eCodal - Motion for Reconsideration to Set Aside Order of Default and to Admit

eCodal

Motion for Reconsideration to Set Aside Order of Default and to Admit Answer

Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

______________________,

Plaintiff,

-versus-

______________________,

Defendant.

x - - - - - - - - - - - - - - - - - - - - - - - - -x

Civil Case No ____________________

FOR: _____________________________

MOTION FOR RECONSIDERATION

(to Set Aside Order of Default and to Admit Attached Answer)

DEFENDANT, assisted by the Public Attorney's Office through the undersigned counsel, most respectfully states that:

Defendant was declared to be in default on April 11, 2014 when she failed to file her answer within the reglementary period. Herein attached as Annex "1" is the said Order.
Defendant begs for a reconsideration of the said Order for the reason that she did not receive a copy of the complaint nor any summons from this Honorable Court regarding the above cited case. She only received on April 23, 2014 a copy of the Order dated April 11, 2014, already declaring her in default. She immediately sought assistance from the Public Attorney's Office to avail of any remedies.
In the interest of substantial justice and for the reason earlier stated, defendant begs the compassion of this Honorable Court to admit her attached Answer. Delay in the proceedings of this case was never intended.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court to set aside the Order of default and to admit the attached Answer.

Other just and equitable remedies are likewise prayed for.

Makati, April 30, 2015.

Respectfully submitted.

PUBLIC ATTORNEY'S OFFICE - _______________ District Office

______________________________

By:

ATTY. _____________________________________________

Roll No. _________, IBP No. _________; _________;_________

MCLE Compliance No. _________; _________

NOTICE OF HEARING

Clerk of Court

METC Branch 61, Makati City

Atty. ____________________________________

Counsel for Plaintiff

1234 Teresa Street, Makati City

Greetings:

Please submit the foregoing for the consideration and approval of this Honorable Court at the soonest possible time or on May 17, 2015 at 8:30 in the morning.

(Sgd.) ATTY. __________________________

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