b.

Motions

FORM NO. 107

For default — Defendant despite receipt of summons, failed to file his answer to
the complaint despite lapse of period to do so.

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH MANILA
___________________,
Plaintiff,
— versus — CIVIL CASE NO._________________
For: SUM OF MONEY
___________________,
Defendant.
x ---------------------------------------- x

MOTION TO DECLARE IN DEFAULT

PLAINTIFF, by counsel, to this Honorable Court, respectfully states, that:

1. On_______________ defendant was served with summons and copy
of the Complaint.

2. The reglementary period to file an answer or any responsive pleading

had already expired but the defendant did not file any such answer or pleading up
to the present.

3. Defendant may now be declared in default.

WHEREFORE, it is most respectfully prayed of this Honorable Court that

the defendant be declared in default and that plaintiff be allowed to present his
evidence ex parte.
_____________ for ___________, (date)

Counsel for the Plaintiff

NOTICE OF HEARING

The Branch Clerk of Court

RTC Branch _________,
Manila
_________________________

Defendant
(address)
G r e e t i n g:
Please include the foregoing motion in the calendar of the Honorable Court
for (date and time of hearing) for consideration its consideration and approval.
 Counsel for the Plaintiff
Copy Furnished by registered mail:
Defendant
(address)
EXPLANATION: Due to lack of available staff to effect personal service,
copy of this Motion was served upon the defendant's counsel via registered mail
with return card.

Counsel for the Plaintiff