Motion to Declare Defendant in Default - Part 2

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT QUEZON CITY, BRANCH 104

FLORDELINDA A. HADUCA, Plaintif, - versus –

Civil Case No. R-QZN-1401385-CV For: Sum of Money and Damages

ELIZABETH A. MACABASCO, Defendant. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -- --------x

MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel, most respectfully states: 1.

By virtue of the Order of this Honorable Court dated 18

September 2014, a Summons by Publication was made in accordance with Section 14, Rule 14 of the Revised Rules of Court.

2.

Accordingly, herein Plaintiff submitted a Compliance

dated 26 February 2015 informing this Honorable Court that on 17 November 2014, copies of the Complaint dated 02 January 2014 and Summons dated 03 October 2014 were served upon

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Defendant Elizabeth A. Macabasco by publication through PINAS Newspaper. 3.

Despite the lapse of more than five (5) months after

the service of Summons by Publication, Defendant still failed to appear

before

this

Honorable

Court.

Since

Plaintiff

has

sufficiently complied with the Rules of Court on substituted service of summons, this Honorable Court has already acquired jurisdiction over Defendant Elizabeth A. Macabasco.

4.

Under these circumstances, the Honorable Court may

now declare Defendant in default and proceed to render judgment based on the Complaint dated 02 January 2014, or allow Plaintiff to present evidence ex parte pursuant to Section 3, Rule 9 of the Revised Rules of Court which provides: “Sec. 3. --

If

the

answer

Default, declaration of.

defending

within

party

the

time

fails

to

allowed

therefor, the court shall, upon motion of the claiming party with notice to the

defending

party,

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,

3

requires

the

claimant

to

submit

evidence. Such reception of evidence may be delegated to the clerk of court.”

PRAYER WHEREFORE, Plaintiff respectfully prays that this Honorable Court: 1. Declare Defendant in default; and 2.

Render judgment in accordance with the

reliefs prayed for in the Complaint; or 3.

Issue an Order allowing Plaintiff to present evidence ex parte, preferably before the

Branch Clerk of Court.

Plaintiff prays for such other reliefs as may be deemed just and equitable. Quezon City, 13 May 2015.

INFANTE OPERARIO LAW Counsel for Plaintif 6 Nepomuceno St., BF Homes, Quezon City Telephone No. (632) 506-9322 By:

4

RHENELLE MAE O. OPERARIO PTR No. 4755610; 01-06-15; Makati City IBP Lifetime No. 010674; Pasig City Roll of Attorneys No. 60513 MCLE Compliance No. IV-0012104, 30 January 2013

COLLEEN S.R. INFANTE PTR No. 4755611; 01-06-15; Makati City IBP Lifetime No. 013586; Quezon City Roll of Attorneys No. 62385 MCLE Compliance No. V-0007047, 06 April 2015

NOTICE

OF

HEARING

TO THE BRANCH CLERK OF COURT Regional Trial Court Quezon City, Branch 104 ELIZABETH A. MACABASCO No. 21 Hopetown St., Laguna Bel-Air 2, Sta. Rosa, Laguna Greetings: Please submit the foregoing Motion to Declare Defendant in Default for the consideration and approval of this Honorable Court on 22 May 2015 at 8:30 o’clock in the morning.

COLLEEN S.R. INFANTE

EXPLANATION (Pursuant to Rule 13, Sec. 11

5

1997 Rules of Civil Procedure) Copies of the foregoing Motion to Declare Defendant in Default were filed with this Honorable Office and sent to other party through registered mail due to time constraints and lack of office personnel to effect personal service.

COLLEEN S.R. INFANTE Copy furnished: ELIZABETH A. MACABASCO ________ Defendant No. 21 Hopetown St., Laguna Bel-Air 2, Sta. Rosa, Laguna

Registry

Receipt

______________ CPO 13 May 2015

No.