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    Motion To Admit

    Uploaded by

    Zusmitha Salcedo
    This document is a motion filed in a civil case regarding partition between Aljon Dungog and Angelo Cadungog in the Regional Trial Court of Davao City. The motion seeks to admit a late-filed answer to the complaint due to the defendant's financial constraints and the time needed for their lawyer to prepare the answer. It argues the court can allow a late answer due to excusable negligence if it was filed before default, raises meritorious defenses, and does not prejudice the plaintiff. The defendant seeks approval of the motion at a hearing on March 9th.

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    Motion To Admit

    Uploaded by

    Zusmitha Salcedo
    231 views4 pages
    This document is a motion filed in a civil case regarding partition between Aljon Dungog and Angelo Cadungog in the Regional Trial Court of Davao City. The motion seeks to admit a late-filed answer to the complaint due to the defendant's financial constraints and the time needed for their lawyer to prepare the answer. It argues the court can allow a late answer due to excusable negligence if it was filed before default, raises meritorious defenses, and does not prejudice the plaintiff. The defendant seeks approval of the motion at a hearing on March 9th.

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    This document is a motion filed in a civil case regarding partition between Aljon Dungog and Angelo Cadungog in the Regional Trial Court of Davao City. The motion seeks to admit a late-filed answer to the complaint due to the defendant's financial constraints and the time needed for their lawyer to prepare the answer. It argues the court can allow a late answer due to excusable negligence if it was filed before default, raises meritorious defenses, and does not prejudice the plaintiff. The defendant seeks approval of the motion at a hearing on March 9th.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    231 views4 pages

    Motion To Admit

    Uploaded by

    Zusmitha Salcedo
    This document is a motion filed in a civil case regarding partition between Aljon Dungog and Angelo Cadungog in the Regional Trial Court of Davao City. The motion seeks to admit a late-filed answer to the complaint due to the defendant's financial constraints and the time needed for their lawyer to prepare the answer. It argues the court can allow a late answer due to excusable negligence if it was filed before default, raises meritorious defenses, and does not prejudice the plaintiff. The defendant seeks approval of the motion at a hearing on March 9th.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    The case involves a dispute over property partition between two parties. The defendant filed a motion seeking permission from the court to submit their answer to the complaint despite it being late.

    The case is a civil case involving a property partition dispute between Aljon Dungog and Angelo Cadungog.

    The defendant is seeking the court's permission to admit their attached answer to the complaint, which was filed late, on the grounds of excusable negligence and that admitting it would not prejudice the plaintiff.

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    11th JUDICIAL REGION
    BRANCH IX
    DAVAO CITY

    ALJON DUNGOG
    Plaintiff,

    Civil Case No. 583637


    - versus - For: Partition

    ANGELO CADUNGOG
    Defendant.
    x---------------------------------------x

    MOTION TO ADMIT
    (Attached Answer to the Complaint dated December 26, 2019)

    Defendant Angelo Cadungog, through counsel, and unto this


    Honorable Court most respectfully seeks the admission of the attached
    Answer to Complaint dated December 26, 2019, and in support thereof,
    states that:

    1. On January 24, 2020, POT received a summons from this Honorable


    Court requiring her to file an Answer within fifteen (15) days after
    service. However, due to financial constraint, Defendant was not able
    to timely secure the services of counsel to represent her in the instant
    case.

    2. It was only on February 14, 2020, when the services of the


    undersigned counsel was engaged. Forthwith, this representation
    carefully evaluated the Complaint and all related documents
    necessary to draft an intelligent Answer. However, it still took him
    more than two (2) days to complete this Answer.

    3. While a defendant is required to file an Answer to the Complaint


    within fifteen (15) days after service of summons, the court may
    allow an answer or other pleading to be filed after the time fixed by
    these Rules. Additionally, the court may allow the admission of an
    Answer belatedly filed when it is due to the following: [1] excusable
    negligence; [2] the defendant has meritorious defenses; [3] it was
    filed before defendant is declared in default; and [4] that the late
    filing of the answer did not in any way prejudice or deprive the
    plaintiff of any substantial right, nor was there intention to unduly
    delay the case.

    4. Pot, through counsel, is filing this Motion to Admit attached Answer


    based on the foregoing grounds and in the interest of substantial
    justice.

    WHEREFORE, it is respectfully prayed in this Honorable Court to grant


    this Motion and issue an order admitting the attached Answer.

    OTHER RELIEFS just and equitable under the foregoing premises are
    likewise prayed for.

    Davao City, Philippines, February 28, 2020.

    (SGD) ZUSMITHA D. SALCEDO


    Counsel for Defendant
    Commission Serial No. 2018-2364-2019
    Until December 31, 2020
    Attorney’s Roll No. 56754
    PTR NO. 674939 B; 01-03-19; Davao City
    IBP O.R. No. 47327; -01-08-19; Davao City
    MCLE COMPLIANCE NO. 573761163
    ADDRESS: Fr. Selga Street, Bankerohan, Davao City
    NOTICE OF HEARING

    To:
    ATTY. JEAN MARIE LAURENTE
    Counsel for the Plaintiff
    LAURENTE LAW OFFICE
    Santos Building, 2nd Floor
    Ilustre, Davao City

    GREETINGS!

    Please take notice that on Monday, March 9, 2020 at 8:00am., or as soon


    thereafter as counsel may be heard, the undersigned asks this Honorable
    Court to approve the foregoing Motion to Admit Attached Answer.

    (SGD.) ZUSMITHA D. SALCEDO


    Counsel for Defendant

    Copy furnished by Registered Mail:

    ATTY. JEAN MARIE LAURENTE


    Counsel for the Plaintiff
    LAURENTE LAW OFFICE
    Santos Building, 2nd Floor
    Ilustre, Davao City

    Thru: Philpost
    Receipt No.: 5837382
    Dated: February 28, 2020
    EXPLANATION FOR MAILING

    The undersigned counsel most respectfully manifests that copies of the


    above Motion was served to the above-named address by registered mail in
    lieu of personal service because of lack of manpower to effect the personal
    service.

    (SGD.) ZUSMITHA D. SALCEDO


    Counsel for Defendant

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