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Republic of the Philippines

Regional Trial Court
9th Judicial Region
Branch 15
Zamboanga City

RICHARD ABELLA,
Plaintiff, CIVIL CASE NO. _________

- versus - - for –

COLLECTION OF A SUM OF MONEY

AND DAMAGES WITH APPLICATION
JASMINE ABUBAKAR, FOR A WRIT OF PRELIMINARY
Defendant. ATTACHMENT
x-----------------------------------------------x

MOTION TO DECLARE DEFENDANTS IN DEFAULT

AND MOTION TO EXPUNGE ANSWER FROM THE RECORD

COME NOW, the Plaintiffs, through his undersigned counsel and unto
this Honorable Court, most respectfully alleges that:

1. Plaintiff filed a Complaint against herein Defendant on 09 February

2019. Court records show that Defendant received the Summons on February
14, 2019. Defendant, therefore, had fifteen (15) days from 14 February 2019
to file her Answer or on 01 March 2019.

2. However, Defendants failed to file her Answer within the given

period and even failed to file any Extension to file such Answer after the lapse
of the time allowed since they filed their Answer only on 05 March 2019.

3. Section 3, Rule 9 of the 1997 Rules of Civil Procedure specifically

provides that:

a. “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.”

By Way of Motion to Expunge.

4. Considering that Defendant’s Answer was filed beyond the allowed

period provided by the Rules of Court which was on 01 March 2019 within
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which to file her Answer. Such Answer should be Expunged from the Records
for failure to observe the proper procedures provided by the Rules of Court.

5. Hence, it is submitted that Defendant JasmineAbubakar, may now

be declared in default for failure to file her Answer within the time allowed
therefor, and the Answer be Expunged from the Records, and Plaintiff be
allowed to present his evidence ex-parte or judgment be rendered forthwith
granting herein Plaintiff such relief as the instant Complaint may warrant.

PRAYER

WHEREFORE, it is respectfully prayed that after due notice and

hearing, that Defendant Jasmine Abubakar may now be declared in default
for failure to file her Answer within the time allowed therefor, and the Answer
be Expunged from the Records, and Plaintiff be allowed to present his
evidence ex-parte or judgment be rendered forthwith granting herein Plaintiffs
such relief as the instant Complaint may warrant.

Plaintiff prays for such other reliefs as may be just and equitable in the
premises.

06 March 2019, City of Zamboanga, Philippines.

A & B LAW FIRM

Counsel for Defendant
Professional and Occupational Manor
Mayor Jaldon St., Canelar Zamboanga City
Tel no. (062) 991-9999

BY:

AAA
PTR NO. 0630574 – 01/03/18
I.B.P. No. 896783-01/3/13 ZC
MCLE No. IV – 0033913 -9/21/11
Roll No. 63729

NOTICE OF HEARING

The Clerk of Court

Branch 15, Regional Trial Court
Zamboanga City

GREETINGS:

Please take notice that the undersigned shall submit the foregoing
Motion to Declare Defendant in Default to the Honorable Court for Its
consideration and resolution on 11 March 2019 at 2:00 o’clock in the
afternoon or soon thereafter as counsel and matter may be heard.
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AAA