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Motion To Declare Defendant in Default

Juan Tamad filed a civil case against Juan Sipag for a sum of money. Juan Tamad filed a motion to declare Juan Sipag in default as Juan Sipag failed to respond to the complaint within the required period. Juan Tamad is requesting that the court declare Juan Sipag in default and allow Juan Tamad to present evidence without Juan Sipag's participation due to his failure to respond to the complaint on time despite being properly served. The motion was filed by Juan Tamad's counsel and a notice of hearing was issued along with proof of service to Juan Sipag's counsel.

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Phrexilyn Pajarillo
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220 views2 pages

Motion To Declare Defendant in Default

Juan Tamad filed a civil case against Juan Sipag for a sum of money. Juan Tamad filed a motion to declare Juan Sipag in default as Juan Sipag failed to respond to the complaint within the required period. Juan Tamad is requesting that the court declare Juan Sipag in default and allow Juan Tamad to present evidence without Juan Sipag's participation due to his failure to respond to the complaint on time despite being properly served. The motion was filed by Juan Tamad's counsel and a notice of hearing was issued along with proof of service to Juan Sipag's counsel.

Uploaded by

Phrexilyn Pajarillo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT OF ILOCOS SUR


First Judicial Region
Branch 21 – Vigan City

JUAN TAMAD
Plaintiff, CIVIL CASE NO. 1018
FOR: SUM OF MONEY
-versus-

JUAN SIPAG
Defendant.
x-------------------------------------x

MOTION TO DECLARE DEFENDANT IN DEFAULT

PLAINTIFF, by the undersigned counsel, respectfully alleges that:

1. Plaintiff filed this complaint against defendant on January 1, 2021, summons were
served on defendant on January 15, 2021, as indicated by the Sheriff’sreturn, attached as
“ANNEX A”.

2. Defendant’s reglementary period to file answer ended on January 30, 2021 that no
motion for extension of such period was filed nor was any granted.

3. Plaintiff is entitled to a declaration of default and the right to present evidence ex parte
against defendant, after defendant’s failure to answer the Complaint against him, despite
the lapse of the time.

WHEREFORE, Plaintiff respectfully prays that Defendant be declared in default and that
Plaintiff be allowed to present evidence ex parte.

January 31, 2021, Vigan City, Ilocos Sur, Philippines.

(Sgd.)

(Sgd.)
PHREXILYN PAJRILLO
Counsel for the Plaintiff
Balaleng, Bantay, Ilocos Sur
Roll of Attorney No. 12345
IBP No. 12345/2-5-21
PTR No. 87654/12-22-20
MCLE Compliance No.: _____
Email Add: [email protected]
C.P. No.: 09173456789

NOTICE OF HEARING

Page 1 of 2
Copy furnished thru Personal Service:
ABC
Counsel for the Defendant
Brgy 1, Vigan City (2700), Ilocos Sur

PROOF OF SERVICE

Page 2 of 2

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