REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH 88

MAIN,
Petitioner,

-versus- SP. PROC. NO. 2261-20

For: Parental Authority and
Custody of Minor Child with
Prayer for Custody Pendente
Lite

TIN,
Respondent.
x-----------------------------------------------x
COMMENT/OPPOSITION TO PETITIONER’S MOTION
TO DECLARE RESPONDENT IN DEFAULT

Respondent, TIN, through counsel and unto this Honorable Court, most
respectfully alleges that:

1. While it may be true that the summons and petition in the above-
entitled case were received by the respondent, she was, however,
unaware as to when she received the same for she lost it days after the
receipt. She was only asked to affixed her signature on the summons
and the contents of it were not even properly explained to her by the
sheriff;

2. Respondent who is only a high school graduate and unaware of the legal
and procedural implications did not consult any lawyer regarding the
petition filed against her;

3. To her surprise, respondent received a motion from the petitioner

declaring her in default. Thru the advice of one of her relatives,
respondent referred her legal problem to our office only on December
15, 2020;

4. The respondent has a meritorious defense to the claims of petitioner

against her. It is admitted that the parties’ relationship started out well
as the petitioner did not show his true color or character but during
their months of cohabitation, they quarreled most of the time because of
petitioner’s irresponsible behavior towards her and their child, KAY;

5. The endless obsession of the petitioner to the respondent made the

former to create false, misleading, baseless and mere concocted stories
against the latter;
 6. In all controversies regarding the custody of minors, the sole and
foremost consideration is the physical, educational, social and moral
welfare of the child concerned, taking into account the respective
resources and social and moral situations of the contending parents to
which the herein respondent is more than capable of effecting it because
the love, solicitude and devotion of a mother cannot be replaced by
another and are worth more to a child of tender years than all other
things combined;

7. The law likewise favors the respondent because when it comes to

custody and parental authority over illegitimate children, not to
mention the obsessive and irresponsible behavior of the petitioner,
custody is with the mother. Kazia may not only receive respondent’s
attention, care and supervision but also has the advantage and benefit of
a mother’s unconditional love and dedication for which there is no
substitute;

8. That by reason of the ignorance and mistake of the respondent, she had
failed to file a timely answer to the petition. But nonetheless, despite
this jurisdictional defect and non-compliance with the Rules and that
the actual merits of the controversy may be speedily determined
without regard to technicalities, herein respondent respectfully prays
that she be given enough time to file her answer in the interest of
justice, due process and equity.

WHEREFORE, it is respectfully prayed that herein respondent’s

explanation of the delay in the filing of the answer be noted as satisfactory by
this Honorable Court; that petitioner’s motion to declare respondent in
default be denied for lack of merit; and that the respondent be allowed to file
her answer.

Such other reliefs and remedies just and equitable in the premises are
likewise prayed for.
https://lawphil.net/judjuris/juri2017/feb2017/gr_225035_2017.html

https://lawphil.net/judjuris/juri2005/mar2005/gr_159699_2005.html

https://lawphil.net/courts/supreme/am/am_03_04_04_sc_2003.html
https://ndvlaw.com/how-to-claim-custody-over-a-minor-
child/#:~:text=Parents%20of%20the%20minor%20child,persons%20of
%20their%20common%20children.
https://attorney.org.ph/legal-news/238-child-custody-and-parental-
authority
https://pnl-law.com/blog/child-custody-of-the-father-and-mother-visitation-
rights-in-the-philippines/
https://pnl-law.com/blog/child-custody-infidelity-of-mother/
https://pnl-law.com/blog/basic-issues-in-child-custody/