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Motion For Deferment

This document is a motion filed in a Regional Trial Court in Cebu City, Philippines. It requests that the plaintiff's reply be stricken from the record. Specifically, it summarizes that the plaintiff filed an action to quiet title on December 24, 2018. The defendant filed an answer on December 31, 2018. However, the plaintiff filed a reply on January 12, 2019, which is past the 10 day limit to file a reply under Rule 11 Section 6 of the Rules of Court. Therefore, the motion requests that the plaintiff's untimely reply be stricken from the record.

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224 views3 pages

Motion For Deferment

This document is a motion filed in a Regional Trial Court in Cebu City, Philippines. It requests that the plaintiff's reply be stricken from the record. Specifically, it summarizes that the plaintiff filed an action to quiet title on December 24, 2018. The defendant filed an answer on December 31, 2018. However, the plaintiff filed a reply on January 12, 2019, which is past the 10 day limit to file a reply under Rule 11 Section 6 of the Rules of Court. Therefore, the motion requests that the plaintiff's untimely reply be stricken from the record.

Uploaded by

AJMordeno
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

Republic of the Philippines


REGIONAL TRIAL COURT
7th Judicial Region
Branch __
Cebu City

Sebastian O. De la Cruz
Plaintiff, CIVIL CASE NO. ____________
For : Quieting of Title
-versus-

Primo Z. Corpuz,
Defendant.
x-----------------------------/

REPUBLIC OF THE PHILIPPINES)


CITY OF CEBU………………….)S.S

MOTION FOR DEFERMENT THE REPLY OF PLAINTIFF

Defendant by counsel, unto this Honorable Court most


respectfully states that:

1. The Plaintiff herein filed an action for Quieting of Title against


the Defendant dated on December 24, 2018 and attached
herein as Exhibit “A”;

2. The Defendant filed an answer which was received by the


Plaintiff’s Counsel, Redggs Sarande on December 31, 2018
attached in herein as Exhibit “B”;

3. The Plaintiff has filed a reply in lieu of the answer filed which
was sent and received by the Defendant on January 12, 2019
or twelve (12) days from receipt of answer;

4. Rule 11 Section 6 of the Rules of Court states among others


that reply may be filed within ten (10) days from service of the
pleading responded to;

5. The Plaintiff has already filed his reply out of time and that it
should no longer be allowed in court;
2

6. The Plaintiff can no longer question the due execution of the


documents presented by the Defendant.

PRAYER

WHEREFORE, this Honorable Court is most respectfully


prayed:

1. That the Reply of the Plaintiff should be stricken out of the


records of this case.

Other reliefs and remedies as may be deemed just and


equitable under the premises are likewise prayed for,

Cebu City, Philippines, February 1, 2018.

THE LAW OFFICE OF


BABIERA, BARCENAS,
MORDENO, ONG, & ROJAS
Rm. 205, Moot Court, College of Law,
University of Southern Philippines,
Salinas Dr., Lahug, Cebu City, Cebu
Tel. No.: +639272525114

KIRSTIN GALE BABIERA


Roll of Attorneys No. 83409
P.T.R. No. 098765, December 10,
2019; Cebu City
I.B.P. Lifetime Member No. 09876
M.C.L.E. Compliance No.
V-0001234
3

BENEDICT REY BARCENAS


Roll of Attorneys No. 73848495
P.T.R. No. 920308, December 25,
2019; Cebu City
I.B.P. Lifetime Member No. 09328748
M.C.L.E. Compliance No.
V-0008402

ANDREW MORDENO
Roll of Attorneys No. 749561
P.T.R. No. 8901234, December 5,
2019; Cebu City
I.B.P. Lifetime Member No. 30282783
M.C.L.E. Compliance No.
V-0009287

JOHN PATRICK ONG


Roll of Attorneys No. 647502
P.T.R. No. 83748, December 15,
2019; Cebu City
I.B.P. Lifetime Member No. 0293754
M.C.L.E. Compliance No.
V-00009089

HAZEL ROJAS
Roll of Attorneys No. 236127
P.T.R. No. 904859, December 20,
2019; Cebu City
I.B.P. Lifetime Member No. 0192637
M.C.L.E. Compliance No.
V-00003409

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