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Motion For Summary Judgment

This document is a motion for summary judgment filed in the Metropolitan Trial Court of Muntinlupa City in the case of Ermelinda V. Dullavin vs. Florencio Hidalgo. The plaintiff argues that summary judgment should be granted because the defendant and his counsel failed to appear at a preliminary conference and have offered no explanation. Case law is cited establishing that failure to appear results in waiver of the right to present evidence unless a valid justification is provided. The plaintiff requests that the court grant the motion for summary judgment and issue a writ of execution directing the defendant to immediately vacate the property.

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6K views3 pages

Motion For Summary Judgment

This document is a motion for summary judgment filed in the Metropolitan Trial Court of Muntinlupa City in the case of Ermelinda V. Dullavin vs. Florencio Hidalgo. The plaintiff argues that summary judgment should be granted because the defendant and his counsel failed to appear at a preliminary conference and have offered no explanation. Case law is cited establishing that failure to appear results in waiver of the right to present evidence unless a valid justification is provided. The plaintiff requests that the court grant the motion for summary judgment and issue a writ of execution directing the defendant to immediately vacate the property.

Uploaded by

newa944
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT

BRANCH 80

MUNTINLUPA CITY

ERMELINDA V. DULLAVIN,

Plaintiff,

Civil Case No. 7090

FOR: ENFORCEMENT OF
-versus-
BARANGAY SETTLEMENT

FLORENCIO HIDALGO,

Defendant.

x- - - - - - - - - - - - - - - - - - - - - - - - - -
x

MOTION FOR SUMMARY JUDGMENT

PLAINTIFF Ermelinda v. Dullavin, by undersigned counsels and to


this Honorable Court, respectfully states the following:

1. Plaintiff repleads and incorporates herein all the material averments


raised in her verified complaint
2. That both Defendant Hidalgo and his counsel failed to appear at the
preliminary conference scheduled on [INSERT DATE HERE]. In Tubiano vs
Razo1, it was held that the MTC and RTC were correct in declaring the
decision submitted for decision based solely on the complaint, upon failure
of the respondent to appear at the preliminary conference.
3. The record reveals that both the defendant and his counsel offered
no explanation with respect to their non-appearance. As enunciated in
Five Star Marketing Co. Inc. vs Booc2, the Court excuses the non-
appearance only in cases where there is a justifiable cause offered for the
failure to attend. Absent any clear justification for the party and counsels
non-appearance, the defiance of the lawful order of the court as well as the
well-entrenched rule laid down by the rules of procedure on the effect of
non-appearance, cannot be allowed.
4. In short, rules of procedure are essential to the proper, efficient and
orderly dispensation of justice. Such rules are to be applied in a manner
that will help secure and not defeat justice. And as a rightful consequence

1 Tubiano vs Razo - 390 Phil. 863 (2000).


2Five Star Marketing Co. Inc vs Booc - G.R. No. 143331 (2007)
of respondents non-appearance, he is deemed to have waived his right to
present his own evidence.

WHEREFORE, plaintiff respectfully prays that this Honorable Court


GRANT the instant motion in favor of Plaintiff Ermelinda V. Dullavin and
that a Writ of Execution be issued in favour of Plaintiff Emelinda V.
Dullavin, directing Defendant Florencio Hidalgo to immediately vacate 285
Montillano Street, Alabang. Muntinlupa City.

City of Paranaque, November 13, 2017

SAN BEDA COLLEGE ALABANG LEGAL AID CENTER

Counsel for Plaintiff

Room 12E8, St. Benedict Building

San Beda College Alabang

Don Manolo Boulevard, Alabang Hills Village

Muntinlupa City

Tel. No. (02) 236 7222

[email protected]

By:

ATTY. MARITONI RENEE RESURRECCION

Supervising Lawyer

IBP Lifetime No. 04870

PTR No. 2306788C/01-18-16/Quezon City

MCLE Compliance No. V-0020952/05-03-16

Aileen Joy B. Padilla

Intern

Jasmin D. Miroy

Intern

1 Tubiano vs Razo - 390 Phil. 863 (2000).


2Five Star Marketing Co. Inc vs Booc - G.R. No. 143331 (2007)
Joseph James Jimenez

Intern

Leandro Manabat

Intern

Randolph Jon Guerzon

Intern

COPY FURNISHED:

(INSERT DETAILS OF PAO, SEE FORMAT BELOW)

LAW OFFICE OF HOMER A. MABALE

Counsel for Respondent

Unit 9, 2/F Fair Land Properties Inc.,

Nunez Extension, Zamboanga City

1 Tubiano vs Razo - 390 Phil. 863 (2000).


2Five Star Marketing Co. Inc vs Booc - G.R. No. 143331 (2007)

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