Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Office of the Provincial Adjudicator
Government Center, Carig, Tuguegarao City, Cagayan

XXXX DARAB CASE NO.

Plaintiff, __________________

-versus-
FOR:
XXXX “Declaration of Non-
Defendant, tenancy Status and
Ejectment”
X------------------------------------------------------X

MOTION TO ADMIT
[Attached Answer to the Complaint dated 18 July 2019]

Defendant XXXX, through counsel, and unto this Honorable

Office most respectfully seeks the admission of the attached Answer
to Complaint dated 18 July 2019, and in support thereof, states that:

1.0 On 04 October 2019, defendant received a summons from

this Honorable Office requiring him to file an Answer within fifteen
(15) days after service or until 19 October 2019. However, the last day
of filing fell on Saturday, thus, the deadline for filing the answer is on
21 October 2019.

2.0 Due to financial constraints, defendant was not able to

timely secure the services of a private counsel to represent him in the
instant case.

2.1 It was only on October, 19, 2019, when he decided to refer

the case to the Department of Agrarian Reform Office Legal Division.
Forthwith, this representation carefully evaluated the Complaint and
all related documents necessary to draft an intelligent Answer.
However, it, still, took him more than three (3) days to complete this
Answer.

2.2 When the Answer was finally drafted, defendant

encountered health problem which rendered him incapable to appear
before the undersigned counsel to sign the verification accompanying
the Answer.

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 MOTION TO ADMIT ATTACHED ANSWER

2.3 Further, Department of Agrarian reform Office Legal

Division conducted an in-house workshop at Sta. Ana, Cagayan on
October 28-31 2019. Hence, the verification has been signed only on
November 5, 2019.

3.0 In line with prevailing jurisprudence, the court or other

tribunal 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.

4.0 Defendant, through counsel, is filing this Motion to Admit

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

ACCORDINGLY, it is respectfully prayed of 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.

November 7, 2019

Department of Agrarian Reform

BUREAU OF AGRARIAN LEGAL ASSISTANCE
Provincial Office of Cagayan

Counsel for the Petitioner

By:

ATTY. XXXX
Chief, Legal Division

ATTY. XXXX
Legal Officer-COS

Cc:

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 MOTION TO ADMIT ATTACHED ANSWER

ATTY. XXXX
Counsel for the plaintiff
Tuguegarao City, Cagayan

Explanation:

Copy of this Motion have been served on the counsel for the
Plaintiff by registered mail in view of the distance involved and lack of
messenger who could undertake personal service.

ATTY. XXXX
Legal Officer-COS