre$6rial& Sec. 4. Appearance of parties. parties.  - It shall be the duty of the parties and their counsel to appear at  the pre-trial. The non-appearance of a party may  be excused only if a valid cause is shown therefor  or if a representative shall appear in his behalf  ful fully auth uthorized in writing to enter into an amic amicab able le sett settle leme ment, nt, to su subm bmit it to alte altern rnat ativ ive e mode modes s of disp disput ute e reso resolu luti tion, on, and and to ente enterr into into stipulations or admissions of facts and of  documents. Sec. 5. E Sec. Eec ectt of failu ailure re to appe appear  ar " –  6he failure of the plainti to appear when so required  pursuant to the next preceding section shall be cause for dismi dismissal ssal of the action. action. The dismiss dismissal al shall be with preudice, unless otherwise ordered by the court. court. ! similar similar failure failure on the part part of the defendant shall be cause to allow the plainti to  present his evidence ex parte and the court to render udgement on the basis thereof. ."7" 6he purpose of the pre$trial is to e*pedite proc procee eedi ding ngs, s, but but the the non$ non$ap appe pear aran ance ce of the the defe defend ndan ants ts and and thei theirr coun counse sell has has dela delaye yed d the the proceedings proceedings of this case" 7" -or -oreoer, er, defend fendan ants ts and the their couns ounse el fai failed led to submit the re8uisite pre$trial brief" 7"1" ccording ccording to the Ciil Ciil Procedure& Procedure& Rule 1/ Pre$ Pre$6 6rial& Section 6. "re-trial 6. "re-trial brief. # The parties shall $le with the court and serve on the adverse party, in such manner as shall ensure their receipt thereof  at least three %&' days before the date of the pretrial, their respective pre-trial briefs... (ail (ailure ure to $le $le the the prepre-tr tria iall brie brieff sh shal alll have have the the same eect as failure to appear at the pre-trial.

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9" ence, the Court should deny the -otion Reconsideration On 6he Order of )efault"

for

:;R :;R;% ;%OR OR;, ;, prem premis ises es cons consid ider ered ed,, it is respe espect ctfu full lly y praye rayed d to the the ono onora rab ble Court ourt to );!< );!< the the -ot -otion ion for Reconsideration On 6he Order of )efault and to '='6>! its Order dated 'eptember 5, .01/"

Ozamiz City, Philippines" 05 -arch .01?"