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Legal Motion for Default Judgment

This document is a motion filed in court by BDO Unibank, Inc. against Anerlie Catalasan Benitez requesting that the defendant be declared in default. It states that the defendant was properly served with the summons and complaint on November 19, 2013 but failed to file an answer within the required period, which expired on December 4, 2013. The plaintiff is requesting the court to declare the defendant in default and grant the relief sought in the complaint, or allow the plaintiff to present evidence without the defendant's participation.

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George Melits
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123 views2 pages

Legal Motion for Default Judgment

This document is a motion filed in court by BDO Unibank, Inc. against Anerlie Catalasan Benitez requesting that the defendant be declared in default. It states that the defendant was properly served with the summons and complaint on November 19, 2013 but failed to file an answer within the required period, which expired on December 4, 2013. The plaintiff is requesting the court to declare the defendant in default and grant the relief sought in the complaint, or allow the plaintiff to present evidence without the defendant's participation.

Uploaded by

George Melits
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
BRANCH 62, MAKATI CITY

BDO UNIBANK, INC.,


Plaintiff,

- versus - CIVIL CASE NO. 107411


FOR: SUM OF MONEY
ANERLIE CATALASAN
BENITEZ,
Defendants
x------------------------------------------x

MOTION TO DECLARE
DEFENDANT/S IN DEFAULT

PLAINTIFF, by the undersigned counsel, unto this Honorable


Court, most respectfully states that:

1. As per Sheriff’s Return dated 25 November 2013,


summons, together with a copy of the complaint and its annexes,
was duly served upon by way of substituted service thru James
Santengco (cousin) on 19 November 2013 issued by Ricardo R.
Albano is hereto attached as Annex “A” to for, an integral part
hereof.

2. Accordingly, defendants have until 04 December 2013 to


file her answer to the complaint;

3. However, to date, and despite the lapse of the


reglementary period, defendant had not filed her answer or a
responsive pleading.

PRAYER
WHEREFORE, premises considered, plaintiff respectfully prays
that defendants be declared in default, and that judgment be
rendered granting plaintiff such relief as its complaint may warrant
or, in the alternative, allowing plaintiff to present evidence ex-parte
before the Clerk of Court.
Makati City, 01 October 2014.
2

SAULOG & DE LEON LAW OFFICES


Counsel for the Plaintiff
Unit 1704 & 1705 88 Corporate Center
141 Valero corner Sedeño Streets, Salcedo Village, Makati City
Tel Nos. 813-6145, 813-6149, 894-5015, 893-6112, 817-8024

By:

BEVERLY D. AGUIHAP
PTR No. 4229112/01.02.2014/Makati City
IBP No. 949811/01.02.2014/Makati City
MCLE Compliance No. IV- 0001499/02.09.11
Roll No. 58212

NOTICE AND COPY FURNISHED:

THE BRANCH CLERK OF COURT


MTC-Makati City Branch 62

ANERLIE CATALASAN BENITEZ


Block 40 Lot 35 Santa Barbara Villas 2,
San Mateo, Rizal

G r e e t i n g s:

Please submit the foregoing motion for the consideration and


approval of the Honorable Court on 18 November 2014 at
8:30a.m.

BEVERLY D. AGUIHAP

EXPLANATION

A copy of the foregoing Motion is being served upon the


above-named addressee through registered mail with return card for
lack of material time and personnel to effectuate the preferred mode
of service.

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