REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MANILA, BRANCH 4

MARIAM M. WANTZ, herein

represented by her Attorney In
Fact, PRISCILLA M.
VENERACION,
Petitioner,

-versus- Civil Case No. R-MNL-18-

04907-CV
For: Partition

DONALD E. WANTZ,
Respondent.

MOTION TO DECLARE RESPONDENT

IN DEFAULT

Petitioner, Mariam M. Wantz, herein represented by her Atty.

In Fact, Priscilla M. Veneracion, by the undersigned counsel,
respectfully states:

1. Last January 21, 2019, this Honorable Court issued an Order

directing petitioner to serve Summons by Publication. Petitioner
published said Order and the Summons on February 15, 2019. A copy
of the affidavit of publication is attached hereto as Annex “A”.

2. Said summons gave respondent 60 days from the last

publication within which to file his Answer. The 60 days, counting
from the last day of publication, expired last April 16, 2019 and
respondent has yet to file his answer to the petition.

3. Pursuant to the 1997 Rules of Civil Procedure, respondent

should be declared in default for failure to file an Answer to the
instant Complaint despite the service of summons and the lapse of 60
days within which to file its Answer.
Wantz v. Wantz
For Partition: R-MNL-18-04907-CV
Motion to declare respondent in default

Rule 11
When to File Responsive Pleadings

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.
xxx

Rule 9
Effect of Failure to Plead

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.

4. Petitioner submits that it is now proper for respondent to

be declared in default as provided for under Section 3 of Rule 9 of the
Rules of Court.

5. There is no other recourse but to declare defendant in

default, and, after hearing, order for partition through the sale of the
Property and the distribution of the proceeds thereof, after,
deduction of all expenses for partition.

RELIEF

WHEREFORE, petitioner respectfully prays that this Honorable

Court issue an order ordering respondent in default and set the
preliminary hearing for the instant case.
Petitioner prays for such further or other relief as may be
deemed just or equitable.
Other reliefs are likewise prayed for.

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Wantz v. Wantz
For Partition: R-MNL-18-04907-CV
Motion to declare respondent in default

Manila. April 25, 2019.

Notice of Hearing and Copy Furnished:

Branch Clerk
Regional Trial Court
Manila, Branch 4

DONALD WANTZ
Respondent
Unit A-2601
Tower A, Alpha Grandives Condominium
M.H. Del Pilar
Manila

Office of the Solicitor General

134 Amorsolo Street
Legazpi Village, Makati

NOTICE OF HEARING

Greetings:

Please take notice that the undersigned counsel shall submit the
foregoing for the consideration and approval of the Honorable Court
on May 3, 2019 at 8:30 in the morning or at any other date upon the
convenience of this Honorable Court.

EXPLANATION
(Pursuant to Sec. 11, Rule 13 of the Rules of Court)

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Wantz v. Wantz
For Partition: R-MNL-18-04907-CV
Motion to declare respondent in default

The foregoing MOTION was served through licensed courier

for lack of manpower and due to the distance involved.

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