REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
CALOOCAN CITY
BRANCH 129

GAMES TO GO, INC.,

Plaintiff,

-versus - CIVIL CASE NO. C-25760

FOR: SUM
OF MONEY &
DAMAGES

TRICE CONSTUCTION SERVICES

CO., MICHAEL R. RANIT and
CRISANTO JUARIO EVANGELISTA,
Defendant(s),
x--------------------------------------------x

MOTION TO:

A. CONSIDER SUMMONS AS PROPERLY SERVED ON

TRICE CONSTRUCTION SERVICES, CO.;

and

B. TO DECLARE DEFENDANTS TRICE CONSTRUCTION

SERVICES CO. AND MICHAEL R. RANIT IN DEFAULT

Plaintiff, by undersigned counsel, respectfully states:

A. MOTION TO CONSIDER SUMMONS AS PROPERLY

SERVED ON TRICE CONSTRUCTION SERVICES, CO.

1. On November 6, 2020 undersigned counsels received a copy of

the sheriff’s return dated October 21, 2020. The sheriff’s return stated
that he had served summons on Michael Ranit at Block 1, Lot 12, Phase
2C, Aguho Street, Metro Manila Hills Subdivision, Barangay San Jose,
Rodriguez, Rizal on October 15, 2020 by personally handing it to Gina
Ranit upon the verbal instruction of Michael Ranit.

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 2. In the same return, the sheriff reported that as per information
given by Michael Ranit, Trice Construction Services Co. (Trice) had
already closed its operations. Thus, the sheriff reported that summons
was served only with respect to Michael Ranit.

3. As stated in the complaint, the business address of Trice is

Block 1 Lot 12 Phase 2-C, Aguho Street, Metro Manila Hills Subdivision,
Barangay San Jose, Rodriguez Rizal, the very same address as that
defendant Michael R. Ranit; and that said defendant is the general
manager and authorized representative of Trice.

4. Under Section 12, Rule 14 of the Revised Rules of Civil

Procedure, when the defendant is a corporation, partnership or
association organized under the laws of the Philippines, the service of
summons may be made on the president, managing partner, general
manager, corporate secretary, treasurer or in-house counsel of the
corporation wherever they may be found, or in their absence or
unavailability, on their secretaries.

5. Considering that the business address of Trice is the same as

that of defendant Michael Ranit, and the latter is the general manager of
the former, it is respectfully submitted that the service made by the
sheriff on Michel R. Ranit should also be considered as service of
summons upon Trice. As such, Trice should be considered as having
been properly served with summons and the complaint.

B. TO DECLARE DEFENDANTS TRICE CONSTRUCTION

SERVICES CO. AND MICHAEL R. RANIT IN DEFAULT

6. Plaintiff repleads the foregoing allegations insofar as material

and relevant, and further states as follows.

7. Summons was served on Michael R. Ranit on October 15, 2020.

Upon the other hand, should the Honorable Court consider the
foregoing arguments, then summons should be considered to have also
been served upon Trice on the same date.

8. While it would appear that defendant Michael R. Ranit filed a

motion for extension of time to file answer dated November 11, 2020,
for which the Honorable Court granted him until December 30, 2020 to
do so, the Public Attorney’s Office has filed a manifestation dated
January 5, 2021 saying that the motion for extension of time was
intended for defendant Crisanto Evangelista, who has since filed his
answer.

9. In any event, more than thirty (30) days have already lapsed
since service of summons upon defendants Trice and Michael R. Ranit
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and neither of them have filed their answers or moved for an extension
of time to do so.

10. Because of this, it is respectfully submitted that they may now

be declared in default pursuant to Section 3, Rule 9 of the Revised Rules
of Court.

RELIEF

WHEREFORE, premises considered, Plaintiff Games to Go, Inc.

most respectfully petitions the Honorable Court that:

1. Summons be considered to have been properly served on

defendant Trice Construction Services Co., and

2. Defendants Trice Construction Services, Co. and Michael R.

Ranit be declared in default.

Other equitable reliefs are requested for.

Makati City for Caloocan City. January 19, 2021

VALERIO & ASSOCIATES LAW OFFICES

Counsel for Plaintiff
17/F Petron Megaplaza Building
358 Sen. Gil Puyat Avenue
Makati City

By:

BENEDICTO M. VALERIO, JR.

PTR No. 8533097 / 1.04.21 / Makati City
IBP Lifetime Member No. 01668 / Quezon Province Chapter
Roll of Attorneys No. 34966
MCLE Compliance No. VI-0022385 / 4.04.19
Email address: bmv@valeriolawoffices.com
Telephone No. 88565191

JONATHAN P. ONG
PTR No. 8533096 / 01-04-2021 / Makati City
IBP Lifetime Member No. 01665 / Makati City Chapter
Roll of Attorneys No. 39216
MCLE Compliance No. VI-0023851/ 04-17-2019
Email address: attyjonathanpong@gmail.com
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 Mobile No. 09175391889

Copies Furnished:

Trice Construction Services Co./

Michael R. Ranit
Block 1, Lot 12, Phase 2C, Aguho Street
Metro Manila Hills Subdivision
Barangay San Jose, Rodriguez Rizal

Crisanto Juario Evangelista

Block 19 Lot 21, Phase 4 Eastwood Residence
San Isidro, Rodriguez, Rizal

Atty. Jim B. Lagaras

PUBLIC ATTORNEY’S OFFICE
Caloocan City District
4th Floor Aurelio Building II
11th Avenue, Caloocan City

WRITTEN EXPLANATION

Copies of the foregoing were served registered mail with return card on
Trice Construction Services Co./Michael R. Ranit and Crisanto Juario
Evangelista because of time and distance constraints as well as the lack
of the necessary manpower complement to effect personal service.

ATTY. JONATHAN P. ONG