Republic of the Philippines

Fourth Judicial Region

REGIONAL TRIAL COURT
Branch XXIII
Trece Martires City, Cavite

,
Plaintiff,

-versus- Civil Case No.

For:

Defendant.
X ------------------------------------------------------------ XX

MOTION TO DECLARE DEFENDANT

IN DEFAULT

COMES NOW, the PLAINTIFF, through the undersigned counsel and unto this

Honorable Court, most respectfully manifests that:

1. On____________________________, the Honorable Court’s Process Server

in the person of ________________________ had duly SERVED the

Summons, in relation to to the instant civil action, to the defendant

__________________________ who is residing

at_____________________________ in the given address and who have as

evidenced by the herein attached RETURN OF SUMMONS attached

herewith as Annexes “A” and “A-1” and both are made integral parts of this

Motion.

2. By reason of the Service of Summons to the defendant on

__________________, he has Fifteen (15) Days or until

__________________ within which to file his ____________ or responsive

pleading (Section _____, Rule ___ of the 1997 Rules of Civil Procedure).

However, defendant did not file his ______________ or responsive pleading

 within the reglementary period, and up to this time, no responsive pleading

has yet been filed by the defendant.

3. Considering defendant’s failure to file his Answer or responsive pleading,

defendant should be declared in default under the categorical mandate of

Section ___, Rule ____ of the 1997 Rules of Civil Procedure, the pertinent

portion of which provides:

Xxx

4. In view of the foregoing discourses, herein plaintiff respectfully moves to

declare defendant _____________________ in default and ardently prays to

this Honorable Court that the (insert the prayer to allow the

presentation of evidence by the plaintiff ex parte) that we be allowed

to present evidence ex-parte in the manner provided for by the Revised Rules

of Court, as amended.

PRAYER

WHEREFORE, above premises considered, it is most respectfully prayed for of

this Honorable Court that the defendant be DECLARED IN DEFAULT and that the relief

and remedies being sought for in the herein plaintiff’s Complaint be granted in toto.

All other reliefs and remedies just and equitable under the foregoing premises

are likewise respectfully prayed for.

_______ CITY for ______________ CITY, _____, __ September 2019.

(insert name of lawyer, IBP No etc.)

 NOTICE OF HEARING

Defendant
____________________ (address)

-and-

Branch Clerk of Court/Clerk of Court VI

Branch ___, RTC - City,

GREETINGS:

Please take notice that the undersigned counsel will submit the foregoing “Motion to
Declare Defendant in Default” for the consideration and approval of this Honorable
Court on______________________, or as soon thereafter as counsel may be heard by
this Honorable Tribunal.

COPY FURNISHED (via LBC EXPRESS):

____________________

LBC Outlet _______________

Date of Mailing ____________

Tracking Number __________

(NOTE: Please see attached LBC EXPRESS’ Official Receipt - Annex “B”).