FORM NO.

16: MOTION FOR SUMMARY JUDGMENT

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
BRANCH 80
MUNTINLUPA CITY

JETH A. AVILA
Plaintiff,
versus
Civil Case No. 3016
FOR: ENFORCEMENT OF
BARANGAY SETTLEMENT

RICH ASUNCION,
Defendant.

MOTION FOR SUMMARY JUDGMENT

PLAINTIFF Jeth A. Avila, by undersigned counsels and to this Honorable Court, respectfully states
the following:

1. Plaintiff repleads and incorporates herein all the material averments raised in her verified
complaint
2. That both Defendant Rich Asuncion and his counsel failed to appear at the preliminary
conference scheduled on March 16, 2021.
3. The record reveals that both the defendant and his counsel offered no explanation with
respect to their non- appearance. As jurisprudence dictates that the Court excuses the non-
appearance only in cases where there is a justifiable cause offered for the failure to attend.
4. In short, rules of procedure are essential to the proper, efficient and orderly dispensation of
justice. Such rules are to be applied in a manner that will help secure and not defeat the end
of justice. And as a rightful consequence of respondent’s non-appearance, he is deemed to
have waived his right to present his own evidence.

WHEREFORE, plaintiff respectfully prays that this Honorable Court GRANT the instant motion in
favour of Plaintiff Jeth A. Avila and that a Writ of Execution be issued in favor of Plaintiff Jeth A. Avila,
directing Defendant Richa Asuncion to immediately vacate 236 Montillano Street, Alabang, Muntinlupa
City.

City of Paranaque, May 1, 2021

SUAREZ LAW FIRM

Counsel for Plaintiff

Alabang Hills Village

 Muntinlupa City
Tel. No. (03) 246 8333
Suarezfirm@gmail.com

COPY FURNISHED:

LAW OFFICE OF JOSELLE REYES

Counsel for Respondent

Unit 7, 1/G Fair Land Properties Inc.,

Nunez Extension, Zamboanga City