Robin K. Yllana was declared in default by the court for failing to file an answer to a civil case brought against her by Uni Bank within the required period. Yllana filed a motion for reconsideration requesting the court set aside the default order and admit her attached answer. She claims she did not receive a copy of the complaint or any summons from the court regarding the case. Only on August 30, 2019 did she receive a copy of the default order issued on September 11, 2019. She is requesting the court show compassion and admit her late answer in the interest of substantial justice.
Robin K. Yllana was declared in default by the court for failing to file an answer to a civil case brought against her by Uni Bank within the required period. Yllana filed a motion for reconsideration requesting the court set aside the default order and admit her attached answer. She claims she did not receive a copy of the complaint or any summons from the court regarding the case. Only on August 30, 2019 did she receive a copy of the default order issued on September 11, 2019. She is requesting the court show compassion and admit her late answer in the interest of substantial justice.
Robin K. Yllana was declared in default by the court for failing to file an answer to a civil case brought against her by Uni Bank within the required period. Yllana filed a motion for reconsideration requesting the court set aside the default order and admit her attached answer. She claims she did not receive a copy of the complaint or any summons from the court regarding the case. Only on August 30, 2019 did she receive a copy of the default order issued on September 11, 2019. She is requesting the court show compassion and admit her late answer in the interest of substantial justice.
MUNICIPAL TRIAL COURT IN CITIES Branch 1, Baguio City UNI BANK, Co. Plaintiff - versus CIVIL CASE NO. 69980 ROBIN K. YLLANA, Defendant. x - - - - - - - - - - - - - - -x
MOTION FOR RECONSIDERATION
(to Set Aside Order of Default and to Admit Attached Answer)
DEFENDANT, assisted by the undersigned counsel, respectfully states that:
1. Defendant was declared to be in default on September 11, 2019 when she failed to file her answer within the reglementary period. 2. Defendant pleads for a reconsideration of the said Order for the reason that she did not receive a copy of the complaint nor any summons from this Honorable Court regarding the above cited case. She only received on August 30, 2019 a copy of the Order dated September 11, 2019, already declaring her in default. She immediately sought assistance from the Public Attorney's Office to avail of any remedies. 3. In the interest of substantial justice and for the reason earlier stated, defendant requests the compassion of this Honorable Court to admit her attached Answer. 4. Delay in the proceedings of this case was never intended.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court to set
aside the Order of default and to admit the attached Answer. Other just and equitable remedies are likewise prayed for. Baguio City, September 20, 2019.
ATTY. TREMORLYN E. GALLENTE
Counsel for the Defendants Room 9 Lopez Bldg., Session Road, Baguio City PTR No. 2190759; 05/03/2019; Baguio City IBP OR No: 1008020; 05/03/2019; Baguio City Roll No.: 69888; 04/09/2019 Baguio City, Philippines TIN No. 500-285-659-000
NOTICE OF HEARING
The Branch Clerk of Court
Municipal Trial Court in Cities Branch 1, Baguio City ATTY. LOUELLA F. JOVEN Counsel for the Plaintiff Greetings: Please submit the foregoing for the consideration and approval of this Honorable Court at the soonest possible time.
ATTY. TREMORLYN E. GALLENTE
COPY FURNISHED ATTY. LOUELLA F. JOVEN Counsel for the Plaintiff 3F Insular Life Bldg., Abanao St, Baguio City