REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Ninth Judicial region
Branch 33
Zamboanga City

TIMOTHY MOTORS, INC.,

Represented by its President
REY C. CHEONG,
Plaintiffs, SPECIAL CIVIL ACTION No. 933

-versus- For: Removal of Cloud from Title

BANK OF THE PHILIPPINE ISLANDS,

-and-
TIAN CHIONG
Defendants.
x---------------------------x

MOTION TO DECLARE DEFENDANT BANK OF THE

PHILIPPINE ISLANDS IN DEFAULT

Plaintiff, through undersigned counsel, respectfully states:

1. On June 21, 2018 summons together with the complaints

and all its annexes was duly served on the defendant Bank of the
Philippine Islands per Sherriff’s Return of Summons dated August 6,
2018 and Officer’s Return Report dated July 26, 2018.

Copies are hereto attached as Annexes A, B and C.

2. That defendant Bank of the Philippine Islands has failed to

file its answer within the fifteen (15) days reglamentary period to
answer.

WHEREFORE, it is respectfully prayed that the defendant Bank

of the Philippine Islands be declared in default and that judgment be
rendered granting the plaintiff such relief as his pleading may warrant,
unless the Honorable Court should require the plaintiff to present
evidence ex-parte in accordance with Section 3, Rule 9 of the Rules
of Court.

August 15, 2018, Zamboanga City, Philippines.

 VICTORIANO T. CHIONG JR.
Counsel for the Plaintiff
nd
2 Floor Lavina Hotel, Gov. Alvarez St.
Zamboanga City; Tel. No. (062) 991-7808/992-3748
IBP No. 048127 7/13/18 ZC
PTR No. 1623858 1/5/18 ZC
Roll of Attorney. 42202
MCLE Compliance No. V-0002654 04/15/16 until 4/14/2019

The Clerk of Court

Branch 33
Zamboanga City

NOTICE OF HEARING

Please submit the foregoing motion for the consideration and

resolution of the Honorable Court on August 24, 2018 at 8:30 o’clock
in the morning with or without oral argument.

City of Zamboanga, Philippines, August 15, 2018.

VICTORIANO T. CHIONG, JR.

Copy Furnished:

Bank of the Philippine Islands

BPI Head Office, 6768 Ayala Avenue
Makati City 1226

EXPLANATION

Service of copy on defendant Bank of the Philippine Islands by

registered mail with return card due to distance.

VICTORIANO T. CHIONG, JR.