Republic of the Philippines

Judicial Region of the Seven Kingdom

REGIONAL TRIAL COURT
Branch 03, Kings Landing

DAENERYS TARGARYEN,
Plaintiff,
Civil Case No. 000909
- versus -
CERSEI LANNISTER,
Defendant.
x ---------------------------- x

MOTION TO LIFT ORDER OF DEFAULT

DEFENDANT, by Counsel, respectfully states that,

1. On January 25, 2016, a collection of sum of money amounting to

P25,000 was filed against defendant in this court.
2. The P25,000 is the actual indebtedness of the defendant to the
plaintiff which the defendant used to defray the cost of hospitalization
of his daughter.
3. The Defendant received the summons of the collection case at her
address in #15 Lannister St., Kings Landing, Seven Kingdoms,
Philippines, on February 11, 2016, sixteen days (16) from the filing of
the suit by the plaintiff.
4. The defendant is given fifteen days (15) after the receipt of summons
to timely file an answer and such period to file an answer must run or
commence from February 12, 2016.
5. The defendant was able to file an answer within the reglementary
period of fifteen days after receipt of summons
6. The Motion to Declare Defendant in Default is unfounded considering
that it based its reckoning period to file an answer after the plaintiff
filed its complaint and not after the defendant received the copy of the
summons which is the legally established and accepted reckoning
period.
7. That if given the opportunity, there will be a presentation of a
meritorious defense that could possibly render a judgment in favor of
the defendant. The defense being that the defendant had already
considered its obligation paid after the plaintiff had not paid for more
than a year the purchase price of a smart phone valued at P20, 000
pesos which the plaintiff purchased at the defendants residence. The
P5, 000 will be accounted for as interest that runs for a year of non-
payment by the plaintiff.
 8. Receipts for the purchase of the smart phone by the plaintiff are
readily available for presentation as evidence.
9. Under the circumstances, the order of default is premature because (a)
the defendant did not fail to file the answer within the reglementary
period, since (b) the reglementary period has not lapsed as it only
commenced on February 12, 2016.

WHEREFORE, Defendant respectfully prays that the order of default be

LIFTED and that the defendant be given the time file her Answer.

(Sgd.) ATTY. MARK JEEG JAMIN

Counsel for Defendant
Stark, Baratheon, Arryn Law Firm
Winterfell, North of Westeros, Philippines
Roll No. 123456
IBP No. 00214365/ 1-05-2014/ Winterfell
PTR No. 0056789/ 1-05-2014/ Winterfell
MCLE Compliance No. 3245643
TIN No. 234-123-987
CTC No. 253-645-987
branstark@gmail.com/ 09123456789
REPUBLIC OF THE PHILIPPINES)
CITY OF KINGS LANDING ) SS.

AFFIDAVIT OF MERIT

I, CERSEI LANNISTER, of legal age, single, resident of Quezon

City, after being duly sworn, depose and say;

1. That I am the defendant in the case entitled Daenerys Targaryen

vs. Cersei Lannister docketed as case No. 000909 of the Court of
First Instance of Kings Landing an action for collection for sum of
money;

2. That I was not timely served and never received any papers from
any sheriff at my address in #15 Lannister St., Kings Landing,
Seven Kingdoms, Philippines.

3. That I received the summons only on February 12, 2016 which is

sixteen days from the filing of the collection suit in January 25,
2016.

4. That if given the opportunity, I will present a meritorious defense

that could possibly render a judgment in my favor. The defense
being that I have already considered my obligation paid after the
plaintiff had not paid for more than a year the purchase price of a
smart phone valued at P20, 000 pesos which the she purchased at
the my residence. The P5, 000 will be accounted for as interest that
runs for a year of non-payment by the plaintiff.

5. That the receipts for the purchase of the smart phone by the
plaintiff are readily available for presentation as evidence.

(Sgd) CERSEI LANNISTER

Affiant

SUBSCRIBED and sworn to before me this 15th day of February 2016, in

Kings Landing, Seven Kingdoms, Philippines.

(Seal and Documentary Stamp) NOTARY PUBLIC

My commission expires
Dec. 31, 2017
Doc. No. 27;
Page No. 27;
Book No. 27;
Series of 2016