REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 111, PASAY CITY

METROPOLITAN BANK
& TRUST COMPANY,
Plaintiff,

Civil Case no. 17-28344-CV

-versus- For: Recovery of Possession
with Alternative Prayer for
Sum of Money and Damages
YIXIN WU & JOHN DOE,
Defendants.
x--------------------------------x

COMMENT
(TO DEFENDANT’S EX-PARTE MANIFESTATION
DATED 23 APRIL 2019)

NOW COMES, Plaintiff, through undersigned counsel, unto this most

Honorable Court and respectfully states that:

1. The Defendant admitted that it has already twice received the afore-
mentioned Order in the Defendant’s Manifestation dated 23 April 2019
making the compliance required from the Plaintiff moot and academic;

2. The Plaintiff still asks for the consideration of this Honorable Court as
it could not secure, despite diligent efforts, the Certification from the
Philippine Postal Corporation as to when the 28 August 2018 Order
was received by the Defendant. Even the court records are bereft of
any registry receipt that we can use to secure the said Certification;

3. Nevertheless, the Defendant must be deemed in default as the

Defendant admits that it received the above-mentioned Order the first
time without any indication as to the material date of receipt but claims
that it duly filed its Answer and Opposition to the Motion to Declare
Defendants in Default more than three (3) months after the issuance
of the said Order which is dated 28 August 2019;

4. The Defendants omitted the date he first received the said order thus
raising the presumption that the Answer was filed out of time and in
 circumvention to the reglementary periods set by the Rules of Court
for the filing of the Answer;

5. In order to expedite the proceedings of this case, the Plaintiff seeks

the resolution of the pending interlocutory issues and the setting of
the dates for the hearing of this instant case.

PRAYER

WHEREFORE, it is respectfully prayed for that the Defendant’s be

declared in default and the Plaintiff be allowed to present evidence ex-
parte.

Other reliefs just and equitable are likewise prayed for.

Makati City for Pasay City. May 9, 2019.

CORTEL LAW OFFICE

Counsel for Plaintiff
Suite 1015, 10F Cityland Condominium 10 Tower 1,
Ayala Ave. corner H.V. dela Costa Street, Makati City
Telephone: 813-0103/ 813-9092 Fax: 892-7617
Email: cortellawoffice.recovery@gmail.com

By:

XERXES E. CORTEL
Roll No. 40927
PTR No. 7334472; 01-03-19; Makati City
IBP No. 057262; 12-17-18; Nueva Ecija
MCLE Compliance No. VI-0017581
Valid until 04-14-22

MAGNOLIA M. MASANGCAY-DALIRE
Roll No. 69481
PTR No. 6744512; 03-05-18; Makati City
IBP No. 071351; 01-29-19; Batangas Chapter
MCLE Compliance No. VI-0010450 Valid Until April 14, 2022
Copy furnished:

MERU LLANTINO & DIAZ-SALCEDO LBC No. __________

LAW FIRM Date: ____________
Counsel for Defendant Place: ____________
Unit 209, Intramuros, Corporate Plaza,
Recoletos St., Intramuros, Manila

EXPLANATION: The foregoing comment was served upon the defendant

by LBC mail due to personnel constraints.

XERXES E. CORTEL MAGNOLIA M. MASANGCAY-DALIRE