Republic of the Philippines
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 275
Las Pinas City
PEOPLE OF THE PHILIPPINES,
Petitioner,
- versus - Civil Case No. 94-467
FOR: QUIETING OF TITLE
COMMERCIAL HOUSE
OF FINANCE,INC., ET.AL.
Respondents
X--------------------- x
MOTION TO LIFT ORDER OF DEFAULT
COMES NOW, the Defendant, through the undersigned counsel
and unto this Honorable Court, most avers THAT:
1) Since 1980, defendant ANTONIO V. REYES, has already
been out of the country and has been living in the United States;
2) Defendant has not returned since the latter left the
Philippines;
3) Defendant left his spouse ELISA F. REYES back in the
Philippines;
4) The spouse of the defendant ANTONIO V. REYES,
ELISA F. REYES, received a copy of the Summons relative to the
above-entitled case;
5) However, ELISA F. REYES, was not able to attend the
previous hearings of the instant case because , aside from the
fact the she is living without the company of her husband,
ANTONIO REYES, ELISA REYES has difficulty in hearing and
reading because of advance age;
6) Also, ELISA REYES can no longer travel without being
accompanied by another person;
7) Because of these justifiable reasons and being unaware of
court proceedings and its exigencies, ELISA REYES was not able to
1
attend immediately in the instant case. She was not able to, at the
very least, acquire service of a counsel;
8) Last October 22, 2007, ELISA REYES, while being
accompanied by the niece, ELENA SALMA , was informed that in
so far as Defendant ANTONIO REYES is concerned, the same has
already been declared in default;
9) The defendant is very much interested in further pursuing
their case and admits having committed mistake and excusable
negligence;
10) Thus, in the higher interest of justice , the indulgence of this
Honorable Court is begged and it is most respectfully prayed that
the Court’s Order dated August 12,1994 declaring the defendant in
default and setting the case for presentation of evidence ex-parte
be set aside;
11) It is noteworthy to state that:
“Liberality is the rule in considering a motion for
reconsideration.(Del Rosario vs. Hamoy, 151 SCRA 719 , 722 , June
30, 1987; Tejero vs. Rosete, 137 SCRA 69 , 74-75 , June 19,1985; Flores
vs. Buencamino, 74 SCRA 332 , 335-337 , December 17,1976).
It is best for the trial court to give both the
plaintiff and the defendant a chance to litigate their causes
fairly and openly , without resort to technicality. (Zenith
Insurance Corp. vs. Judge Purisima, 199 Phil. 291, 294, May 31,1982;
Pineda vs. CA , 67 Phil. 228, 234-235 , September 30,1975) .
Unless the reopening of the case is clearly intended for
delay courts should be liberal in setting aside orders barring
defendants from presenting evidence. Judgments based on an
ex-parte presentation of evidence are generally frowned upon.
(Zenith Insurance Corp. vs. Judge Purisima, supra; Sarmiento vs. Juan,
205 Phil. 335, January 28,1983; Pineda vs. CA, supra).
WHEREFORE, premises considered, it is most respectfully prayed of
this Honorable Court that the Order of Default be set aside/lifted based
on the above reasons.
Other relief and remedies as may be deemed just and equitable under
the premises are likewise prayed for.
Las Piñas City, Metro-Manila.
21 November 2007
2
DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Las Piñas City District Office
3rd Floor, Hall of Justice
Las Piñas City, Metro Manila
ERIC P. FUENTES
Public Attorney II
VERIFICATION
Republic of the Philippines )
Las Pinas City) S.S.
I, ELISA FERRER REYES, of legal age, Filipino Citizen , married ,
and resident of 24 MARIA CLARA ST. PLAIN VIEW MANDALUYONG
CITY, after having been duly sworn in accordance with law do hereby
depose and say THAT:
1.) I am the spouse of the defendant in the above-entitled case;
2.) I have caused the preparation of the foregoing Motion to Lift
Order of Default and have read the allegations contained
therein;
3.) The allegations in the said complaint are true and correct of my
own knowledge and authentic records.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
_____ day of January 2008, in the City of Las Pinas.
SUBSCRIBED AND SWORN to before me this ______day of
JANUARY 2008 in the City of Las Pinas , affiant exhibiting to me her
Comm. Tax Cert. No.________________ issued at _________________on
January ______, 2008.
Doc. No. ________
Page No. ________
Book No. ________
Series of 2008
NOTICE OF HEARING AND COPY FURNISHED
The Branch Clerk of Court
RTC- Branch 275
Las Piñas City
ATTY. DINO VIVENCIO A.A. TAMAYO
3
POBLADOR BAUTISTA & REYES
Counsel for AYALA LAND, INC
5TH FLOOR SEDCCO BLDG.
130 RADA CORNER LEGASPI STREETS
LEGASPI VILLAGE , MAKATI CITY
Greetings!
Kindly submit the foregoing motion to the Honorable Court for its
consideration and approval on JANUARY _____, 2008 at 2:00 in the
afternoon.
ATTY. ERIC P. FUENTES
EXPLANATION OF SERVICE
Copy of the Motion to Lift Order of Default was served to the
counsel for the plaintiff by registered mail due to time and distance
constraints , and for lack of the undersigned’s staff who can serve the
same in person.
ATTY. ERIC P. FUENTES
AFFIDAVIT OF MERIT
Republic of the Philippines )
Las Pinas City) S.S.
I, ELISA FERRER REYES, of legal age, Filipino Citizen , married ,
and resident of 24 MARIA CLARA ST. PLAIN VIEW MANDALUYONG
CITY, after having been duly sworn in accordance with law do hereby
depose and say THAT:
1. I am the spouse of the defendant in the above-
entitled case;
2.
12) I have caused the preparation of the foregoing Motion to Lift
Order of Default and have read the allegations contained therein;
13) The allegations in the said complaint are true and correct of
my own knowledge and authentic records.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
_____ day of January 2008, in the City of Las Pinas.
4
SUBSCRIBED AND SWORN to before me this ______day of
JANUARY 2008 in the City of Las Pinas , affiant exhibiting to me her
Comm. Tax Cert. No.________________ issued at _________________on
January ______, 2008.
Doc. No. ________
Page No. ________
Book No. ________
Series of 2008
