REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 11TH Judicial Region, Branch 41 Municipality of Cantilan, Surigao del Sur
NIDA GASIS ULVIDA Plaintiff,
---versus--______
Civil Case No. For : Damages
WILSON SULLANO, ET ALS. Defendants x--------------------------------------x
MOTION TO LIFT/VACATE ORDER OF DEFAULT AND ADMIT ATTACHED ANSWER
Defendants, through the undersigned Public Attorney and to this Honorable Court, after having been duly deposed and having been placed under oath, hereby say: 1. That at the outset of this case, Defendants’ Answer caused the dismissal of Plaintiff’s case, without objection from defendants and counsel, giving plaintiff a chance to re-file the same; 2. When Plaintiff re-filed anew a Complaint, Defendants wasted no time in going to the Public Attorney’s Office to inform their lawyer that a case has been refiled against them. Unfortunately, their lawyer was already re-assigned to another PAO District Office and it was herein undersigned lawyer’s first day at work;
3. Faced with a challenge that could aptly be characterized as “baptism by fire”, the new PAO lawyer’s first day is a hearing day much to his surprise. He took defendants’ Summons and assured them that a new Answer shall be filed in their behalf; 4. Much to their chagrin, their new lawyer erred in placing their Summons and a copy of the new Complaint, inside the old case folder, which was already labelled “DISMISSED” as it was in fact, just dismissed. This was the start of their misery, for as observed by plaintiff’s counsel -----and as admitted by the undersigned neophyte lawyer---- they were jolted awake by plaintiff’s filing of a Motion to Declare Defendant in Default; 5. To protect defendant’s rights, public counsel immediately submitted a Motion to Admit Belatedly Filed Answer, with explanation as to how this unfortunate delay happened; 6. The Honorable Court, through the then Acting Presiding Judge Rufo U. Naragas, declared Defendants in Default. On June ___ hearing, Plaintiff’s asked to present their evidence ex parte considering the Default order against defendants. Said ex parte presentation did not materialize as defendants asked that they be given a chance to file a Motion to Lift/Vacate Order of Default, a remedy still available to them under Sec. 3 Rule 9 of the Rules of Court; BASIS FOR LIFTING OF ORDER OF DEFAULT
PRAYER WHEREFORE, premises considered, it is most respectfully prayed to this Honorable Court that this Manifestation be given due course and this case be ordered finally DISMISSED. Further, for the benefit of the private complainant, we pray that a Permanent Protection Order be issued in favor of Rita Solejon Granaderos.
Such other relief and remedies, consistent with law and equity are likewise prayed for. SUBMITTED, this 16th day of June 2016 in the City of Tandag, Surigao del Sur.
Rita Solejon Granaderos Granaderos
Genilo
Quezada
With Conformity: Pros. Benjamin P. Uy Yecyec Handling State Prosecutor Counsel for the State
Atty. Jo Edward F. Public Attorney I Counsel for Accused
