Engr. Murry Dedam et al vs Engrs. Leandro Conti et al.
Civil Case Number 15-135089
16 March 2016 Manifestation with Motion was filed by Engrs.
Murry F. Demdam et. Al. among which respectfully states that:
1. They are foregoing with their motion
and prayer for the issuance of a temporary restraining order in order that the honorable court may proceed to hear and considers the plaintiffs motion.
2. Concomitant to the foregoing,
plaintiffs request the honorable court and so move that the hearing be set and scheduled for the motion of the plaintiff regarding the prayer for the issuance of the writ of preliminary injunction on the soonest date and time
11 May 2016 Motion to declare Defendants in default and to
allow plaintiffs to present evidence ex parte with Motion to strike defendants Motion to dismiss
Motion to Declare Defendants in Default
Despite service to defendants failed to file an
answer within 15days from respective service of summons to them pursuant to sec,6, rule 2 a.m. no. 01-2-04-SC (Rules of Procedure for Intra Corporate Controversies), which governs the case
1. Defendants Bagtasus and Fuentecilla
did not answer the following motion for extension
2. For convenience, the pertinent portion
of the cited provisions states: “Sec. 6. Answer-The defendant shall file an answer to the complaint, serving a copy thereof on the plaintiff, within 15days from service of summons”
Motion to Strike Defendant’s Motion to
dismiss from the Records
1. First Ground - Motion To Dismiss is a
Prohibited Pleading
2. Second Ground - Motion filed was a
belated and a desparate, although improper attempt to save the clear failure to file an answer
3. Third ground – Subject of the motion
to dismiss is a sham. There is no presence of Litis Pendencia in the following cases filed by Engr. Murry ET. Al against the defendants.
9 June 2016 Defendants filed a consolidated reply.
20 July 2016 A Reply was filed by Engrs. Murry Demdam
to the defendant’s consolidated opposition respectfully stating that:
1. That the motion filed by the plaintiffs
deserves to be granted by the honorable court on the basis of existing facts and law.
2. Effects of failure to fule an answer is
provided In Sec. 7 Rule 2 of the Interim Rules of Procedure for Intra-Corporate Controversies.
3. All of the defendants did not file an
answer within 15days from the receipt of summons.
4. The Defendants had knowledge that
they were going to be declared to be in default as manifested in there consolidated oppositions
5. Despite knowledge of impending
default, they still made a last minute maneuver of twisting the meaning of the words “As the records may warrant”
6. Contrary to defendants erroneous and
flawed posturing their motion to dismiss and the grounds citred are not included the phrase “as the record may warrant”
7. Instead of meeting the basic
arguments presented by the plaintiffs, the defendants did not advance any reason why motion must remain in the records of the case.
August 2,2016 Defendants Filed for a 15-day extension to file
for a rejoinder ( to the reply) Moreover Court order for hearing to be held on 4 October 2016.
7 October 2016 Cour Order was received;
“Wherefore premises considered 1.) The
Motion to dismiss is Denied; 2.) Motion to declare Defendants in default is granted and; 3.) Motion to strike defendants motion to dismiss granted”