Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
BRANCH 79
Marcelo B. Fernan Palace of Justice
Dakit, Bogo City, Cebu
JOVITO U. ATON, LUCIA CIVIL CASE NO. BOGO-03973
ALEGRE LEVA, NOEL For: EASEMENT OF RIGHT OF
METANTE PEVIDA, and MA. WAY, APPLICATION FOR
JANET GUEVARRA, PRELIMINARY INJUNCTION
Plaintiffs, WITH PRAYER FOR
TEMPORARY RESTRAINING
- versus – ORDER
SPS. LAZARO ORTEGA and
VICTORIA ABALLE,
LAMBERTO PELAYO, VICTOR
ORTEGA, JOSE EMBERT D.
CATARATA, SPS. RICARDO
ANCAJAS and MA. DELISA
LEPON, MILDRED DY
ECHAVEZ, GEORGINA DY
TUGONON, and MARILES DY
ANG,
Defendants.
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MOTION TO DECLARE DEFENDANTS IN DEFAULT
COMES NOW, the plaintiffs, through the undersigned counsel and
unto this Honorable Court, most respectfully avers:
1. The records of the Honorable Court show that Defendant SPS.
RICARDO ANCAJAS and MA. DELISA LEPON were served
personally with the summons together with a copy of the complaint on
June 29, 2021;
2. Summons by publication were made to Defendants GEORGINA DY
TUGONON and MARILES DY ANG on May 22, 2022 in Banat News
pursuant to an Order made by this Honorable Court on January 2022.
They were directed to file their Answers to the Complaint within sixty
(60) days after the date of publication;
3. Upon verification however, the records show that Defendants SPS.
RICARDO ANCAJAS and MA. DELISA LEPON, GEORGINA DY
TUGONON, and MARILES DY ANG have failed to file their ANSWER
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within the reglementary period specified by the Rules despite the service
of the summons and the complaint.
4. As such, it is respectfully prayed that Defendants SPS. RICARDO
ANCAJAS and MA. DELISA LEPON, GEORGINA DY TUGONON,
and MARILES DY ANG be declared in default pursuant to the Rules of
Court and that the Honorable Court proceed to render judgment as the
complaint may warrant.
5. Plaintiffs hereby submits a copy of the Affidavit of Publication executed
by the Editor in Chief of Banat News as Annex "A" and a copy of the
newspaper clipping as Annex "B.
PRAYER
WHEREFORE, it is respectfully prayed that Defendants SPS.
RICARDO ANCAJAS and MA. DELISA LEPON, GEORGINA DY
TUGONON, and MARILES DY ANG be declared in default pursuant to the
Rules of Court and that the Honorable Court proceed to render judgment as
the complaint may warrant.
Other reliefs, just and equitable under the given circumstances, are
likewise prayed for.
RESPECTFULLY SUBMITTED.
March 1, 2023, Bogo City, Cebu, Philippines.
RHETT VINCENT M. MINGUEZ
Counsel for the Plaintiffs
Room 101, Northomes Pensione
Pelaez St., Sto. Niño, Bogo City, Cebu
0917-626-0668 |
[email protected] Roll of Attorneys No. 72614
MCLE Compliance No. VII - 0009262 | 4/14/2025
IBP OR No. 240704 | 11/28/2022 | Pasig City
PTR No. 1493504 | 01/03/2023 | Bogo City
REQUEST
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ATTY. JULIE B. MACAPOBRE-DELOS REYES
The Branch Clerk of Court
RTC Branch 79, Bogo City
GREETINGS:
Please submit the foregoing motion for consideration and resolution at
any time convenient for the Honorable Court.
Thank you.
ATTY. RHETT VINCENT M. MINGUEZ
NOTICE, SERVICE OF COPY AND EXPLANATION
Copy furnished to:
ATTY. FROILAN QUIJANO JR.
Zosa and Quijano Law Offices
Don Mariano Cui St., Cebu City
Registry Receipt No.
Dated:
ATTY. REY P. ECHAVEZ
28. P. del Rosario Ext., Cebu City
Greetings!
Please be notified that the undersigned will submit the foregoing
motion for consideration and resolution at any time convenient for the
Honorable Court with or without the appearance of the undersigned counsel.
Copies of this motion were served to Atty. Quijano and Atty.
Echavez by registered mail due to distance and lack of personnel to effect
personal service thereof.
ATTY. RHETT VINCENT M. MINGUEZ
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