Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch 1, Bacolod City

ARYA A. STARK,
Plaintiff,

- versus - Civil Case No. 1777-08

Replevin
LANNISTER’S GARAGE;
JAMIE LANNISTER,
Defendant.
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MOTION TO LIFT ORDER OF DEFAULT AND

TO ADMIT ATTACHED ANSWER

DEFENDANT, through his undersigned counsel, unto this

Honorable Court, most respectfully state that:

01. Defendant was declared in default on January 27, 2018 by

this Honorable Court when he failed to file his answer within the
reglementary period. Copy of the Court Order is hereto attached as
ANNEX “A”.

02. Defendant failed to file an Answer because Atty.

Margarine Garci, his counsel at that time, was ill and was eventually
admitted to the Philippine Heart Center for an emergency operation.
Said operation was on January 23, 2018, three (3) days before the end
of the reglementary period to file the Answer. Copy of Medical
Certificate is hereto attached as ANNEX “B”.

03. Atty. Margarine Garci was in no condition to draft an

Answer for the Defendant nor did he had the capacity and means to
notify his clients and his staff of such condition.

04. Defendant only learned of the condition of Atty. Garci a

day before the reglementary period was to end, which was already
too late to look for a new counsel.
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Civil Case No. 1777-08
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05. Defendant prays for a reconsideration of the said Order

for the reason that his counsel at that time was in a state of medical
emergency and was unable to defend his rights and honor in court.

06. The said condition of Defendant’s former counsel

constitutes as Accident which is one of the grounds for relief from
order of default, a remedy available for Defendant under the Rules of
Court.

07. In the interest of substantial justice and for the reason

earlier stated, defendant prays for the compassion of this Honorable
Court to admit the attached Answer. Delay in the proceedings of this
case was never intended.

PRAYER

WHEREFORE, it is most respectfully prayed of the Honorable

Court to lift the said Order of Default and admit the attached
Answer.

RESPECTFULLY SUBMITTED. 09 February 2018, Bacolod

City, Philippines.

MACKY ZAFRA
Roll of Attorneys No. 66213
IBP No. 1288732 [01.12.2015] Negros Occidental
PTR No. 002451 [01.12.2015] Bacolod City
MCLE Compliance No. IV-0009222 [07.22.2016]

COUNSEL OF THE RESPONDENTS

ZAFRA, BAYLIN & GEROLIN LAW OFFICES

7th Floor, MZ3 Building, Lacson Street,
6100 Bacolod City, Philippines
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Civil Case No. 1777-08
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Copy Furnished:

Arya A. Stark
Complainant
Castle Street, Winterfell Subdivision,
Bacolod City, Philippines