REPUBLIC OF THE PHILIPPINES

PAGE 4

Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT

QUEZON City, Branch 104FLORDELINDA A. HADUCA,

Plaintiff,

versus

Civil Case No. R-QZN-14-01385-CV

For: Sum of Money and Damages

ELIZABETH A. MACABASCO,

Defendant.

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - xMOTION TO DECLARE

DEFENDANT IN DEFAULT

PLAINTIFF, by counsel, most respectfully states:

1. By virtue of the Order of this Honorable Court dated 18 September 2014, a Summons by Publication was made in accordance with Section 14, Rule 14 of the Revised Rules of Court.

2. Accordingly, herein Plaintiff submitted a Compliance dated 26 February 2015 informing this Honorable Court that on 17 November 2014, copies of the Complaint dated 02 January 2014 and Summons dated 03 October 2014 were served upon Defendant Elizabeth A. Macabasco by publication through PINAS Newspaper.

3. Despite the lapse of more than five (5) months after the service of Summons by Publication, Defendant still failed to appear before this Honorable Court. Since Plaintiff has sufficiently complied with the Rules of Court on substituted service of summons, this Honorable Court has already acquired jurisdiction over Defendant Elizabeth A. Macabasco.4. Under these circumstances, the Honorable Court may now declare Defendant in default and proceed to render judgment based on the Complaint dated 02 January 2014, or allow Plaintiff to present evidence ex parte pursuant to Section 3, Rule 9 of the Revised Rules of Court which provides:

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, 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.

PRAYER

WHEREFORE, Plaintiff respectfully prays that this Honorable Court:

1.Declare Defendant in default; and

2. Render judgment in accordance with the reliefs

prayed for in the Complaint; or

3.Issue an Order allowing Plaintiff to present

evidence ex parte, preferably before the Branch

Clerk of Court.

Plaintiff prays for such other reliefs as may be deemed just and equitable.

Quezon City, 13 May 2015.

INFANTE OPERARIO LAW

Counsel for Plaintiff

6 Nepomuceno St.,

BF Homes, Quezon City

Telephone No. (632) 506-9322

By:RHENELLE MAE O. OPERARIOPTR No. 4755610; 01-06-15; Makati City

IBP Lifetime No. 010674; Pasig CityRoll of Attorneys No. 60513MCLE Compliance No. IV-0012104, 30 January 2013

COLLEEN S.R. INFANTEPTR No. 4755611; 01-06-15; Makati City

IBP Lifetime No. 013586; Quezon CityRoll of Attorneys No. 62385MCLE Compliance No. V-0007047, 06 April 2015

N O T I C E O F H E A R I N G

TO THE BRANCH CLERK OF COURT

Regional Trial CourtQuezon City, Branch 104ELIZABETH A. MACABASCO

No. 21 Hopetown St., Laguna

Bel-Air 2, Sta. Rosa, LagunaGreetings:

Please submit the foregoing Motion to Declare Defendant in Default for the consideration and approval of this Honorable Court on 22 May 2015 at 8:30 oclock in the morning.COLLEEN S.R. INFANTE

E X P L A N A T I O N (Pursuant to Rule 13, Sec. 11

1997 Rules of Civil Procedure)Copies of the foregoing Motion to Declare Defendant in Default were filed with this Honorable Office and sent to other party through registered mail due to time constraints and lack of office personnel to effect personal service.

COLLEEN S.R. INFANTECopy furnished:

ELIZABETH A. MACABASCO

Registry Receipt No. ________Defendant

______________ CPO

No. 21 Hopetown St., Laguna

13 May 2015

Bel-Air 2, Sta. Rosa, Laguna