Republic of the Philippines

REGIONAL TRIAL COURT

Third Judicial Region
XXXXXXX
BRANCH ___
JUANA DELA CRUZ,

Plaintiffs,
Civil Case No. XXXXXX
For: Recovery of Ownership
and Possession and for
Damages

-versus-

JUAN DELA CRUZ,

Defendant.
X--------------------------------------X
MOTION TO DECLARE DEFENDANT IN DEFAULT
PLAINTIFFS, thru the undersigned counsel, unto this
Honorable Court, most respectfully state that:
1. On XXXXXXXX, the Complaint in this case was filed,
through counsel, by the Plaintiffs;
2. On XXXXXXXX, summons together with the copy of the
complaint was served upon defendant per the Return
of Service of the same date;
3. However, no responsive pleading has been filed by the
defendant within the reglementary period;
4. Considering the failure of the defendant to file an
Answer, pursuant to Sec. 3, Rule 9 of the Rules of
Court, defendant should be declared in default;
PRAYER
WHEREFORE,
premises
considered,
it
is
most
respectfully prayed unto this Honorable Court to Declare
Defendant in Default and to allow the plaintiff to present
evidence ex-parte.
Other relief and remedies as may be deemed just and
equitable under the premises are likewise prayed for.

XXXXXXXXXXXX. XXXXXXXXX.
ATTY. XXXXXXX XXXXXXX
Roll of Attorneys No. XXXXXXXX
XXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXX
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EXPLANATION
Copy of this motion was sent to the respondents by
registered mail with return card due to distance involved and
lack of personnel who will effect personal service.
NOTICE OF HEARING
ATTY. XXXXXXXXXXXXXXXXX XXXXXXXXXXXX
Branch Clerk of Court
RTC __________, XXXXXXXXXX
XXXXXXXXXXXXXXXXXXX
Defendant
Please take notice that the undersigned will be submitting
the instant motion for consideration and approval of the
Honorable Court on XXXXXXXXXXXXXXXX at XXXXX in the
XXXXXX.
ATTY.
XXXXXXXXXXXXXXXXXXXXXXX
Copy furnished:
XXXXXXXXXXXXXXXXXX
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