MOTION TO DECLARE

DEFENDANT IN DEFAULT
For: FORCIBLE ENTRY
-covered under the Revised Rules
on Summary Procedure
• it is a procedural concept that occurs when the defending party fails
to file his answer within the regelementary period, thus filing an
answer is a salient element. Under the Revised Rules on Summary
Procedure, Section 5, within 10 days from service of summons, the
defendant shall file his answer to the complaint.
• failure of the defendant to file an answer will entitle the plaintiff to
file a motion to declare defendant in default.
• Under the Revised Rules on Summary Procedure, Section 6. Effect of
failure to answer, the court motu proprio or on motion of the
plaintiff, shall render judgment as may be warranted by the facts
alleged in the complaint and limited to what is prayed for therein.
Requisites before a defending party may be declared in default:
• The court has validly acquired jurisdiction over the person of the
defending party, either by service of summons or voluntary appearance;
• The defending party must have failed to file his answer within the
reglementary period/time allowed thereof;
• The claiming party must file a motion to declare the defending party in
default;
• The claiming party must prove that the defending party has failed to
answer within the period provided by the Rules of Court/Revised Rules
on Summary Procedure;
• The defending party must be notified of the motion to declare him in
default;
• There must be a hearing set on the motion to declare the defending
party in default.
 CAP-TIB-PRAN-PLUS
• CAPTION
• TITLE
• INTRODUCTION
• BODY
• PRAYER/RELIEFS
• ATTORNEY/COUNSEL
• NOTICE OF HEARING
• PLUS: COPY FURNISHED to the Aggrieved Party
PROOF OF SERVICE OF SUMMON AND EXPLANATION
 MUNICIPAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 2
Baguio City
DAMON SALVATORE,
Plaintiff CIVIL CASE No. 12-34561
-versus- FOR: FORCIBLE ENTRY
NIKLAUS MIKAELSON,
Defendant
x----------------------------------x
MOTION TO DECLARE DEFENDANT IN DEFAULT
Plaintiff, DAMON SALVATORE, by counsel and unto this Honorable Court, respectfully states
1. The records of the Honorable Court show that NIKLAUS MIKAELSON, herein defendant was served with copy
of the summons and of the complaint, together with annexes thereto on 8 April 2018;
2. Upon verification however, the records show that Defendandt NIKLAUS MIKAELSON has failed to file his
Answer within the reglementary period (10 days from service 0f summon) specified by the Revised Rules on
Summary Procedure despite the service of the summons and the complaint which was on April 8, 2018;
3. As such, it is respectfully prayed that Defendant NIKLAUS MIKAELSON be declared in default pursuant to the
Revised Rules on Summary Procedure and that the Honorable Court proceed to render judgment as the
complaint may warrant.
 PRAYER
WHEREFORE, it is respectfully prayed that Defendant NIKLAUS MIKAELSON be
declared in default pursuant to the Revised Rules on Summary Procedure 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.
Given this 19th day of April 2018 at Baguio City, Philippines.

ATTY. ELENA GILBERT

Counsel of Plaintiff
GILBERT LAW OFFICES
Unit 10, 123 Session Road,
Porta Vaga Mall, City of Baguio
IBP NO. 124678/Baguio City/August
18, 2017
PTR NO. 16538/Baguio City/ July 7,
2017
ROLL ATTORNEY NO. 23456
MCLE Compliance NO. 723568-July 4,
2018
NOTICE OF HEARING
HON. CLERK OF COURT
MUNICIPAL TRIAL COURT
BRANCH 2
Greetings.
Kindly the foregoing motion to the attention of the Honorable Court immediately upon receipt
thereof and set the same for hearing on 23rd day of April at 8:00 a.m.
ATTY. ELENA GILBERT
Counsel of Plaintiff
GILBERT LAW OFFICES
Unit 10, 123 Session Road,
Porta Vaga Mall, City of Baguio
IBP NO. 124678/Baguio City/August 18, 2017
PTR NO. 16538/Baguio City/ July 7, 2017
ROLL ATTORNEY NO. 23456
MCLE Compliance NO. 723568-July 4, 2018
Please be informed that the forgoing motion will be set for hearing this 23rd day of April 2018 at at 8:00 a.m.
Copy Furnished:
ATTY. ELENA GILBERT
Counsel of Plaintiff
GILBERT LAW OFFICES
Unit 10, 123 Session Road,
Porta Vaga Mall, City of Baguio
IBP NO. 124678/Baguio City/August 18, 2017
PTR NO. 16538/Baguio City/ July 7, 2017
ROLL ATTORNEY NO. 23456
MCLE Compliance NO. 723568-July 4, 2018
Received By:
ATTY. CAROLINE FORBES
Counsel for the Defendant
Rm. 2 2/F Baguio Shopping Center,
180 Session in Bloom Road, Baguio City
IBP NO.1962095/Baguio City/March 1, 2018
PTR NO.15405595/Baguio City/March 2, 2018
ROLL ATTORNEY NO. 42481
MCLE Compliance NO. 824456-February 2, 2018
 PROOF OF SERVICE OF SUMMONS AND EXPLANATION

I, Juan Dela Cruz, Court Sheriff of Municipat Trial Court of City of

Baguio, Branch 2, hereby Certify that I personally delivered the copy of
summons attached with it is the complaint and other annexes dated
April 8, 2018 to defendant DAMON SALVATORE DAMON SALVATORE
with address #49 Galoma Street, Baguio City Philippines. The copy of
summons and annexes was received by the defendant himself.

Juan Dela Cruz

MTC Baguio
Branch 2
Court’s Sheriff