REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT BRANCH 80 MUNTINLUPA CITY
ERMELINDA V. DULLAVIN,
Plaintiff,
Civil Case No. 7090 FOR: ENFORCEMENT OF BARANGAY SETTLEMENT
-versus-
FLORENCIO HIDALGO,
Defendant. x- - - - - - - - - - - - - - - - - - - - - - - - - x
MOTION FOR SUMMARY JUDGMENT
PLAINTIFF Ermelinda v. Dullavin, by undersigned counsels and to this Honorable Court, respectfully states the following: 1. Plaintiff repleads and incorporates herein all the material ave rments raised in her verified complaint 2. That both Defendant Hidalgo and his counsel failed to appear at the preliminary conference scheduled on [INSERT DATE HERE]. In Tubiano vs Razo 1, it was held that the MTC and RTC were correct in declaring the decision submitted for decision based solely on the complaint, upon failure of the respondent to appear at the preliminary conference. 3. The record reveals that both the defendant and a nd his counsel offered no explanation with respect to their non-appearance. As enunciated in Five Star Marketing Co. Inc. vs Booc 2, the Court excuses the nonappearance only in cases where there is a justifiable cause offered for the failure to attend. Absent any clear justification for the party and counsels non-appearance, the defiance of the lawful order of the court as well as the well-entrenched rule laid down by the rules of procedure on the effect of non-appearance, cannot be allowed. 4. In short, rules of procedure are essential to the proper, efficient and orderly dispensation of justice. Such rules are to be applied in a manner that will help secure and not defeat justice. And as a rightful consequence 1 Tubiano vs Razo - 390 Phil. 863 (2000). 2Five
Star Marketing Co. Inc vs Booc - G.R. No. 143331 (2007)
of respondent’s non-appearance, he is deemed to have waived his right to present his own evidence. WHEREFORE, plaintiff respectfully prays that this Honorable Court GRANT the instant motion in favor of Plaintiff Ermelinda V. Dullavin and that a Writ of Execution be issued in favour of Plaintiff Emelinda V. Dullavin, directing Defendant Florencio Hidalgo to immediately vacate 285 Montillano Street, Alabang. Muntinlupa City.
City of Paranaque, November 13, 2017
SAN BEDA COLLEGE ALABANG – LEGAL AID CENTER
Counsel for Plaintiff Room 12E8, St. Benedict Building San Beda College Alabang Don Manolo Boulevard, Alabang Hills Village Muntinlupa City Tel. No. (02) 236 7222
[email protected]
By:
ATTY. MARITONI RENEE RESURRECCION
Supervising Lawyer IBP Lifetime No. 04870 PTR No. 2306788C/01-18-16/Quezon City MCLE Compliance No. V-0020952/05-03-16
Aileen Joy B. Padilla Intern
Jasmin D. Miroy Intern
1 Tubiano vs Razo - 390 Phil. 863 (2000). 2Five
Star Marketing Co. Inc vs Booc - G.R. No. 143331 (2007)
Joseph James Jimenez Intern
Leandro Manabat Intern
Randolph Jon Guerzon Intern
COPY FURNISHED:
(INSERT DETAILS OF PAO, SEE FORMAT BELOW) LAW OFFICE OF HOMER A. MABALE Counsel for Respondent Unit 9, 2/F Fair Land Properties Inc., Nunez Extension, Zamboanga City
1 Tubiano vs Razo - 390 Phil. 863 (2000). 2Five
Star Marketing Co. Inc vs Booc - G.R. No. 143331 (2007)
