Republic of the Philippines

MUNICIPAL TRIAL COURT

Luna, Apayao

Patrick S. Mabini,
Plaintiff, Civil Case No. _________
For: Annulment/Declaration
of
-versus- Nullity of the Deed of Absolute
Sale, Transfer Certificate of
Title, Reconveyance and
Damages
Jimmy B. Calelao.
Defendant.
x-----------------------------------------x

MOTION FOR SUMMARY JUDGMENT

PLAINTIFF, thru the undersigned counsel, unto this Honorable Court,

most respectfully states THAT:

1. Plaintiff repleads and incorporates herein all the material averments

raised in her verified complaint;

2. Both defendant and his counsel failed to appear at the preliminary

conference scheduled on July 1, 2022. In Tubiano vs Razo1, it was held
that the MTC and RTC were correct in declaraing the decision
submitted for decision based solely on the complaint, upon failure of
the defendant to appear at the preliminary conference;

3. The record herein reveals that both the defendant and his counsel
offered no explanation with respect to their non-appearance. As
enunciated in Five Star Marketing Co. Inc. vs Booc 2, the Court excuses
non-appearance only in cases where there is a justifiable cause offered
for the failure to attend. Absent any clear justification for the party’s
and counsel’s non-appearance, the defiance of the lawful order of the
court as well as the well-entrenched rule laid down by the rules of
procedure on the effect of non-appearance, cannot be allowed;

1
G.R. No. 132598. July 13, 2000.
2
G.R. No. 143331. October 5, 2007.
 4. As the rightful consequence of defendant’s non-appearance, he is
deemed to have waived his right to present his own evidence;

WHEREFORE, plaintiff most respectfully prays that this Honorable

Court GRANT the instant motion in favor of the plaintiff.

Other reliefs just and equitable under the foregoing premises are likewise
prayed for.

Province of Apayao. June 20, 2022.

KYLE POPPY C. EDAY

09758092678
San Carlos, Sta. Marcela, Apayao
PTR No. 9202025/January 10, 2020/Apayao
IBP No. 90907/January 14, 2020
Date Admitted: June 7, 2020

Copy Furnished:

BRANCH JAKE E. MADARIAGA

Counsel for the Defendant
Poblacion, Luna, Apayao

OFFICE OF THE CLERK OF COURT

Municipal Trial Court
Luna, Apayao

EXPLANATION

Service of the foregoing was done thru registered mail to the defendant and
personal service to the Office of the Clerk of Court.