Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
BRANCH 62
Makati City

CWS PHILIPPINES, INC.,

Plaintiff, CIVIL CASE NO. R-MKT-
19-01247-CV
-versus-

RICO G. RICO,
Defendant.
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OMNIBUS MOTION TO LIFT ORDER OF DEFAULT AND TO

ADMIT ANSWER

Defendant, through the undersigned counsel and unto this Honorable

Court, most respectfully states that:

1. That on 17 June 2019, herein defendant through counsel, filed a

Motion to Admit Answer and a responsive pleading (Answer).

2. Consequently, Defendant was declared to be in default in an Order of

this Honorable Court dated 28 June 2019, when he failed to attach in
 his answer the copy of the motion to admit answer within the
reglementary period.

3. Defendant begs for a reconsideration of the 28 June 2019 Order

declaring him in default, for the reason that the undersigned counsel’s
messenger was unable to file before the Honorable Court the Motion
to Admit Answer, together with the Answer, due to his haste and
confusion.

4. As a matter of fact, it was only on 17 July 2019, when the Order was
received, when the undersigned counsel discovered that the Motion to
Admit Answer was not actually filed by her messenger. The
undersigned counsel even stated in its Motion to Recall Order dated 08
July 2019 that the Motion to Admit (with Entry of Appearance) was
personally filed, with the attachment of Answer to the Complaint.

5. The non-filing of the Motion to Admit Answer was made in good faith
and without any malice. In fact, in the motion to recall Order filed on
08 July 2019, by the Defendant through the undersigned counsel, it
even stated that a
6.