Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region

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MOTION TO DECLARE NON- ANSEWERING

DEFENDANTS IN DEFAULT
With
MOTION TO RESET PRELIMINARY CONFERENCE

PLAINTIFFS, by counsel and to this Honorable Court, most

respectfully states:

By way of Motion to Declare

Non- Answering Defendants:

1. Plaintiffs impleaded the Heirs of Jesus as defendants of this

instant case;

2. Summons have been served with the following defendants and

that in the Return of Service executed by the Sheriff dated March
10 2016, it states that the summons have already been served to
all the defendants in their address in

3. Despite the fact that summons had already been served to all the
defendants, only defendants

4. In fact, even up to this time, the rest of the defendants, namely:

have not yet filed their Answer;

5. It is therefore proper that these Non- Answering Defendants be

declared in default so as not to delay the proceedings of the
Honorable Court.

By way of Motion to Reset

Preliminary Conference

6. Since there is a pending incident, the issues at hand are not yet
ripe for preliminary conference/ pre- trial;

7. This Motion is filed in good faith and without the intention of

delaying the proceedings of this Honorable Court.

PRAYER
 WHEREFORE, in view of the foregoing circumstances it is
most respectfully prayed of this Honorable Court to Declare Non-
Answering Defendants: to reset the scheduled Preliminary
Conference.

All reliefs just and equitable are likewise prayed for.

Respectfully submitted. Cebu City, (for Toledo City,) Cebu,

Philippines. May 27, 2017

Counsel for the Plaintiffs

Room 202, Aniceta Building,
Osmea Blvd., Cebu City
Tel. No. (032) 412-4922
By:

REQUEST / NOTICE OF HEARING

Hall of Justice, Old Plant Site,

Toledo City

Please submit the foregoing motion for the consideration of the

Honorable Court immediately upon receipt hereof and set this
motion for hearing this Friday, June 2, 2017 at 9:00 oclock in the
morning with or without the presence of counsel.

093 S. Osmena St., Poblacion, Toledo City

Greetings! Please be notified that the foregoing motion shall be

submitted for the consideration of the Honorable Court on June 2,
2017 at 9:00 oclock in the morning with or without the appearance of
counsel

Copy furnished:

093 S. Osmena St., Poblacion,

Toledo City