This document is a motion filed in a Philippine regional trial court requesting that co-defendants Sunil and Lowella Sitlani be declared in default for failing to file an answer to a cross-claim within the required 10 day period. The motion argues that MANLY Sportswear MFG Inc. filed a cross-claim against the Sitlanis solely holding Sunil liable for the transactions in question. Neither the Sitlanis nor their legal counsel filed an answer to the cross-claim or sought an extension of time from the court. Under the rules of civil procedure, failure to file a responsive pleading within the required time period results in a declaration of default. Therefore, the motion requests that the Sitlanis be declared in
This document is a motion filed in a Philippine regional trial court requesting that co-defendants Sunil and Lowella Sitlani be declared in default for failing to file an answer to a cross-claim within the required 10 day period. The motion argues that MANLY Sportswear MFG Inc. filed a cross-claim against the Sitlanis solely holding Sunil liable for the transactions in question. Neither the Sitlanis nor their legal counsel filed an answer to the cross-claim or sought an extension of time from the court. Under the rules of civil procedure, failure to file a responsive pleading within the required time period results in a declaration of default. Therefore, the motion requests that the Sitlanis be declared in
This document is a motion filed in a Philippine regional trial court requesting that co-defendants Sunil and Lowella Sitlani be declared in default for failing to file an answer to a cross-claim within the required 10 day period. The motion argues that MANLY Sportswear MFG Inc. filed a cross-claim against the Sitlanis solely holding Sunil liable for the transactions in question. Neither the Sitlanis nor their legal counsel filed an answer to the cross-claim or sought an extension of time from the court. Under the rules of civil procedure, failure to file a responsive pleading within the required time period results in a declaration of default. Therefore, the motion requests that the Sitlanis be declared in
NATIONAL CAPITAL JUDICIAL REGION BRANCH 108, PASAY CITY CLINTON APPAREL, INC., Plaintif, CIVIL CASE NO. 06-0167-CFM -versus- For: Sum of Money with Attachment MANLY SPORTS MFG., INC., And THE SPOUSES SUNIL SITLANI, And LOWELLA LUISA SITLANI, Defendants. X-----------------------------------------------------------------------------------------------X MOTION TO DECLARE CO-DEFENDANT IN DEFAULT Defendant MANLY SPORTWEAR MFG., INC. (herein referred to as MANLY for brevity), through counsel, unto this Honorable Court, herein respectfully avers that:: 1. On 02 May 2006, MANLY fled its Answer with Counter-claim and Cross Claim before this Honorable Court. 2. On even date, Spouses Sunil and Lowella Sitlani were furnished with a copy of the said Answer, sent through the Post Ofce of Ermita, Manila, as evidenced by the Registry Receipt No. 007908. Even though the Registry Return Receipt contains no date, it was adequately provided therein that the same was received by the addressees agent. A copy of the Registry Return Receipt is hereto attached as Annex A. 3. Notably, MANLYS Answer mainly asserted sole liability against SUNIL SITLANI in the alleged transactions of the present case. 4. Paragraphs 17 and 18 of the Cross Claim had stated, to wit: Par. 17. If at all, the transactions in question were purely and solely contracted by defendant Sunil, i.e., without authority and consent of defendant MANLY. And, to be sure, said obligations did not redound to the beneft of the company. Par. 18. Accordingly, in the unlikely event that defendant Manly is adjudged and made to pay the subject obligations, defendant Sunil and his spouse should be adjudged and made to pay whatever amount herein defendant has to pay to the plaintif. 4. Aside from the fact that co-defendant Sunil and Lowella Sitlani never bothered to fle their Answer to the Complaint fled by Petitioner Clinton on 10 February 2006, the latter also utterly failed to fle their Answer to the Cross Claim asserted by MANLY within the reglementary period of ten (10) days as mandated by Section 4 Rule 11 of the Rules of Court. 5. Neither did the Spouses Sitlani asked this Honorable Court to grant them an extension of time to fle their responsive pleadings. 6. Rule 9 of the Rules of Court provides, to wit: Sec. 3. Default; declaration of.- If the defending party fails to answer within the time allowed therefore, 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. 2 7. This adamant refusal of the defendant-spouses to comply with the law should not be left unpunished. The Rules of Court categorically states that failure to answer within the reglementary period would consequently result to the declaration of default against the non- complying party, as in this case, the defendant-spouses Sunil and Lowella Luisa Sitlani. 8. For not answering to the cross claim within ten (10) days upon service of MANLYS Answer, it is undeniable that the Spouses Sitlani should be declared in default by this Honorable Court. PRAYER Wherefore, premises considered, defendant MANLY SPORTWEAR MFG. INC., respectfully prays unto this Honorable Court that the defendant-spouses SUNIL AND LOWELLA LUISA SITLANI be declared in default and be disallowed from taking part of the trial. Other relief and remedies just and equitable under the circumstances are likewise prayed for. 27 June 2006, Pasig City for Pasay City. NOTICE Copy furnished by registered mail with return card: Atty. Arturo S. Santos Counsel for the Plaintif 5/F TRIDA Bldg. T.M. Kalaw cor. Taft Ave. Ermita, Manila Sps. Sunil and Lowella Sitlani Co-defendants No. 07 Shenandoah St., South Green Park, Brgy. Merville, Paraaque City. Gentlemen: 3 Please take notice that the undersigned counsel for the accused will submit the foregoing motion for the consideration and resolution of the Honorable Court on 07 July 2006 at 8:30 in the morning. REQUEST TO THE BRANCH CLERK OF COURT THE BRANCH CLERK OF COURT Regional Trial Court Branch 108, Pasay City Greetings! Kindly set the foregoing motion for hearing and resolution of the Honorable Court immediately upon your receipt thereof and include it in the calendar of cases set for hearing on the date, time and place above written Thank you. 4