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Motion To Render Judgment - Form

This document is a motion filed in a municipal trial court in the Philippines requesting a judgment in an ejectment and damages civil case. It summarizes that the plaintiff filed a complaint, the defendant was properly served but failed to file an answer within the required time period. The motion requests the court render judgment in favor of the plaintiff, ordering the ejectment of the defendant from the subject property and payment of damages and attorney's fees as sought in the original complaint. A notice is included that the motion will be heard by the court on a specified date.

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Martin Martel
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1K views

Motion To Render Judgment - Form

This document is a motion filed in a municipal trial court in the Philippines requesting a judgment in an ejectment and damages civil case. It summarizes that the plaintiff filed a complaint, the defendant was properly served but failed to file an answer within the required time period. The motion requests the court render judgment in favor of the plaintiff, ordering the ejectment of the defendant from the subject property and payment of damages and attorney's fees as sought in the original complaint. A notice is included that the motion will be heard by the court on a specified date.

Uploaded by

Martin Martel
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

11th Judicial Region


MUNICIPAL TRIAL COURT
Sta. Cruz,
Province of Davao del Sur

______________________ CIVIL CASE NO. _______


Plaintiff,

-versus- FOR: EJECTMENT (UNLAWFUL


DETAINER), DAMAGES and
ATTORNEYS FEES.
______________________,
Defendant.
x-----------------------------------------------------x

MOTION TO RENDER JUDGMENT


COMES NOW, PLAINTIFF ___________________, through the
undersigned counsel and to this Honorable Court, most respectfully assert
and state THAT:

1. On August 5, 2019, this Honorable Court issued summons and the


Order directing the defendant to file his answer to the complaint within
10 days from receipt of such summons;

2. On August 13, 2019, the process server certified that he caused


the service of the summons and order to defendant personally at New
Victor, Brgy. Zone 2, Sta. Cruz, Davao del Sur and which was also
personally received by the defendant;

3. Unfortunately, after defendant received the summons and the


Orders of the Court on August 13, 2019, no answer was ever received by
the undersigned nor filed with the Honorable Court up to this date;

4. Without any other recourse, Plaintiff files this Motion in good faith
pursuant Sec. 7, Rule 70 of the 1997 Rules of Civil Procedure, praying for
the rendition of Judgment in favor of the plaintiff for The immediate
dispossession or Ejectment of the defendant, his family and other
occupants under his authority of the subject premises and for the

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restitution of the above-mentioned properties to herein plaintiff, to be
awarded damages and attorney’s fees as alleged and prayed for in the
complaint.
PRAYER

WHEREFORE PREMISES CONSIDERED, it is respectfully prayed of this


Honorable Court that motion be Granted and judgment be rendered in
favor of the plaintiff for;

a. The immediate dispossession or Ejectment of the defendant, his


family and other occupants under his authority of the subject
premises and for the restitution of the above-mentioned properties
to herein plaintiff; and

b. For the payment of damages in the amount of not less than Fifty
Thousand Pesos (Php50,000.00), as Temperate damages, Twenty-
Five Thousand (Php25, 000.00) pesos by way of Exemplary
damages, Twenty-Five Thousand (Php 25, 000.00) pesos as
Attorneys’ Fee and cost of the suit.

Other reliefs, just and equitable under the premises are likewise prayed
for.

MOST RESPECTFULLY SUBMITTED.

This 18th day of September, 2019, in the City of Digos, Province of


Davao del Sur, Philippines.

By:

_______

NOTICE OF HEARING

THE CLERK OF COURT


MTC
Sta. Cruz, Davao del Sur

Greetings!

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Please take notice that the foregoing Motion shall be submitted for
the consideration and approval of the Honorable Court on September
26, 2019 with presence of counsel.

Copy furnished:

____________________
____________________

EXPLANATION

Copy of the foregoing Motion was furnished to the other parties by way
of registered mail only and not by personal service, by reason of lack of
personnel and distance constraints to effect personal form of service
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Procedure).

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