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ANNOTATION
THE RULE ON DEFAULTS
By
Atty. FLORIMOND C. ROUS
1. Introduction, p. 870.
2. Consequences of a Default Order, p. 873.
3. Remedy of Defaulted Party, p. 875.
4. Extent of Relief Allowed, p. 878.
5. When Defaults are not Allowed, p. 879.
1. Introduction
Judgment by default.If the defendant fails to answer
within the time specified in these rules, the court shall,
upon motion of the plaintiff and proof of such failure,
declare the defendant in default Thereupon the court shall
proceed to receive the plaintiffs evidence and render
judgment granting him such relief as the complaint and the
facts proven may warrant. This provision applies where no
answer is made to a counterclaim, crossclaim, or third
party complaint within the period specified in these rules.
(Rule 18, Section 1, Revised Rules of Court.).
Under the old rules, a judgment by default was referred
to as the judgment rendered against the defendant for his
failure to answer. (Veluz vs. Justice of the Peace of Sariaya,
42 Phil. 557). Said definition was not clear enough to give
the true distinction between an order of default and a
judgment by default. The latter term is broader since it
includes a judgment based on the evidence presented by
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