REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th JUDICIAL REGION
BRANCH IX
DAVAO CITY

ALJON DUNGOG
Plaintiff,

Civil Case No. 583637

- versus - For: Partition

ANGELO CADUNGOG
Defendant.
x---------------------------------------x

MOTION TO ADMIT
(Attached Answer to the Complaint dated December 26, 2019)

Defendant Angelo Cadungog, through counsel, and unto this

Honorable Court most respectfully seeks the admission of the attached
Answer to Complaint dated December 26, 2019, and in support thereof,
states that:

1. On January 24, 2020, POT received a summons from this Honorable

Court requiring her to file an Answer within fifteen (15) days after
service. However, due to financial constraint, Defendant was not able
to timely secure the services of counsel to represent her in the instant
case.

2. It was only on February 14, 2020, when the services of the

undersigned counsel was engaged. Forthwith, this representation
carefully evaluated the Complaint and all related documents
necessary to draft an intelligent Answer. However, it still took him
more than two (2) days to complete this Answer.

3. While a defendant is required to file an Answer to the Complaint

within fifteen (15) days after service of summons, the court may
 allow an answer or other pleading to be filed after the time fixed by
these Rules. Additionally, the court may allow the admission of an
Answer belatedly filed when it is due to the following: [1] excusable
negligence; [2] the defendant has meritorious defenses; [3] it was
filed before defendant is declared in default; and [4] that the late
filing of the answer did not in any way prejudice or deprive the
plaintiff of any substantial right, nor was there intention to unduly
delay the case.

4. Pot, through counsel, is filing this Motion to Admit attached Answer

based on the foregoing grounds and in the interest of substantial
justice.

WHEREFORE, it is respectfully prayed in this Honorable Court to grant

this Motion and issue an order admitting the attached Answer.

OTHER RELIEFS just and equitable under the foregoing premises are
likewise prayed for.

Davao City, Philippines, February 28, 2020.

(SGD) ZUSMITHA D. SALCEDO

Counsel for Defendant
Commission Serial No. 2018-2364-2019
Until December 31, 2020
Attorney’s Roll No. 56754
PTR NO. 674939 B; 01-03-19; Davao City
IBP O.R. No. 47327; -01-08-19; Davao City
MCLE COMPLIANCE NO. 573761163
ADDRESS: Fr. Selga Street, Bankerohan, Davao City
 NOTICE OF HEARING

To:
ATTY. JEAN MARIE LAURENTE
Counsel for the Plaintiff
LAURENTE LAW OFFICE
Santos Building, 2nd Floor
Ilustre, Davao City

GREETINGS!

Please take notice that on Monday, March 9, 2020 at 8:00am., or as soon

thereafter as counsel may be heard, the undersigned asks this Honorable
Court to approve the foregoing Motion to Admit Attached Answer.

(SGD.) ZUSMITHA D. SALCEDO

Counsel for Defendant

Copy furnished by Registered Mail:

ATTY. JEAN MARIE LAURENTE

Counsel for the Plaintiff
LAURENTE LAW OFFICE
Santos Building, 2nd Floor
Ilustre, Davao City

Thru: Philpost
Receipt No.: 5837382
Dated: February 28, 2020
 EXPLANATION FOR MAILING

The undersigned counsel most respectfully manifests that copies of the

above Motion was served to the above-named address by registered mail in
lieu of personal service because of lack of manpower to effect the personal
service.

(SGD.) ZUSMITHA D. SALCEDO

Counsel for Defendant