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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH 108, PASAY CITY
CLINTON APPAREL, INC.,
Plaintif,
CIVIL CASE NO. 06-0167-CFM
-versus- For: Sum of Money with
Attachment
MANLY SPORTS MFG.,
INC., And THE SPOUSES
SUNIL SITLANI, And
LOWELLA LUISA
SITLANI,
Defendants.
X-----------------------------------------------------------------------------------------------X
MOTION TO DECLARE CO-DEFENDANT IN DEFAULT
Defendant MANLY SPORTWEAR MFG., INC. (herein referred to as
MANLY for brevity), through counsel, unto this Honorable Court, herein
respectfully avers that::
1. On 02 May 2006, MANLY fled its Answer with Counter-claim
and Cross Claim before this Honorable Court.
2. On even date, Spouses Sunil and Lowella Sitlani were
furnished with a copy of the said Answer, sent through the Post Ofce of
Ermita, Manila, as evidenced by the Registry Receipt No. 007908. Even
though the Registry Return Receipt contains no date, it was adequately
provided therein that the same was received by the addressees agent. A
copy of the Registry Return Receipt is hereto attached as Annex A.
3. Notably, MANLYS Answer mainly asserted sole liability
against SUNIL SITLANI in the alleged transactions of the present case.
4. Paragraphs 17 and 18 of the Cross Claim had stated, to wit:
Par. 17. If at all, the transactions in question were
purely and solely contracted by defendant Sunil, i.e.,
without authority and consent of defendant MANLY.
And, to be sure, said obligations did not redound to the
beneft of the company.
Par. 18. Accordingly, in the unlikely event that
defendant Manly is adjudged and made to pay the
subject obligations, defendant Sunil and his spouse
should be adjudged and made to pay whatever amount
herein defendant has to pay to the plaintif.
4. Aside from the fact that co-defendant Sunil and Lowella
Sitlani never bothered to fle their Answer to the Complaint fled by
Petitioner Clinton on 10 February 2006, the latter also utterly failed to
fle their Answer to the Cross Claim asserted by MANLY within the
reglementary period of ten (10) days as mandated by Section 4 Rule 11 of
the Rules of Court.
5. Neither did the Spouses Sitlani asked this Honorable Court to
grant them an extension of time to fle their responsive pleadings.
6. Rule 9 of the Rules of Court provides, to wit:
Sec. 3. Default; declaration of.- If the
defending party fails to answer within the time
allowed therefore, the court shall, upon motion of
the claiming party with notice to the defending
party, and proof of such failure, declare the
defending party in default. Thereupon, the court
shall proceed to render judgment granting the
claimant such relief as his pleading may warrant,
unless the court, in its discretion requires the
claimant to submit evidence. Such reception of
evidence may be delegated to the clerk of court.
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7. This adamant refusal of the defendant-spouses to comply
with the law should not be left unpunished. The Rules of Court
categorically states that failure to answer within the reglementary period
would consequently result to the declaration of default against the non-
complying party, as in this case, the defendant-spouses Sunil and
Lowella Luisa Sitlani.
8. For not answering to the cross claim within ten (10) days
upon service of MANLYS Answer, it is undeniable that the Spouses
Sitlani should be declared in default by this Honorable Court.
PRAYER
Wherefore, premises considered, defendant MANLY SPORTWEAR
MFG. INC., respectfully prays unto this Honorable Court that the
defendant-spouses SUNIL AND LOWELLA LUISA SITLANI be declared in
default and be disallowed from taking part of the trial.
Other relief and remedies just and equitable under the
circumstances are likewise prayed for.
27 June 2006, Pasig City for Pasay City.
NOTICE
Copy furnished by registered mail with return card:
Atty. Arturo S. Santos
Counsel for the Plaintif
5/F TRIDA Bldg.
T.M. Kalaw cor. Taft Ave.
Ermita, Manila
Sps. Sunil and Lowella Sitlani
Co-defendants
No. 07 Shenandoah St., South Green Park,
Brgy. Merville, Paraaque City.
Gentlemen:
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Please take notice that the undersigned counsel for the accused
will submit the foregoing motion for the consideration and resolution of
the Honorable Court on 07 July 2006 at 8:30 in the morning.
REQUEST TO THE BRANCH CLERK OF COURT
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 108, Pasay City
Greetings!
Kindly set the foregoing motion for hearing and resolution of the
Honorable Court immediately upon your receipt thereof and include it in
the calendar of cases set for hearing on the date, time and place above
written
Thank you.
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