REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 7™ Judicial Region BRANCH 61 Dakit, Bogo City. Cebu ROGELIO SERICON, Plaintiff, CIVIL CASE NO. BOGO-03191 FOR: PARTITION OF REAL PROPERTIES & ACCOUNTING OF PROCEEDS OF SALE OF REAL PROPERTY GLORIA RAMIREZ SERICON, Defendant. x MOTION TO DECLARE DEFENDANT IN DEFAULT Plaintit , by counsel, and to this Honorable Court, most respectfully alleges that; 1. Summon in this case was duly served on defendant on August 14 2015 at her residence at P.C. Suico St., Tabok, Mandaue City, Cebu as evidenced by the officer's return of summon; 2. Notwithstanding the lapse of more than 60 days since then. defendant nas not yet filed her answer to the complaint; 3. Pursuant to Section 3 of Rule 9 of the Rules of Court, it clearly provides; ‘Sec. 3. Default: dectaration of. If the defending party fails to answer withir 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, 4 The pleading filed by Mr. Claro, brother in law of the defendant is just é mere afterthought and a mere scrap of paper as summon has been validly served by substituted service in accordance with Section 7, Rule 14 of the Rules of Court. As shown by the officer's return, a copy of the summon together with the copy of the complaint was voluntarily received by Mr. Claro, defendant's brother in law and a person of suitable age and discretion residing at the defendant's residence. Furthermore, Mr. Claro has been acting as an agent for and in behalf of the defendant and as matter of fact, it was Mr. Claro who presented to the plaintiff an unfair and unjust partition agreement.Thus, there being a valid service of summon upon the defendant, it is only proper that the latter should be declared in default for failure to file her answer for a period of more than 60 cays; PRAYER WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that defendant be declared in default and that thereupon the Honorable Court shal’ Proceed to render judgment granting the plaintif’s claim as prayed for in the petition and /or authorize the clerk of court to receive plaintiff's evidence should the Honorable Court, in its discretion, requires the plaintiff to submit evidence. Petitioner prays for such other and further reliefs as are just and equitable in the premises. 27 October 2015. Daanbantayan, for Bogo City, Cebu, Philippines. IBP No. 961644 01/05/2015-Cebu Province PTR No. 7422427 01/16/2015-Cebu Province MCLE Compliance No. V-0008038 05/04/2015 Poblacion, Daanbantayan, Cebu Ne OF SSI ‘The Branch Clerk of Court RTC Branch 61, Bogo City Sir: Greetings! Please submit the foregoing motion to the Honorabld Court wifhdut further arguments and appearance of counse. GILBERT M.“ARRABIS JR. Copy furnished by registered mail: Registty Receipt Nc GLORIA RAMIREZ SERICON P.C. Suico St., Tabok, Mandaue City, Cebu EXPLANATION This pleading is being served by registered attached/indicated thereto upon the defendant undersigned counsel which renders personal service