Motion To Lift Default Order

 

Republic of the Philippines Sixth Judicial Region REGIONAL TRIAL COURT Branch 1, Bacolod City

ARYA A. STARK,

Plaintiff,  Civil Case No. 1777-08 Replevin

- versus -

LANNISTER’S

GARAGE;

 JAMIE LANNISTE LANNISTER, R, Defendant.

x----------------------x MOTION TO LIFT ORDER OF DEFAULT AND TO ADMIT ATTACHED ANSWER

DEFENDANT, through his undersigned counsel, unto this Honorable Court, most respectfully state that: 01. Defendant was declared in default on January 27, 2018 by this Honorable Court when he failed to file his answer within the reglementary period. Copy of the Court Order Order is hereto attached as  ANNEX “   A” .

02. Garci, Defendant ffailed ailedat to anwas Answer because Atty. Margarine his counsel thatfile time, ill and was eventually admitted to the Philippine Heart Center for an emergency operation. Said operation was on January 23, 2018, three (3) days before the end of the reglementary period to file the Answer. Copy of of Medical Certificate is hereto attached as ANNEX “ B” . 03. Atty. Margarine Garci was in no condition to draft an Answer for the Defendant nor did he had the capacity and means to notify his clients and his staff of such condition. 04. Defendant only learned of the condition of Atty. Garci a day before the reglementary period was to end, which was already too late to look for a new counsel.

 

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05. Defendant prays for a reconsideration of the said Order for the reason that his counsel at that time was in a state of medical emergency and was unable to defend his rights and honor in court. 06. The said condition of Defendant’s former counsel constitutes as Accident which is one of the grounds for relief from order of default, a remedy available for Defendant under the Rules of Court. 07. In the interest of substantial justice and for the reason earlier stated, defendant prays for the compassion of this Honorable Court to admit the attached Answer. Delay in the proceedings of this case was never intended.

PRAYER WHEREFORE,

it is most respectfully prayed of the Honorable Court to lift the said Order of Default and admit the attached Answer.  RESPECTFULLY  RESPECT FULLY SUBMITTE SUBMITTED D.

09 February 2018, Bacolod

City, Philippines. 

MACKY ZAFRA Roll of Attorneys No. 66213

IBP No. 1288732 [01.12.201 [01.12.2015] 5] Negros Occidental PTR No. 002451 [01.12.2015] Bacolod City MCLE Compliance No. IV-0009222 [07.22.2016] COUNSEL OF THE RESPONDENTS

ZAFRA, BAYLIN & GEROLIN LAW OFFICES 7th Floor, MZ3 Building, Lacson Street,

6100 Bacolod City, Philippines

 

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Copy Furnished:

Arya A. Stark Complainant Castle Street, Winterfell Subdivision, Bacolod City, Philippines