3
Motion to Declare in Default
Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)
(Municipality/City/Province)
METC/MTCC/MTC/MCTC
RTC
BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent
________________________________________________________
(name)
________________________________
________________________________
(Name and address of Adverse Party/Counsel)
GREETINGS:
__________________________
Signature of Counsel
PROOF OF SERVICE
A copy of this Motion was served upon:
Persons Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.
ORDER
After a review of the Comment Reply, the Motion is
granted. The following defendant/s is/are declared in default for failure to file an
answer within the time allowed therefor: ________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Use additional sheets, if necessary.
Defendant/s shall not be entitled to participate further in these proceedings but shall
be entitled to continued notices.
The case is submitted for decision.
Set the case for ex parte presentation of evidence on ________________
(date) at
__________________________
(address) when the court can examine the witnesses.
The movant is directed to submit judicial affidavits of witnesses with their
supporting documents duly marked at least five days before the ex parte
hearing; or
As there is a common cause of action against all defending parties, the Case
shall proceed against them upon the Answer/s thus filed; or
As there is no common cause of action against all defending parties, the Case
shall proceed against the non-defaulting parties upon the Answer/s thus filed.
denied.
Summons was not properly served. The Branch Clerk of Court is directed to
issue alias summons.
Motion is premature. Defendant/s _________________________________
(name/s)
SPECIAL INSTRUCTIONS