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Draft Motion For Summary Judgement

This document is a motion for summary judgement filed in the Municipal Trial Court in Iloilo City by plaintiff Tuliao Digdigan Castaneda against defendants Spouses Maphilindo Digdigan and Mary Jane Digdigan. The plaintiff is invoking Rule III Section 9 of the Revised Rules on Expedited Procedure as the defendants failed to file an answer to the complaint within the required 30 day period. The plaintiff is requesting the court render judgement in their favor and order the return of the plaintiff's terrace and payment of PHP80,000 in attorney's fees and PHP20,000 in filing fees.

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320 views2 pages

Draft Motion For Summary Judgement

This document is a motion for summary judgement filed in the Municipal Trial Court in Iloilo City by plaintiff Tuliao Digdigan Castaneda against defendants Spouses Maphilindo Digdigan and Mary Jane Digdigan. The plaintiff is invoking Rule III Section 9 of the Revised Rules on Expedited Procedure as the defendants failed to file an answer to the complaint within the required 30 day period. The plaintiff is requesting the court render judgement in their favor and order the return of the plaintiff's terrace and payment of PHP80,000 in attorney's fees and PHP20,000 in filing fees.

Uploaded by

DMSPASCO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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MUNICIPAL TRIAL COURT IN CITIES

6th Judicial Region


Branch 8
Iloilo City

TULIAO DIGDIGAN CASTAÑEDA CVS NO. 17-22


Plaintiff
-versus- For: RECOVERY OF POSSESSION AND
DAMAGES
SPS MAPHILINDO DIGDIGAN and
MARY JANE DIGDIGAN
Defendants

--------------------------------------XXX-------------------------------------

MOTION FOR SUMMARY JUDGEMENT


Plaintiff, TULIAO DIGDIGAN CASTAÑEDA, by undersigned counsel and to this

Honorable Court, respectfully states the following:

1. Plaintiff repleads and incorporates all material averments in the Verified

Complaint filed against the Defendants.

2. In an ORDER dated May 5, 2022 issued by the Honorable Court to the Spouses

MAPHILINDO DIGDIGAN and MARY JANE DIGDIGAN instructing them to

answer within a period of 30-days from receipt of the summons. Mary Jane Digdigan

received for and in behalf of her husband Maphilindo Digdigan the summons as

indicated by her signature herein attached as ANNEX A. Mary Jane Digdigan was

also properly served summons as indicated by her signature in the document attached

herein as ANNEX B.

3. The 30 calendar days of the Spouses to answer ended last June 11, 2022. As of

today, June 12, 2022 there is no Answer filed yet with this Honorable Court nor was

there a copy of the Answer furnished to the Plaintiff.

4. Based on Sec. 9. Effect of failure to answer. - Should the defendant fail


to answer the complaint within the period provided, the court,
the on its own initiative, o rupon manifestation by the plaintiff that
the period for tiling an answer has already lapsed, shall render
judgment as may be warranted by the facts alleged in the
complaint and its attachments, limited to what is prayed for
therein.
The court may reduce the amount of damages and attorney's
fees claimed for being excessive or otherwise unconscionable.
foregoing, Plaintiff is invoking Rule III Section 9 of the Revised Rules on Expedited

Procedure in the First Level Courts to wit:

WHEREFORE, premises considered, the Plaintiff, by undersigned counsel

respectfully prays that the Honorable Court render judgement in favor of the Plaintiff

and against the Defendant by ordering the return of the Plaintiff’s terrace on top of the

35 square meter parking area and to pay the Plaintiff PHP80,000.00 as attorney’s fees

and P20,000 for filing fees, Sheriff’s fee, docket fee and other miscellaneous

expenses.

Plaintiff further prays for such other reliefs as are just and equitable under the

premises.

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