Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 274, Quezon City
GERARDO H. GARCIA,
Plaintiff,
-versus-

RONALD S. REYES and

RIZA D. REYES,
Defendants.
x----------------------------------------x

Civil Case No. 111213

For: Sum of Money

MOTION FOR LEAVE OF COURT

TO FILE THIRD PARTY COMPLAINT
DEFENDANTS, by counsel, respectfully states:
1.
Plaintiff sued defendants for collection of a sum of
money allegedly arising from failure to comply with their
contractual obligations as contractors.
2.
However, without necessarily admitting the
allegations in the Complaint, defendants had entered into a
surety agreement with Mario A. Mejia, who is not impleaded as
a defendant. Hence, resolution of this case cannot be complete
without impleading Mejia.
3.
Defendants therefore move that the Honorable
Court admit the filing of the attached Third Party Complaint
against Mario A. Mejia for the reasons stated therein, and that
it be served upon the third party defendant.

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MOTION FOR LEAVE OF COURT TO FILE THIRD PARTY COMPLAINT
Gerardo H. Garcia vs. Ronald S. Reyes and Riza D. Reyes
Civil Case No. 111213
x--------------------------------------------------------------------------------x

PRAYER
WHEREFORE, defendants pray that the Honorable Court
admit the attached Third Party Complaint, and that summons
be served upon Mario A. Mejia.
Other remedies equitable under the premises are
likewise prayed for.
Makati City, Philippines, 6 November 2015.

REYNALDO L. RODRIGUEZ
Counsel for the Plaintif

Roll No. 34147

IBP No. 987719; 1-07-2015
MCLE Compliance No. V-0011787; 8-14-15

Suite 5, 8TH Floor Zenith Building

76 Herrera St., Legaspi Village
1228 Makati City
Telephone No. 779-5401; Fax No. 779-5402
Email address: rlrodriguez@rodriguezlaw.com.ph

Page 3 of 4
MOTION FOR LEAVE OF COURT TO FILE THIRD PARTY COMPLAINT
Gerardo H. Garcia vs. Ronald S. Reyes and Riza D. Reyes
Civil Case No. 111213
x--------------------------------------------------------------------------------x

NOTICE OF HEARING
The Clerk of Court
Regional Trial Court-Quezon City
Branch 274
Atty. Marie O. Miguel
153 Maria Y. Orosa St.
Ermita, Manila
Greetings:
Please take notice that this Motion for Leave of Court to
File Third Party Complaint is set for hearing on Friday, 25
November 2015, at 8:30 am, or soon after as counsel may be
heard, for the Honorable Courts approval.

REYNALDO L. RODRIGUEZ

EXPLANATION AS TO SERVICE

Page 4 of 4
MOTION FOR LEAVE OF COURT TO FILE THIRD PARTY COMPLAINT
Gerardo H. Garcia vs. Ronald S. Reyes and Riza D. Reyes
Civil Case No. 111213
x--------------------------------------------------------------------------------x

A copy of this Motion was served upon counsel for

plaintiff through registered mail: personal service cannot be
made due to lack of manpower, the distance, and time
constraints.

REYNALDO L. RODRIGUEZ

Copy furnished:

Atty. Marie O. Miguel

Counsel for Gerardo H. Garcia
153 Maria Y. Orosa St.
Ermita, Manila