REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FINANCE
INSURANCE COMMISSION
1071 U.N. AVENUE, MANILA

LEMUEL ALONZO
Complainant,

-versus - IC (CAD) Case No. 4137-HMO

MEDOCARE HEALTH
SYSTEMS, INC.,
Respondent.
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MOTION TO LIFT ORDER OF DEFAULT WITH

MOTION TO ADMIT ATTACHED POSITION PAPER

Respondent MEDOCARE HEALTH SYSTEMS, INC., by the

undersigned counsel, unto this Honorable office, respectfully alleges
that:

1. On 14 September 2018, Respondent filed its answer to this

Honorable Office duly received by Lester;

2. On 18 September 2018, this Commission issued a Notice

of Pre-Trial Conference, setting the date of the pre-trial conference on
18 October 2018 at 10:00 A.M. at the claims adjudication division;

3. On 24 October 2018, this Commission issued an order

resetting the pre-trial conference from 25 October 2018 at 2:00 P.M. to
8 November 2018 at 10:00 A.M. at the claims adjudication division of
this Commission;

4. On 8 November 2018, the scheduled pre-trial conference

commenced with the appearance of the Complainant and his counsel,
due to unavailability of Respondent’s counsel because of a prior
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commitment, the latter failed to appear at the scheduled pre-trial

conference;

5. The pre-trial conference proceeded ex-parte and

complainant’s counsel moved to file a position paper 15 days
thereafter and the same was granted by this Commission;

6. Complainant also manifested the ex-parte proceeding of

this case due to non-appearance of respondent;

7. Respondent is moving to lift the order of default, if there

is any, in the interest of equity for both parties and substantial
compliance with this Commission’s rules, orders, regulations;

8. Respondent is also moving for this commission to admit

its position paper attached herein.

WHEREFORE, premises considered, it is respectfully prayed

that an order to lift default on the part of the respondent be issued
and herein attached position paper be admitted.

Quezon City, 12 December 2018.

CARPIO & BELLO LAW OFFICES

Counsel for the Respondent
903-A West Tower, Phil. Stock Exchange Center
Exchange Road, Ortigas Center, Pasig City

By: LUCAS C. CARPIO, JR.

PTR No. 1273792/01-19-2018/ Paranaque City
IBP No. 019280/12-21-2017/Davao City
MCLE Compliance No. V-0019934/03-19-2016
Roll of Attorneys No. 26355
e-mail address: attylucascarpiojr@yahoo.com

NOTICE OF HEARING
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LEMUEL ALONZO

INSURANCE COMMSSION

Please be notified that the undersigned will submit the

foregoing Motion for Execution for the consideration and approval of
the Honorable Court on 09 May 2014, Friday, at 8:30 o’clock in the
morning.

ATTY. LUCAS CARPIO JR.

EXPLANATION
(Pursuant to Rule 13, Sec. 11
1997 Rules of Civil Procedure)

Copies of the foregoing Motion for Execution were filed with

the Honorable Court and served on the other parties through
registered mail, due to time constraint and lack of office personnel to
effect personal service.

ATTY. LUCAS CARPIO JR.

COPY FURNISHED:

Lemuel Alonzo
Block 14, Excess Lot
Bagong Nayon II, Brgy. San Isidro
Antipolo City

Atty. Grace Nartates

PUBLIC ATTORNEY’S OFFICE
Manila District
4th Floor, Godino Bldg., Arroceros St.
Ermita, Manila