REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT
CITY OF SAN FERNANDO
BRANCH I

T.D. RICEMILL CORPORATION

represented by its President,
DEMETRIA BRIGIDA T. AZCUETA,
Plaintiff,

-versus- CIVIL CASE NO. 10391

For: Collection of Sum of Money
and Damages
(Mediatable)

KRISTINE JOY MORALES SAN PABLO,

Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO DECLARE
DEFENDANT IN DEFAULT

Plaintiff T.D. Ricemill Corporation, through counsel, to this

Honorable Court, respectfully states that:

1. On 15 July 2015, plaintiff filed with this Honorable Court a

complaint for Collection of Sum of Money and Damages against
defendant.

2. Records of this case would show that summons was served

upon defendants on 3 August 2015. Copy of the Sheriffs Return, which
plaintiff received only on 28 October 2015 is hereto attached and made
integral part hereof as Annex A.

3. Up to this moment and despite the lapse of the fifteen (15)

day elementary period within which to file Answer, defendants failed to
file their responsive pleading.

4. In as much as defendants failed to file their responsive

pleading within fifteen (15) days from receipt of the Summons, it is
imperative that said defendants be now declared in default under
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section 3, Rule 9 of the 1997 Rules of Civil Procedures, which is quoted

as follows:

Sec. 3. Default; declaration of. If the

defending party fails to answer within the time
allowed therefor, the court shall, upon motion of
the claiming party with notice to the defending
party, and proof of such failure, declare the
defending party in default. Thereupon, the court
shall proceed to render judgment granting the
claimant such relief as his pleading may
warrant, unless the court in its discretion
requires the claimant to submit evidence. Such
reception of evidence may be delegated to the
clerk of court. (underscoring ours)

5. In view of the foregoing, plaintiff hereby moves for this

Honorable Court that defendants be declared in default and that plaintiff
be allowed to present its evidence ex-parte to prove its causes of action
as stated in the Complaint.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that

defendant Kristine Joy Morales San Pablo be declared in default for
failure to file responsive pleading within the regelementary period and
that plaintiff be allowed to present its evidence ex-parte.

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

Angeles City, for the City of San Fernando, Pampanga 12

November 2015.

VILLANUEVA HIPOLITO TUAZON

LAW OFFICES
Counsel for the Plaintiff
GF, Angeles Business Center, Nepo Mart
Angeles City; Tel No. 887-1577/885-2713
PLDT No.; 436-1761
Email: vlhlaw@yahoo.com

By:

ELFREN P. HIPOLITO JR.

Roll of Attorneys No. 33515
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IBP Lifetime Member No. 00416

PTR No. AC0543658/1-5-15/AC
MCLE Compliance No. IV-0023866
issued on 8 July 2014

ANNA CAMILLE M. TADEO

Roll of Attorneys No. 64134
IBP Member No. 1007951/21 April 2015
PTR No. AC3845826/4-30-2015/AC
Admitted to the Bar on 27 April 2015

NOTIFICATION AND COPY FURNISH:

KRISTINE JOY M. SAN PABLO Received by:

Zone 1, Oben Subd., Cabetican
Bacolor, Pampanga _________________________
____ November 2015

Clerk of Court
MTC Branch 1
City of San Fernando, Pampanga

Please take notice that on Friday, 24 November 2015 at 9:00 in

the morning, the foregoing motion shall be submitted for the
consideration and approval of the Honorable Court.

E.P. HIPOLITO JR.

A.C. TADEO