REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 41
MANILA

ERNESTO D. SALVADOR and

ELENITA S. OSIA,
Plaintiffs, Civil Case No: 17-137883
For: Annulment of Deed of
Sale with Reconveyance of
Real Property and Damages
-versus-

ELENA F. MARTIN,
Defendant.
x--------------------------------------x

MOTION TO LIFT ORDER OF DEFAULT

AND ADMIT ATTACHED ANSWER

Defendant, thru counsel and unto this Honorable Court most

respectfully state that:

1. Defendant was declared to be in default on August 2, 2018 for

failure to file an answer within the reglementary period;

2. Defendant’s failure to file her answer within the reglementary

period was due to the difficulty, if not, downright impossibility of
properly corresponding with her counsel due to her circumstance
of being a resident of a the United States of America;

3. Defendant is currently residing in 85-94 148th St., Briarwood,

Jamaica, New York, U.S.A.;

4. Due to the considerable time difference between the residence of

the Defendant and the Philippines, Defendant is unable to
properly communicate her allegations in her answer and to be
properly notified of the status of the proceedings in the
Philippines;

5. Various methods of communication were used by both Defendant

and her counsel on multiple occasions, but due to the advanced
age of the Defendant and her inexperience in using modern
methods of communication, led to the Defendant being unable to
properly communicate her defense against the allegations of the
Plaintiffs;
 6. Defendant has a meritorious defense against the allegations made
by the Plaintiffs.

7. In the interest of substantial justice and for the reason earlier

stated, defendant begs the compassion of this Honorable Court to
admit her attached Answer.

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court to set aside the Order of default and to admit the
attached Answer.

Other just and equitable remedies are likewise prayed for.

Valenzuela City. September 3, 2018.

ATTY. WILLIAM N. REYES

Counsel for the Defendant
27 Little Baguio Street, Marulas, Valenzuela City
Roll No. 47608
PTR No. 5081961 – January 3, 2018
IBP No. 1080940 CALMANA - Nov. 9, 2017
MCLE Compliance No. V–0016771- March 2, 2016
TIN: 111-866-028

NOTICE OF HEARING

Clerk of Court
RTC Branch 41, Manila

Atty. CONSTANCIO P. CARIAGA JR.

Counsel for Plaintiff
PAO Manila District W. Godino Bldg.
350 A. Villegas St., Ermita, Manila

Greetings:

Please submit the foregoing for the consideration and approval of

this Honorable Court at the soonest possible time or on _____________ at
__________________ in the morning.

ATTY. WILLIAM N. REYES