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REPUBLIC OF THE PHILIPPINES 7th JUDICIAL REGION REGIONAL TRIAL COURT BRANCH _____ CEBU CITY JUAN DE LA CRUZ Plaintiff, -versus- CIVIL CASE NO. ______________ FOR: JUAN TAMAD Defendant. x---------------------------------------/ MOTION TO DECLARE DEFENDANT IN DEFAULT Plaintiff, by counsel and unto this Honorable Court, respectfully states 1. The records of the Honorable Court show that Defendant was served with copy of the summons and of the complaint, together with annexes thereto on 15 January 2015. 2. Upon verification however, the records show that Defendant Juan Tamad has failed to file his Answer within the reglementary period specified by the Rules of Court despite the service of the summons and the complaint; 3. As such, it is respectfully prayed that Defendant Juan Tamad be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant. P R A Y E R WHEREFORE, it is respectfully prayed that Defendant JUAN TAMAD be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant. Other reliefs, just and equitable under the given circumstances, are likewise prayed for. RESPECTFULLY SUBMITTED. 16 FEBRUARY 2015 CEBU CITY, PHILIPPINES.

Motion to declare defendant in default

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Page 1: Motion to declare defendant in default

REPUBLIC OF THE PHILIPPINES7th JUDICIAL REGION

REGIONAL TRIAL COURTBRANCH _____

CEBU CITY

JUAN DE LA CRUZPlaintiff,

-versus- CIVIL CASE NO. ______________FOR:

JUAN TAMADDefendant.

x---------------------------------------/

MOTION TO DECLARE DEFENDANT IN DEFAULT

Plaintiff, by counsel and unto this Honorable Court, respectfully states

1. The records of the Honorable Court show that Defendant was served with copy of the summons and of the complaint, together with annexes thereto on 15 January 2015.

2. Upon verification however, the records show that Defendant Juan Tamad has failed to file his Answer within the reglementary period specified by the Rules of Court despite the service of the summons and the complaint;

3. As such, it is respectfully prayed that Defendant Juan Tamad be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.

P R A Y E R

WHEREFORE, it is respectfully prayed that Defendant JUAN TAMAD be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.

Other reliefs, just and equitable under the given circumstances, are likewise prayed for.

RESPECTFULLY SUBMITTED.16 FEBRUARY 2015CEBU CITY, PHILIPPINES.

(COUNSEL)

NOTICE OF HEARINGHON. CLERK OF COURTBR. _______

Greetings.

Kindly the foregoing motion to the attention of the Honorable Court immediately upon receipt thereof and set the same for hearing on 20 FEBRUARY 2015, 8:30 A.M.

Page 2: Motion to declare defendant in default

ATTY. XYZCounsel for the defedants.

Please be notified that the foregoing motion will be set for hearing this 20 February 2015, 8:30 A.M.

COPY FURNISHED:

ATTY XYZ

RECEIVED BY: