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Republic of the Philippines

REGIONAL TRIAL COURT


7th Judicial Region
Branch 26
Argao, Cebu

EUSENIO T. ORTEGA,
Plaintiff,

-versus- CIVIL CASE No. AV-1800


For: RECONVEYANCE AND
DECLARATION OF NULLITY of TITLE
TP-4120 and OTHER INSTRUMENTS
HEIRS OF RAUL TABANAO namely with DAMAGES
ARLENE LAYOS-TABANAO, SISTINE
GRACE LAYOS TABANAO, RALLYN
JOY LAYOS TABANAO, JOHN RAAL
LAYOS TABANAO and Spouses
ULYSSES TABANAO and CYNTHIA
TABANAO,
Defendants.
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MOTION TO DECLARE DEFENDANTS HEIRS OF RAUL TABANAO


NAMELY, JOHN RAAL LAYOS TABANAO and SISTINE GRACE LAYOS
TABANAO and SPOUSES ULYSSES TABANAO and CYNTHIA TABANAO
IN DEFAULT

Plaintiff, through the undersigned counsel, to the Honorable Court, most respectfully
alleges THAT:

1. Defendants either by themselves or by their counsel, have not filed an answer to the
complaint to this date. As per the sheriff’s return of service dated September 30,
2015, defendants JOHN RAAL LAYOS TABANAO and Spouses ULYSSES
TABANAO and CYNTHIA TABAANO were personally served with the Summons
together with a copy of the Complaint and its annexes while defendant SISTINE
GRACE LAYOS TABANAO was served through substituted service in accordance
with Section 7, Rule 14 of the Rules of Court on September 22, 2015;

2. On the other hand, defendant ARLENE LAYOS TABANAO and RALLYN LAYOS
TABANAO were not served because both of them were allegedly out of the country.
A Motion for Leave to Serve Summons by Publication has already been filed before
the Honorable Court on October 20, 2015;

3. Thereafter, a Motion for Extension of Time to File Answer was received by this
representation from the counsel of the defendants praying for fifteen (15) days from
the time his services were hired by the defendants or until October 29, 2015 to file the
said Answer;

4. The period for defendants to file their answer to the complaint has already lapsed
with no such responsive pleading to the same being filed with the court and neither
was received by the plaintiff or its counsel;

5. Section 3, Rule 9 of the 1997 Revised Rules of Court provides, to wit:

“If the defendant fails to answer within the time allowed,


therefore the court shall, upon motion of the claiming party with notice
to the defendant and proof of such failure, declare the defendant in
default. Thereupon, the court shall proceed to render judgment granting
the plaintiff such relief as his pleading may warrant, unless the court in
its discretion requires the plaintiff to submit evidence. Such reception of
evidence may be delegated to the clerk of court.

WHEREFORE, premises considered, it is most respectfully prayed that defendants


JOHN RAAL LAYOS TABANAO, Spouses ULYSSES TABANAO and CYNTHIA TABAANO
ad SISTINE GRACE LAYOS TABANAO be declared in default and thereafter, the Honorable
Court shall render judgment granting the plaintiff such reliefs as prayed for in its complaint or
if warranted, plaintiff be allowed to present its evidence in chief ex-parte.

Other just and equitable reliefs are likewise prayed for.

Cebu City (for Argao), Cebu, Philippines. December 14, 2015.

LEILANI TRINIDAD L. VILLARINO


Counsel for the Plaintiff
QCV LAW
Suite 307, Centro Maximo Building
D. Jakosalem St., Cebu City
IBP Life Member Roll No. 013476 1/06/15 Cebu
PTR No. 7119042 1/05/15 Cebu
Attorney Roll No. 47710
MCLE Compliance No. V-0001050
Email address: lani47710@me.com
Mobile No. +63917-326-6816
Office No. (032) 260-1500
REQUEST and NOTICE
Atty. BOY C. TECSON
Branch Clerk of Court
RTC Branch 26
6021 Argao, Cebu

Dear Atty. Tecson;

Kindly submit the foregoing Motion to the Honorable Court for its consideration and
approval on January 4, 2016 at 8:30 o’clock in the morning sans further arguments and presence
of the undersigned.

LEILANI T. L. VILLARINO

Atty. REGAL A. BAQUERFO


Unit 6, Graziane Commercial Bldg.
Naitonal Highway, Poblacion
6021 Argao, Cebu

Dear Atty. Baquerfo;

Kindly take notice that the foregoing Motion will be submitted to the Honorable Court
for its consideration and approval on January 4, 2016 at 8:30 o’clock in the morning sans further
arguments and presence of the undersigned.

LEILANI T. L. VILLARINO

Copy furnished:

Atty. REGAL A. BAQUERFO


Unit 6, Graziane Commercial Bldg.
Naitonal Highway, Poblacion
6021 Argao, Cebu

CERTIFICATION/EXPLANATION

Albeit the 1997 Rules of Civil Procedure, Section 11, Rule 13 thereof, provides that
whenever practicable, the service of pleadings and other papers shall be done personally,
service of copy of the above Motion was done by registered mail inasmuch as personal service
thereof is not practicable on account of distance between office of the undersigned and the
addressee.

LEILANI T. L. VILLARINO