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Motion To Lift Order of Default

This document is a motion filed by defendants Wilson Sullano et als. requesting that the court lift its previous order declaring the defendants in default. It summarizes that the defendants' previous answer led to the dismissal of the plaintiff's initial case. When the plaintiff refiled, the defendants informed their public attorney but due to personnel changes, their new attorney failed to properly file an answer on time. As a result, the plaintiff filed for default. The motion requests the court lift the default order to allow the defendants to defend themselves, as remedies are still available under the rules of civil procedure. It aims to protect the defendants' rights in the case.

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Jo Edward Yecyec
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5K views3 pages

Motion To Lift Order of Default

This document is a motion filed by defendants Wilson Sullano et als. requesting that the court lift its previous order declaring the defendants in default. It summarizes that the defendants' previous answer led to the dismissal of the plaintiff's initial case. When the plaintiff refiled, the defendants informed their public attorney but due to personnel changes, their new attorney failed to properly file an answer on time. As a result, the plaintiff filed for default. The motion requests the court lift the default order to allow the defendants to defend themselves, as remedies are still available under the rules of civil procedure. It aims to protect the defendants' rights in the case.

Uploaded by

Jo Edward Yecyec
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


11TH Judicial Region, Branch 41
Municipality of Cantilan, Surigao del Sur

NIDA GASIS ULVIDA


Plaintiff,

---versus--______

Civil Case No.


For : Damages

WILSON SULLANO, ET ALS.


Defendants
x--------------------------------------x

MOTION TO LIFT/VACATE ORDER OF DEFAULT


AND ADMIT ATTACHED ANSWER

Defendants,
through
the
undersigned
Public
Attorney and to this Honorable Court, after having been
duly deposed and having been placed under oath, hereby
say:
1. That at the outset of this case, Defendants Answer
caused the dismissal of Plaintiffs case, without
objection from defendants and counsel, giving plaintiff
a chance to re-file the same;
2. When Plaintiff re-filed anew a Complaint, Defendants
wasted no time in going to the Public Attorneys Office
to inform their lawyer that a case has been refiled
against them. Unfortunately, their lawyer was already
re-assigned to another PAO District Office and it was
herein undersigned lawyers first day at work;

3. Faced with a challenge that could aptly be


characterized as baptism by fire, the new PAO
lawyers first day is a hearing day much to his surprise.
He took defendants Summons and assured them that a
new Answer shall be filed in their behalf;
4. Much to their chagrin, their new lawyer erred in placing
their Summons and a copy of the new Complaint, inside
the old case folder, which was already labelled
DISMISSED as it was in fact, just dismissed. This was
the start of their misery, for as observed by plaintiffs
counsel -----and as admitted by the undersigned
neophyte lawyer---- they were jolted awake by plaintiffs
filing of a Motion to Declare Defendant in Default;
5. To
protect
defendants
rights,
public
counsel
immediately submitted a Motion to Admit Belatedly
Filed Answer, with explanation as to how this
unfortunate delay happened;
6. The Honorable Court, through the then Acting Presiding
Judge Rufo U. Naragas, declared Defendants in Default.
On June ___ hearing, Plaintiffs asked to present their
evidence ex parte considering the Default order against
defendants.
Said ex parte presentation did not
materialize as defendants asked that they be given a
chance to file a Motion to Lift/Vacate Order of Default, a
remedy still available to them under Sec. 3 Rule 9 of
the Rules of Court;
BASIS FOR LIFTING OF ORDER OF DEFAULT

PRAYER
WHEREFORE, premises considered, it is most
respectfully prayed to this Honorable Court that this
Manifestation be given due course and this case be ordered
finally DISMISSED.
Further, for the benefit of the private complainant, we
pray that a Permanent Protection Order be issued in favor of
Rita Solejon Granaderos.

Such other relief and remedies, consistent with law and


equity are likewise prayed for.
SUBMITTED, this 16th day of June 2016 in the City of
Tandag, Surigao del Sur.

Rita Solejon Granaderos


Granaderos

Genilo

Quezada

With Conformity:
Pros. Benjamin P. Uy
Yecyec
Handling State Prosecutor
Counsel for the State

Atty. Jo Edward F.
Public Attorney I
Counsel for Accused

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