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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
QUEZON CITY, BRANCH 104

FLORDELINDA A.
HADUCA,
Plaintif,
- versus

Civil Case No. R-QZN-1401385-CV


For: Sum of Money and
Damages

ELIZABETH A.
MACABASCO,
Defendant.
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MOTION TO DECLARE
DEFENDANT IN DEFAULT
PLAINTIFF, by counsel, most respectfully states:
1.

By virtue of the Order of this Honorable Court dated 18

September 2014, a Summons by Publication was made in


accordance with Section 14, Rule 14 of the Revised Rules of
Court.

2.

Accordingly, herein Plaintiff submitted a Compliance

dated 26 February 2015 informing this Honorable Court that on


17 November 2014, copies of the Complaint dated 02 January
2014 and Summons dated 03 October 2014 were served upon

Defendant Elizabeth A. Macabasco by publication through PINAS


Newspaper.
3.

Despite the lapse of more than five (5) months after

the service of Summons by Publication, Defendant still failed to


appear

before

this

Honorable

Court.

Since

Plaintiff

has

sufficiently complied with the Rules of Court on substituted


service of summons, this Honorable Court has already acquired
jurisdiction over Defendant Elizabeth A. Macabasco.

4.

Under these circumstances, the Honorable Court may

now declare Defendant in default and proceed to render


judgment based on the Complaint dated 02 January 2014, or
allow Plaintiff to present evidence ex parte pursuant to Section 3,
Rule 9 of the Revised Rules of Court which provides:
Sec. 3.
--

If

the

answer

Default, declaration of.

defending

within

party

the

time

fails

to

allowed

therefor, the court shall, upon motion


of the claiming party with notice to
the

defending

party,

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.

PRAYER
WHEREFORE, Plaintiff respectfully prays that this
Honorable Court:
1. Declare Defendant in default; and
2.

Render judgment in accordance with the

reliefs
prayed for in the Complaint; or
3.

Issue an Order allowing Plaintiff to present


evidence ex parte, preferably before the

Branch
Clerk of Court.

Plaintiff prays for such other reliefs as may be


deemed just and equitable.
Quezon City, 13 May 2015.

INFANTE OPERARIO LAW


Counsel for Plaintif
6 Nepomuceno St.,
BF Homes, Quezon City
Telephone No. (632) 506-9322
By:

RHENELLE MAE O. OPERARIO


PTR No. 4755610; 01-06-15; Makati City
IBP Lifetime No. 010674; Pasig City
Roll of Attorneys No. 60513
MCLE Compliance No. IV-0012104, 30 January 2013

COLLEEN S.R. INFANTE


PTR No. 4755611; 01-06-15; Makati City
IBP Lifetime No. 013586; Quezon City
Roll of Attorneys No. 62385
MCLE Compliance No. V-0007047, 06 April 2015

NOTICE

OF

HEARING

TO THE BRANCH CLERK OF COURT


Regional Trial Court
Quezon City, Branch 104
ELIZABETH A. MACABASCO
No. 21 Hopetown St., Laguna
Bel-Air 2, Sta. Rosa, Laguna
Greetings:
Please submit the foregoing Motion to Declare Defendant in
Default for the consideration and approval of this Honorable Court
on 22 May 2015 at 8:30 oclock in the morning.

COLLEEN S.R. INFANTE

EXPLANATION
(Pursuant to Rule 13, Sec. 11

1997 Rules of Civil Procedure)


Copies of the foregoing Motion to Declare Defendant in
Default were filed with this Honorable Office and sent to other
party through registered mail due to time constraints and lack of
office personnel to effect personal service.

COLLEEN S.R. INFANTE


Copy furnished:
ELIZABETH A. MACABASCO
________
Defendant
No. 21 Hopetown St., Laguna
Bel-Air 2, Sta. Rosa, Laguna

Registry

Receipt

______________ CPO
13 May 2015

No.