REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th Judicial Region
BRANCH 54
Lapu-Lapu City

LUCRICIA BARING TANEO,

DIOSCORO BARING, JESUS CIVIL CASE No. R-LLP-17-02256-CV
SENERPIDA IGOT, MACARIO
IGOT, NESTOR REMULTA For: DECLARATION OF NULLITY
PINO, MIGUEL REMULTA OF TITLE with DAMAGES
IGOY, JUAN INIHAO, JERRY
TIOK and EVANGELINE
TALINGTING,
Plaintiffs,

-versus-

ORANGEVILLE DEVELOPMENT
CORPORATION,
Defendant.

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EX PARTE MOTION TO DECLARE

DEFENDANT IN DEFAULT

Plaintiffs, by counsel and unto this Honorable Court,

respectfully state that:

1. The records of the Honorable Court show that a

Summons by Publication was effected upon the defendant upon motion by
the plaintiffs and by Order granting such motion issued by this Honorable
Court on March 11, 2019;

2. The Summons by Publication was published once a week

for three (3) consecutive weeks in a newspaper of general circulation in the
Philippines; it was published by PhilSTAR Daily, Inc., a domestic corporation
duly organized and existing under Philippine laws, in The Philippine STAR in
its issues on April 24, May 1, and May 8, 2019 evidenced by the Affidavit of
Publication with newspaper clippings copies of which are hereto attached as
Annexes “A”, “A-1”, “A-2”, and “A-3”;

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 3. However, upon verification, the records show that
defendant Orangeville Development Corporation failed to file its Answer
within the reglementary period of sixty (60) days from the date of last
publication of the Summons on May 8, 2019 as directed in said Summons
pursuant to the Revised Rules of Court

4. In view of the failure of the above-named defendant to

file its responsive pleading within the prescribed period, the defendant may
now be validly declared in default pursuant to Section 3, Rule 9 of the 1997
Rules of Civil Procedure which provides:

“Section 3. Default; declaration of. — If the

defending party fails to answer within the time
allowed therefor, 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.”

5. This motion is filed in all good faith.

PRAYER

WHEREFORE, it is most respectfully prayed that defendant

Orangeville Development Corporation be declared in default pursuant to
Section 3, Rule 9 of the 1997 Rules of Civil Procedure and that the plaintiffs
be allowed to present evidence ex-parte and that judgment be rendered
granting them such relief as the complaint and the facts proven may
warrant.

Other reliefs, just and equitable under the given circumstances,

are likewise prayed for.

Cebu City, Philippines, September 18, 2019.

COUNSEL

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THE BRANCH CLERK OF COURT
RTC, BRANCH 54, Lapu-Lapu City

Greetings:

Please submit the foregoing motion for the consideration and

approval of the Honorable Court upon receipt hereof.

COUNSEL

Copy furnished:

ORANGEVILLE DEVELOPMENT
CORPORATION
Suite 109, Madrigal Building
Escolta, Binondo
Metro Manila

Explanation:

Service is done by registered mail to the last known address of

the defendant due to far distance.

COUNSEL