Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
BRANCH 24
Cabugao, Ilocos Sur

FORTUNE SALVADOR
Plaintiff,

- versus - CIVIL CASE NO.

54-KC
FOR: PARTITION

TEODORA S. PEREZ, MA.

TERESA S. GUZMAN and
EVELYN S. DE MELLO
Defendants.
x-----------------------x

R ESOLUTION

Submitted for resolution is the Motion to Declare Defendant in

default filed by plaintiff through counsel praying that defendant Teodora S.
Perez be declared in default and allow the plaintiff to present evidence ex
parte

In support of the prayer, the plaintiff alleged that summons was served
unto defendant Teodora S. Perez on February 1, 2016 as shown by the
Officers Return which is now part of the records of the case; and that the
named defendant Teodora S. Perez failed to answer within the time allowed
her or to file any other pleading and furnish the plaintiff a copy thereof and
as such, the said parties may now be declared in default pursuant to Sec.3,
Rule 9 of the Rules of Court.

In the case of Sablas vs. Sablas1, three requirements must be complied with
before the court can declare defendant in default namely:

1) The claiming party must file a motion asking the

court to declare the defending party in default
2) The defending party must be notified of the motion to
declare him in default
3) The claiming party must prove that the defending
party has failed to answer within the period provided
by the Rules of Court.

Here, plaintiff Fortune Salvador filed a motion to declare defendant

Teresa S. Perez in default with notice to Teresa S. Perez, the defendant and
that plaintiff has proven that Teresa S. Perez has failed to file her answer
within the period provided by the Rules of Court.

1
GUILLERMA SABLAS joined by her husband PASCUAL LUMANAS vs. ESTERLITA S. SABLAS
and RODULFO S. SABLAS GR No. 144568, July 3, 2007
 Finding the motion to be meritorious, the same is hereby GRANTED.

In view of the foregoing, the court is hereby ordered to declare

defendant Teodora S. Perez in default. The plaintiff is hereby allowed to
present evidence ex-parte with respect to Teodora S. Perez.

With respect to Evelyn S. De Mello, Atty. Oliver Cachapero is hereby

ordered to comply with the order dated April 4, 2016.

Set the preliminary conference of the case on October 16, 2017 at

2:00 pm.

SO ORDERED.

Cabugao, Ilocos Sur, August 16, 2017.

RAPHIEL F. ALZATE
Acting Presiding Judge

scg/