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8. Herein Defendant believing in good faith, that since Criminal Case No.
62310-17 has been provisionally dismissed, thought that the present
Civil case is moot and academic;
9. Section 3(b) Rule 9, of the Rules of Court provides the remedy against
an order of default to wit:
A party declared in default may at any time after
notice thereof and before judgment file a motion
under oath to set aside the order of default upon
proper showing that his failure to answer was due
to fraud, accident, mistake or excusable negligence
and that he has a meritorious defense. In such case,
the order of default may be set aside on such terms
and conditions as the judge may impose in the
interest of justice.
1
244 Phil. 49 (1988)
satisfied by a motion in order "to warrant the setting aside of an order
of default for failure to file answer, are:
11.In the case at hand, herein Defendant’s failure to file his answer was
not meant to disregard or delay the proceedings but because of his
mistaken belief that the same will be settled, considering the decision
rendered by Municipal Trial Court in Cities, Branch 3, Calamba City,
Laguna in Criminal Case No. 62310-17. Attached as Annex “B” is the
Defendant’s Affidavit of Merit;
12.In the interest of substantial justice and for the reason earlier stated,
Defendant begs the compassion of this Honorable Court to admit his
attached Motion to Dismiss with Counterclaim. Delay in the
proceedings of this case was never intended.
PRAYER
FURTHER, the Defendant respectfully prays for such and other reliefs as
may be deemed just and equitable in the premises.
Clerk of Court
METC Branch xxx xxx xxxx
Greetings:
Please submit the foregoing for the consideration and approval of this Honorable Court at the
soonest possible time or on ____________ at 8:30 in the morning.
I, xxx xxx xxxx, of legal age with postal address at Blk x Lot x, Phase 1, xxx xxx xxxx,
after having been duly sworn in accordance with law, depose and state that:
1. I am the Defendant in the above-entitled Civil Case for Actual Damages for
Serious Physical injuries, Moral Damages and Attorney’s Fees;
2. I caused the preparation and filing of the foregoing Comment and Motion
to Dismiss with Counter Claim;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents and
records in my possession;
4. To the best of my knowledge I have not commenced any other action or
proceeding involving the same issues in the Supreme Court, the Court of Appeals,
or any other tribunal or agency;
5. If I should thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other tribunal
or agency, I undertake to report that fact within five (5) days there from to this
Honorable Court.
Doc. No.;
Page No. ;
Book No. ;
Series of 2018.
Cc:
Atty. xxx xxx xxxx
Counsel for Plaintiff
EXPLANATION
A copy of this pleading is served via registered mail, instead of via person service, on the adverse
counsel due to the distance of his law office address and the lack of field staff of undersigned
counsel at this time.