Motion.docx

MOTION (TO DECLARE DEFENDANT IN DEFAULT) Plaintiff, by counsel and unto this Honorable Court, respectfully states 1.The records of the Honorable Court show that Defendant was served with copy of the summons and of the complaint, together with annexes thereto on _____________; 2.Upon verification however, the records show that Defendant _____________ has failed to file his Answer within the reglementary period specified by the Rules of Court despite the service of the summons and the complaint; 3.As such, it is respectfully prayed that Defendant _____________ be declared in default pursuant to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant. PRAYER WHEREFORE, it is respectfully prayed that Defendant _____________ be declared in default pursuant to the Rulesof Court and that the Honorable Court proceed to render judgment as the complaint may warrant. Other relief just and equitable are likewise prayed for. _____________, Philippines, __Date__. (COUNSEL) (NOTICE OF HEARING) (EXPLANATION) COPY FURNISHED: OPPOSING COUNSEL