REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF CAVITE

Fourth Judicial Region
BRANCH 133
Tagaytay City

 
JUANITO VARIAS y Civil Case No. TG-18-005
PEÑANO,                                                          
                               Plaintiff, FOR: ENFORCEMENT OF
-versus- AGREEMENT WITH DAMAGES
OR RESCISSION OF
EDUARDO ABAÑO y TEPAIT, AGREEMENT WITH
                               Defendant. RECOVERY OF POSSESSION
OF LAND WITH DAMAGES
x----------------x  

MOTION TO DECLARE DEFENDANT IN DEFAULT

            Plaintiff, through the Public Attorney’s Office, by the undersigned counsel,
and to this Honorable Court, respectfully states that:

1. Section 1, Rule 11 of the Rules of Court provides:

Section 1. Answer to the complaint. — The defendant shall file his

answer to the complaint within fifteen (15) days after service of summons,
unless a different period is fixed by the court. 

2. Notably, defendant in this case failed to file an answer within the

reglementary period.

3. The records of the Honorable Court show that Defendant was served with
copy of the summons and of the complaint, together with annexes thereto on
April 12 and 18, 2018;

4. But the same proved futile considering that the subject Defendant, who is
according to his mother-in-law, is a soldier presently assigned in Cagayan de
Oro City, is not available to receive the said summons;

5. On April 25, 2018, the summons and its complete annexes was served upon
Defendant through substituted service by serving the same thru one JENNY
ANN ABAÑO, a person of suitable age and discretion and who introduced
herself as the daughter of the Defendant and acknowledged receipt thereof
by affixing her signature1;

1
Attached and made an integral part hereof is a copy of Officer’s Return
 6. Therefore, defendant has 15 days from 25 April 2018 or until 9 May 2018
to file his answer;

7. Upon verification however, records show that Defendant failed to file his
Answer within the reglementary period specified by the Rules of Court
despite the service of the summons and the complaint;

8. As such, it is respectfully prayed that Defendant 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, it is respectfully prayed that Defendant Eduardo Abaño y

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

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

          Given this 7th day of June 2018 at Tagaytay City, Philippines.
         
BY:
                                                                            
 Department of Justice
Public Attorney’s Office
1/F Hall of Justice, J.P. Rizal Avenue
Mahogany Compound, Tagaytay City
By:

GIA JOY G. GALAROSA

Public Attorney II
Roll No. 60795
IBP No. 1025898 / 01-18-2016
MCLE Compliance No. V–0006582 /03-03-
2015

REINER B. DESACADA
Public Attorney II
Roll No. 61052
IBP Lifetime Membership No. 10708
MCLE Compliance No. V-0007255/04-13-2015
 NOTICE OF HEARING

HON. CLERK OF COURT
BR. 133

Greetings. 

Kindly submit the foregoing motion to the attention of the Honorable Court
immediately upon receipt thereof and set the same for hearing.

REINER B. DESACADA

Copy furnished:

EDUARDO ABAÑO
Balubad, Barangay Marahan II, Alfonso, Cavite

EXPLANATION

Copy of the pleading was sent/furnished to the Defendant by registered mail

considering the distance to the place addressee and due to the lack of personnel to
effect personal service.

REINER B. DESACADA