REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
CITY OF TRECE MARTIRES, CAVITE
BRANCH 130

CARLO ARVISU AND JOSE S.

ARVISU JR,
Plaintiff,
Civil Case No. TMCV-016-18
- versus - For: Declaration of Nullity of
Deed of Absolute Sale
ANGELO P. ARVISU, AND
REGISTER OF DEEDS OF CAVITE
AND OTHER INTERESTED
PERSONS,
Defendant.
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ORDER

Submitted for this Court’s resolution is the MOTION TO

DECLARE ANGELO ARVISU IN DEFAULT filed by the plaintiff,
through counsel.

In the motion, movant prayed that Defendant Angelo Arvisu be

declared in default and to allow Plaintiffs Carlo Arvisu and Jose S.
Arvisu Jr. to present evidence ex parte since defendant failed to file
his answer within the reglementary period.

It appears that the corresponding Summons was received by

defendant Angelo Arvisu on 23 May 2018 as stated in his Motion for
Extension of Time to File Responsive pleading dated 06 June 2018.

In his motion for extension, defendant alleged that he failed to

timely secure the services of a counsel by reason of financial
constraints. He prayed that he be given an extension of fifteen (15)
days from the filing of his motion to file his responsive pleading.
 However, his period to file his Answer lapsed on 21 June 2018
with which no pleading or motion was filed.

Section 1, Rule 11 of the Rules of Civil Procedure clearly states

that:

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

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

Moreover, Section 11 of the same Rule states that:

Section 11. Extension of time to plead. – Upon motion and on such

terms as may be just, the court may extend the time to plead
provided in these Rules. Xxx

Based on the foregoing, Defendant Angelo P. Arvisu failed to

file his answer within the reglementary period despite receipt of the
summons. It is apparent that from the filing of the Motion for
Extension dated June 6, 2018, Defendant had until June 21, 2018 to file
his Answer. However, to date, no Answer is filed by the said
Defendant.

Section 3, Rule 9 of the Rules of Civil Procedure provides that:

Section 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. Xxx

WHEREFORE, premises considered,

The Motion to Declare Defendant Angelo P. Arvisu in default is

GRANTED.

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Accordingly, defendant Angelo P. Arvisu is DECLARED IN
DEFAULT.

SO ORDERED.

Trece Martires City, Philippines, November 16, 2020.

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