This document is a motion filed in the Regional Trial Court of Malaybalay City, Bukidnon to declare the defendant Genaro Durotan in default. It states that Durotan was served with the summons and complaint on August 14, 2018 but failed to file an answer within the required period. The plaintiff Bukidnon Planters Association, through their lawyer, is requesting that Durotan be declared in default and for the court to render a judgment as warranted by the complaint. The motion was filed on January 18, 2019.
Original Description:
default
Original Title
Judicial Affidavit of Witness Small Claims Delos Reyes Baricuatro
This document is a motion filed in the Regional Trial Court of Malaybalay City, Bukidnon to declare the defendant Genaro Durotan in default. It states that Durotan was served with the summons and complaint on August 14, 2018 but failed to file an answer within the required period. The plaintiff Bukidnon Planters Association, through their lawyer, is requesting that Durotan be declared in default and for the court to render a judgment as warranted by the complaint. The motion was filed on January 18, 2019.
This document is a motion filed in the Regional Trial Court of Malaybalay City, Bukidnon to declare the defendant Genaro Durotan in default. It states that Durotan was served with the summons and complaint on August 14, 2018 but failed to file an answer within the required period. The plaintiff Bukidnon Planters Association, through their lawyer, is requesting that Durotan be declared in default and for the court to render a judgment as warranted by the complaint. The motion was filed on January 18, 2019.
COMES NOW, Plaintiff, through the undersigned counsel
and unto this Honorable Court, most respectfully states, that:
1. The records of this case show that Defendant through
Ahlmei Buli-buli (defendant’s house helper), was served with copy of the summons and of the complaint, together with annexes thereto on August 14, 2018 per Sheriff’s Return dated August 15, 2018 signed by Sheriff IV Levy B. Akut, Jr;
2. Upon verification however, the records show that
Defendant has failed to file his Answer within the reglementary period specified by the Rules of Court despite the service of the summons and the complaint upon him; 3. As such, it is respectfully prayed that Defendant be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.
PRAYER
WHEREFORE, it is respectfully prayed that Defendant
_____________ be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.
Other relief just and equitable are likewise prayed for.
Malaybalay City, Bukidnon. January 18, 2019.
LAGAMON AND ASSOCIATES LAW OFFICE
COUNSEL FOR PLAINTIFF 2nd Floor JAMSTAR Building, Corners JP Carillo- San Isidro Sts., Barangay 5, Malaybalay City, Bukidnon
By:
DENCE CRIS L. RONDON
Member of the Bar PTR No. 8154304/03-JAN-2019 IBP No. 62183/04-JAN-2019 ROLL of Attorney’s No. 67495 TIN 496-556-017-000 MCLE Compliance No. VI-00011647
Copy furnished:
GENARO DUROTAN Poblacion, Quezon Bukidnon NOTICE
THE CLERK OF COURT
RTC, Branch 9 Malaybalay City, Bukidnon
GENARO DUROTAN Poblacion, Quezon Bukidnon
Please take note/submit the foregoing motion for the
consideration and approval of the Honorable Court at a date and time most convenient to the Honorable Court.
DENCE CRIS L. RONDON
EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)
Due to distance, time constraints, and sufficient manpower,
personal filing to Genaro Durotan was not resorted to and instead a copy of the same was sent via registered mail with attached registry receipts to the addressee.
Dennis Wiley, As Next of Friend, Parent, and Guardian of Trilby Wiley Dennis Wiley Elaine Wiley, His Wife v. State Farm Fire & Casualty Co. Floyd Wiley, JR, 995 F.2d 457, 3rd Cir. (1993)