Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 211
MANDALUYONG CITY

AUREO A. LERIO,
Plaintiff,

- versus - Civil Case No. MC11-5758

For: DAMAGES

PEEWEE JOCSON and

SUK HIM LAU TAI
Defendants.
X --------------------x

MOTION TO RENDER
JUDGMENT BY DEFAULT
(AGAINST DEFENDANT PEEWEE JOCSON)

COMES NOW, PLAINTIFF, through the undersigned counsel, unto

this Honorable Office, respectfully aver that:

1. On October 12, 2011, summons, together with a copy of the

Complaint and its annexes, issued by the Honorable Court was duly
served upon respondents through MARITES PEPITO, of legal age,
stay-in kasambahay and claimed to be duly authorized to receive
documents on behalf of the defendants at their residence indicated in
the complaint;

2. Defendant PEEWEE JOCSON had fifteen (15) days from

October 12, 2011 or until October 27, 2011 to submit his Answer or
any responsive pleading. Up to this date, no motion, answer or any
appropriate pleading was filed by defendant PEE WEE JOCSON
despite receipt of the summons served by the court sheriff at its last
known address.

3. On December 12, 2011, the undersigned counsel filed a motion

to declare Defendant Peewee Jocson In Default.

4. On December 16, 2011, the Honorable Court granted the

motion to declare defendant PEE WEE JOCSON in default.

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 5. Up to this date, no motion for reconsideration , motion to lift
order of default or any appropriate pleading for that matter was filed
by defendant PEE WEE JOCSON.
6. Hence, it is ripe and appropriate for the plaintiff to ask the
Honorable Court to render judgment by default against defendant
PEE WEE JOCSON in accordance with Rule 9, Section 3 of the
Rules of Civil Procedure , to wit;

Sec. 3. Default; declaration of.

 
If the defending party fails to answer within the time
allowed therefor, the court shall, upon motion of the
claiming party with notice to the defending party, and
proof of such failure, declare the defending party in
default. Thereupon, the court shall proceed to render
judgment granting the claimant such relief as his
pleading may warrant, unless the court in its discretion
requires the claimant to submit evidence. Such reception
of evidence may be delegated to the clerk of court.
(Emphasis Ours)

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court, to render judgment by default against defendant PEE
WEE JOCSON by granting the relief prayed for in the complaint specifically
holding PEEWEE JOCSON and SUK HIM LAU TAI solidarily liable to
pay:
(1) Php 50,000.00 for the death of late Guillermo M. Lerio
(2) Php 1,622,740.40 for unearned income plus interest from date of
demand;
(3) Php 63,040.00 for burial expenses;
(4) Php 100,000.00 for moral damages;
(5) Php 100,000.00 for exemplary damages;
(6) Php 100,000.00 for Attorney’s Fees
(7) Cost of Suit

Other reliefs just and equitable are likewise prayed for.

November 7, 2012
City of Manila for Mandaluyong City.

BERNARDO FUENTES & ASSOCIATES

LAW OFFICES
1458 Laon Laan cor. Navarra St., Sampaloc Manila
TELFAX No.7430916 TEL No. 3483360

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 ERIC P. FUENTES
Roll of Attorney’s No. 51826
IBP No. 836943/ Ortigas, Pasig City/ 11.19.10(CY ’11-‘12)
PTR No. 0343049/City of Manila/ 01.03.11
MCLE III Compliance No. 0012523/ 04.15.10

NOTICE OF HEARING

The Branch Clerk of Court

RTC, Branch 211
Mandaluyong City

PEEWEE JOCSON
Rm. 1503 No. 841 Zacateros St.,
Sta. Cruz Manila

Kindly submit the foregoing Motion to the Honorable Court for its
consideration and approval immediately upon receipt hereof.

ERIC P. FUENTES

CC: UST POST OFFICE 11.8.12

Registry Receipts No.

PEEWEE JOCSON
Rm. 1503 No. 841 Zacateros St.,
Sta. Cruz Manila

Lawyer’s Advocate Circle

Suite 2302 Atlanta Centre
31 Anapolis ST., Greenhills
San Juan Metro Manila

EXPLANATION
Pursuant to Section 3, Rule 13 of the Revised Rules of Court, the service
of this Motion to the other parties is made by registered mail due to distance
and unavailability of messengerial staff to effect the same by personal service.

ERIC P. FUENTES

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