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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


Second Judicial Region
Branch I
Santiago City

IRENE T. UNTALAN joined by her


husband CESAR UNTALAN,
Plaintiff,

-versus- CIVIL CASE No. 17-004-1


For: RECOVERY OF
POSSESSION WITH DAMAGES.

ELMA S. AGUB, SPS. GLENN A.


SAMSON and LOIDA B. SAMSON
and ALL PERSONS CLAIMING
RIGHT UNDER THEM,
Defendants.
x- - - - - - - - - - - - - - - - - - - - -x

OMNIBUS MOTION
(1. To Set the Case for Pre-Trial and
2. To declare defendant Spouses Glenn A. Samson
and Loida B. Samson in default)

The undersigned counsel for the plaintiffs in the above-entitled


case most respectfully moves and avers:

1. Defendant Elma S. Agub already filed her answer to the


complaint through her lawyer de parte, Atty. Louie A. Socrates. On the
other hand, the plaintiffs through the undersigned counsel also filed
their reply-comment to the answer. Hence, the last pleading having been
served and filed, we now move to have the above-entitled case set for pre-
trial pursuant to Section 1, Rule 18 of the Rules of Court which provides:

Section 1. When conducted. - After the


last pleading has been served and filed, it
shall be the duty of the plaintiff to promptly
move ex-parte that the case be set for pre-
trial.

2. On another point, the return of service of summons made by


Process Server Danilo Lagman dated 12 May 2017 stated that the
summons to defendants Spouse Glen Samson and Loida Samson was
duly served to them by substituted service on 9 May 2017 and they have
fifteen (15) days from said date or until 24 May 2017 to file their answer
but up to now no answer from them has yet been filed;

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3. By reason of the failure of defendants Spouses Samson to
answer the complaint within the time allowed therefor, we move that they
be declared in default pursuant to Section 3 of Rule 9 of the Rules of
Court which provides in part:

Sec. 3. Default; declaration of. - If the


defending party fails to answer within the time
allowed therefor, the court shall, upon motion of the
claiming party with notice to the defending party, and
proof of such failure, 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, it is most respectfully prayed of this Honorable


Court to set the above-entitled case for pre-trial and to declare
defendants Spouses Glenn A. Samson and Loida B. Samson in default.

Other reliefs that are deemed just and equitable under the
circumstances is likewise prayed for;

Santiago City, 20 June 2017.

ATTY. LUCKY M. DAMASEN


Counsel for the Plaintiff
Rm.215, 2 Flr, Heritage Bldg, Malvar, Santiago City
nd

E-mail: lmdlawoffice@gmail.com
Mobile No.: 09178730405/Tel. No.: (078) 305-2392
MCLE Compliance No. V-008089/06-04-15
PTR No.2050681/Santiago City/01-03-2017
IBP No. 1049534/Ilagan City, Isabela/01-03-2017
Roll No.37959/07-24-92

NOTICE OF HEARING

The Clerk of Court


Municipal Trial Court in Cities
Branch 1
Santiago City

Spouses Glenn Samson and


Loida B. Samson
City Road, Barangay Centro East
Santiago City

2
Sir/Madam:

Please submit the foregoing motion to this Honorable Court


immediately upon receipt hereof for its consideration and approval and
set the same for hearing on 23 June 2017 at 8:30 oclock in the
morning.

Santiago City, 20 June 2017.

ATTY. LUCKY M. DAMASEN

Copy furnished:

Spouses Glenn Samson and


Loida B. Samson
City Road, Barangay Centro East
Santiago City
/by reg. mail w/ ret. card

Explanation pursuant to Section 11, Rule 13 of the


1997 Rules of Civil Procedure

Copy of this pleading was duly served to Spouses Glenn Samson


and Loida B. Samson via registered mail with return card instead of
personal service due to time constraints and lack of personnel to affect
personal service.

RYAN JAY P. BAEZ