REPUBLIC OF THE PHILIPPINES

Region X, Northern Mindanao

REGIONAL TRIAL COURT
BRANCH 2, ILIGAN CITY

JUAN DE LA CRUZ
Plaintiff,

-versus- CIVIL CASE NO. 000001

FOR: SUM OF MONEY
JUAN TAMAD
Defendant.

x---------------------------------------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 14
January 2017.

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.

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.

Iligan City, Lanao Del Norte, February 24, 2017.

ATTY. LOVELY M. LASAY

Counsel of the Plaintiff
IBP NO. 987654; 05/29/2016-Iligan City
PTR NO. 123456; 05/29/16-Iligan City
Roll No.9876; 05/03/2016
MCLE No.I- 00987; 12/12/16
 NOTICE OF HEARING

THE CLERK OF COURT

MTC Branch 01
Tubod Highway, Iligan City

ATTY. ALEX R. PADILLA

Counsel for Defendant
Carmen Bulua, Cagayan de Oro CIty

Please take notice that the undersigned counsel will submit the foregoing
Motion to the Honorable Court on March 3, 2017 at 2 oclock in the afternoon
for its favorable consideration and approval.

ATTY. LOVELY M. LASAY

Counsel of the Plaintiff
IBP NO. 987654; 05/29/2018
Iligan City
PTR NO. 123456; 05/29/2018
Iligan City
Roll No.9876; 05/03/2016
MCLE No.I- 00987; 12/12/16

Copy furnished through registered mail:

ATTY. MARIA DE CACAO

Counsel for Defendant
Carmen Bulua, Cagayan de Oro City

EXPLANATION

The foregoing Motion and its attachment were served on ATTY. MARIA
DE CACAO by registered mail instead of personal service as counsel for plaintiff
due to lack of manpower as well as considerable distance of the said partys
address from the office of the undersigned counsel.

(signed)
ATTY. LOVELY M. LASAY
 REPUBLIC OF THE PHILIPPINES
Region X, Northern Mindanao
REGIONAL TRIAL COURT
BRANCH 2, ILIGAN CITY

JUAN DE LA CRUZ
Plaintiff, CIVIL CASE NO. 000001
-versus- FOR: SUM OF MONEY

JUAN TAMAD
Defendant.

x---------------------------------------x

COMMENT ON THE MOTION TO DECLARE DEFENDANT IN

DEFAULT

Defendant, by counsel, respectfully alleges that:

1. On February 25, 2017, he received the copy of plaintiffs Motion to

Declare Defendants in Default dated February 24, 2017, which was
submitted for consideration and approval of this Honorable Court
immediately upon receipt hereof.

2. Defendant herein interposes vehement objections to the plaintiffs

motion on the basis that the court did not acquire jurisdiction over the
person due to invalid service of summon. The substituted service of
summon effected by the post master did not show that he made efforts to
find the counsel of the defendant personally, through his office secretary
or any authorized personnel but instead, he immediately resorted to a
substituted service through a certain Wag Ting, a person he did know or
attempt to discover. He did not even inquire about the whereabouts of
the defendants counsel, the time the secretary/authorized personnel was
expected to return to office, after an important one (1) day seminar, and
any other way, in order that he could faithfully comply with the
requirement of valid substituted service. Section 8 of Rule 14 of the
Revised Rules of Court provides: Substituted Service. If the defendant
cannot be served within a reasonable time as provided in the preceding
section, service may be effected (a) xxx , or (b) by leaving the copies at
defendant's office or regular place of business with some competent
person in charge thereof.

3. Since certain Wag Ting has no authority to receive the pertinent

documents, consequently the court has no jurisdiction over the person of
the defendant, thus, to declare the defendant in default is not proper.
 WHEREFORE, the defendant prays that the motion to declare him in
default should be denied and order of default, judgment by default and other
reliefs sought by petitioner are, therefor, all null and void.

Iligan City, Philippines. 5 March 2017.

ATTY. MARIA DE CACAO

Counsel for the Defendant
IBP NO. 123456; 05/29/2016
Cagayan de Oro City
PTR NO. 654321; 05/29/16
Cagayan de Oro City
Roll No.7654; 05/03/2016
MCLE No.I- 00011; 12/12/16

Copy furnished by registered mail:

ATTY. LOVELY M. LASAY

Attorney of the Plaintiff
Iligan City