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Motion To Declare Defendant in Default - Form

This document is a motion filed in a civil case in the Regional Trial Court of Digos City, Davao del Sur, Philippines. The motion asks the court to declare the defendant in default, as the defendant failed to file an answer or responsive pleading within the required period after being served with the summons and complaint. The motion also states that the defendant failed to appear at other court proceedings. The plaintiff is requesting that the defendant be declared in default so that the plaintiff can present evidence ex-parte and the court can render a judgment based on the complaint.

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Martin Martel
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864 views

Motion To Declare Defendant in Default - Form

This document is a motion filed in a civil case in the Regional Trial Court of Digos City, Davao del Sur, Philippines. The motion asks the court to declare the defendant in default, as the defendant failed to file an answer or responsive pleading within the required period after being served with the summons and complaint. The motion also states that the defendant failed to appear at other court proceedings. The plaintiff is requesting that the defendant be declared in default so that the plaintiff can present evidence ex-parte and the court can render a judgment based on the complaint.

Uploaded by

Martin Martel
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch ___
Digos City, Davao del Sur

__________________________ CIVIL CASE NO. _____


Plaintiffs,
FOR: Recovery of Possession
-versus- and Ownership, Damages
and Attorney’s Fees.
_____________________________
Defendants.

x----------------------------------x

MOTION TO DECLARE DEFENDANT


IN DEFAULT
COMES NOW, Plaintiffs, by counsel, and unto this Honorable Court,
respectfully submits this Motion to Declare Defendant in Default in compliance
with this Honorable Court’s Order, and states that:

1. That records of the Honorable Court show that defendants’


____________________, respectively were served summons and of the
complaint, together with its Annexes in the above-captioned case;

2. Upon verification however, the records show that defendants failed


to file their separate answers or responsive pleading within the reglementary
period set forth by the Rules receipt of the summons and the complaint;

3. Moreover, as per court records, defendants’ ___________________ also


failed and did not appear in other proceedings despite receipt of this
Honorable Court’s processes setting this case for Pre-Trial Conference and
Mediation;

4. In view of the foregoing, it is respectfully prayed that defendants’


______________________ be declared in default pursuant to the Rules of Court
and that the Honorable Court proceed to render judgment as the complaint
may warrant.
PRAYER

WHEREFORE, premises considered, it is respectfully prayed unto this


Honorable Court that the Defendants’ _______________________ be declared
in default, and the Plaintiff be allowed to present in ex-parte and that the
Honorable Court proceed to render judgment as the complaint may
warrant.

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Such other reliefs as to this Honorable Court may appear as just and
equitable are otherwise being prayed for.

Respectfully submitted, this 13th day of February 2020, Digos City,


Davao del Sur.

BY:

__________________________

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


RTC Branch
Digos City, Davao del Sur

Greetings!

Please take notice that the Motion to Declare Defendant


___________________ in Default shall be submitted for the consideration and
approval of the Honorable Court on February 17, 2020 with presence of
counsel.

______________________

EXPLANATION

Copy of the foregoing Motion to Declare Defendant


_____________________ in Default were 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).

______________

Copy Furnished:

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