Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch 8
Baguio City

GEGE BANDEMING INC.,

Plaintiff,
Civil Case No. 11-87540
-versus - For: Collection of Sum of
Money
EMING BANDONILL,
Defendant.
x------------------------------------x

MOTION FOR BILL OF PARTICULARS

Defendant, through the undersigned counsel and unto this Honorable

Court, avers:

That the plaintiff's complaint in paragraph 5 alleges:

From February 14 to June 12, 2016, defendant never paid anything to

herein plaintiff. The check that he issued as partial payment for the first
month also bounced. x xx (underscoring supplied)

The said allegation is not averred with sufficient definiteness and

particularity, specifically it does not mention the amount of the check therein
mentioned, its check number, date, and the drawee bank;

That a more definite statement on the matters as above-indicated is

necessary in order to enable the defendant to prepare its responsive
pleading because from the very onset of this controversy, the main dispute
was on what was actually and exactly agreed upon by the parties as the
amount of monthly rentals on the lease of plaintiff's property;

However, due to the fact that defendant corporation had to transfer its
liaison offices depending on its project sites, the check stub where the above-
mentioned check came from was probably misplaced and could no longer
be found;

That a bill of particulars or a more definite statement as to particulars

of the said check which was allegedly issued by the defendant as partial
payment for the first month would definitely simplify the issues in this case,
and hopefully remove the complications of the negotiations between the
parties for an amicable settlement.
 PRAYER

WHEREFORE, defendant most respectfully prays that an order be

issued by this Honorable Court requiring the plaintiff to make more definite
statement as to the particulars of the check mentioned in paragraph 5 of his
complaint, particularly stating its amount, check number, date, and the name
of the drawee bank.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 5th

day of December, 2018, at Baguio City, Philippines.

EMING BANDONILL
AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and

for Baguio City, Philippines, this 29th day of November, 2018, affiant
personally came and appeared with his SSS ID No. 45-823665-8 issued by
the Social Security Systems at Baguio City, bearing his photograph and
signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

ATTY. MARTEL JOHN F. MILO

ATTY. MARTEL JOHN Notary Public
F. MILO Roll No. 90419
Roll No.90419 IBP No.034875
NOTARY PUBLIC IBP Chapter Baguio
BAGUIO CITY PTR No. 10987654
MCLE COMP. NO. VI-6606804/ 6-17-2020
#3A 2nd floor
Maharlika Building,
Baguio City

Doc. No.
Page No.
Book No.
Series of 2018
 NOTICE OF HEARING
The Clerk of Court
Regional Trial Court,
Branch 8
Baguio City

GREETINGS!

Please take notice that on January 10, 2019 at 8:00 o’clock in the
morning undersigned Counsel will submit the foregoing MOTION FOR BILL
OF PARTICULARS for the kind consideration and approval of the Honorable
Court and set the above-entitled case for hearing on the said date and time.

ATTY. NAT JUANITEZ

Counsel for the Defendant

Copies of this motion were personally filed and delivered to:

The Clerk of Court

Regional Trial Court
Branch 8, Baguio City

-and-

ATTY. BERNA BANDO

Counsel for the Plaintiff
Rm. 66, Porta Vaga Mall,
Session Rd.,
Baguio City
 Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 8
Baguio City

GEGE BANDEMING INC.,

Plaintiff,
Civil Case No. 11-87540
-versus - For: Collection of Sum of
Money
EMING BANDONILL,
Defendant.
x------------------------------------x

MOTION FOR JUDGMENT ON THE PLEADINGS

The PLAINTIFF, through the undersigned counsel and to this

Honorable Court respectfully alleges:

That the Plaintiff is represented by its president GEGE BANDEMING;

That on February 14, 2017, plaintiff filed a complaint for collection of

sum of money amounting to P1,000,000 against the defendant;

That in the defendant’s answer, he admitted the obligation, but he was

asking for an extension to pay his obligation and instead the herein complaint
was filed;

That the answer admits the material allegations of the complaint and
has not tendered any issue;

That in view of that, a judgment on the pleadings can be rendered by

this Honorable Court;

PRAYER

WHEREFORE, plaintiff respectfully prays for this Court to render

judgment on the pleadings.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 5th

day of December, 2018, at Baguio City, Philippines.

GEGE BANDEMING
AFFIANT
 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and
for Baguio City, Philippines, this 5th day of December, 2018, affiant
personally came and appeared with his SSS ID No. 45-823665-8 issued by
the Social Security Systems at Baguio City, bearing his photograph and
signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

ATTY. MARTEL JOHN F. MILO

ATTY. MARTEL JOHN Notary Public
F. MILO Roll No. 90419
Roll No.90419 IBP No.034875
NOTARY PUBLIC IBP Chapter Baguio
BAGUIO CITY PTR No. 10987654
MCLE COMP. NO. VI-6606804/ 6-17-2020
#3A 2nd floor
Maharlika Building,
Baguio City

Doc. No.
Page No.
Book No.
Series of 2018
 NOTICE OF HEARING
The Clerk of Court
Regional Trial Court, Branch 8
Baguio City

GREETINGS!

Please take notice that on January 10, 2019 at 8:00 o’clock in the
morning undersigned Counsel will submit the foregoing MOTION FOR
JUDGMENT ON THE PLEADINGS for the kind consideration and approval
of the Honorable Court and set the above-entitled case for hearing on the
said date and time.

ATTY. BERNA BANDO

Counsel for the Plaintiff

Copies of this motion were personally filed and delivered to:

The Clerk of Court

Regional Trial Court

Branch 8, Baguio City

-and-

ATTY. NAT JUANITEZ

Counsel for the Defendant
Rm. 69, Alimango Building,
#Session Road,
Baguio City
 Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 8
Baguio City

GEGE BANDEMING INC.,

Plaintiff,
Civil Case No. 11-87540
-versus - For: Collection of Sum of
Money
EMING BANDONILL,
Defendant.
x------------------------------------x

MOTION FOR SUMMARY JUDGMENT

The PLAINTIFF, through the undersigned counsel and to this

Honorable Court respectfully alleges:

1. That the Plaintiff is represented by its president GEGE

BANDEMING;

2. That on February 14, 2017, plaintiff filed a complaint for collection

of sum of money amounting to P1,000,000 against the defendant;

3. That obligation to pay was due on February 14, 2016;

4. That in defendant’s answer, he admitted the obligation, but denied

that it was due on February 14, 2016;

5. That the defendant admitted his indebtedness but denied that he

was obligated to pay because allegedly, Plaintiff gave said amount
gratuitously;

6. That plaintiff presented evidence of defendant’s indebtedness

herein attached as Annex “A”

7. That despite evidence proving defendant’s indebtedness, the latter

refuses to pay;

8. That the defendant admitted the obligation thus rendering no

genuine issue in the case filed by the plaintiff;

9. That the defendant’s intention of denials is to delay the payment of

his debt;
 10. That the case tenders no genuine issue; and

11. That in view of these facts, a summary judgment may be rendered

by the Honorable Court.

PRAYER

WHEREFORE, plaintiff respectfully prays for this Court to render

summary judgment on the claim.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 5th

day of December, 2018, at Baguio City, Philippines.

GEGE BANDEMING
AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and

for Baguio City, Philippines, this 5th day of December, 2018, affiant
personally came and appeared with his SSS ID No. 45-823665-8 issued by
the Social Security Systems at Baguio City, bearing his photograph and
signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

ATTY. MARTEL JOHN F. MILO

ATTY. MARTEL JOHN Notary Public
F. MILO Roll No. 90419
Roll No.90419 IBP No.034875
NOTARY PUBLIC IBP Chapter Baguio
BAGUIO CITY PTR No. 10987654
MCLE COMP. NO. VI-6606804/ 6-17-2020
#3A 2nd floor
Maharlika Building,
Baguio City

Doc. No.
Page No.
Book No.
Series of 2018
 NOTICE OF HEARING
The Clerk of Court
Regional Trial Court, Branch 8
Baguio City

GREETINGS!

Please take notice that on January 10, 2019 at 8:00 o’clock in the
morning undersigned Counsel will submit the foregoing MOTION FOR
SUMMARY JUDGMENT for the kind consideration and approval of the
Honorable Court and set the above-entitled case for hearing on the said date
and time.

ATTY. BERNA BANDO

Counsel for the Plaintiff

Copies of this motion were personally filed and delivered to:

The Clerk of Court

Regional Trial Court

Branch 8, Baguio City

-and-

ATTY. NAT JUANITEZ

Counsel for the Defendant
Rm. 69, Alimango Building,
#Session Road,
Baguio City
 Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 8
Baguio City

GEGE BANDEMING INC.,

Plaintiff,
Civil Case No. 11-87540
-versus - For: Collection of Sum of
Money
EMING BANDONILL,
Defendant.
x------------------------------------x

MOTION TO DECLARE DEFENDANT IN DEFAULT

PLAINTIFF, as represented by GEGE BANDEMING through counsel, most

respectfully states:

1. By virtue of the Order of this Honorable Court dated 18 September

2016, a Summons by Publication was made in accordance with Section 14,
Rule 14 of the Revised Rules of Court.

2. Accordingly, herein Plaintiff submitted a Compliance dated 26

February 2017 informing this Honorable Court that on 17 November 2016,
copies of the Complaint dated 02 January 2016 and Summons dated 03
October 2016 were served upon Defendant EMING BANDONILL by
publication through TIKTIK Newspaper.

3. Despite the lapse of more than five (5) months after the service of
Summons by Publication, Defendant still failed to appear before this
Honorable Court. Since Plaintiff has sufficiently complied with the Rules of
Court on substituted service of summons, this Honorable Court has already
acquired jurisdiction over Defendant EMING BANDONILL.

4. Under these circumstances, the Honorable Court may now declare

Defendant in default and proceed to render judgment based on the
Complaint dated 02 January 2016, or allow Plaintiff to present evidence ex
parte pursuant to Section 3, Rule 9 of the Revised Rules of Court which
provides:

―Sec. 3. Default, declaration of. -- If the defending party fails to answer

within the time allowed therefor, the court shall, upon motion of the claiming
party with notice to the defending party, declare the defending party in default.
Thereupon, the court shall proceed to render judgment granting the claimant
such relief as his pleading may warrant, unless the court, in its discretion,
 requires the claimant to submit evidence. Such reception of evidence may
be delegated to the clerk of court.‖

PRAYER

WHEREFORE, Plaintiff respectfully prays that this Honorable Court:

Declare Defendant in default; and

Render judgment in accordance with the reliefs prayed for in
2. the Complaint; or
Issue an Order allowing Plaintiff to present evidence ex parte,
3. preferably before the Branch Clerk of Court.

4. Plaintiff prays for such other reliefs as may be deemed just and
equitable.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 5th

day of December, 2018, at Baguio City, Philippines.

GEGE BANDEMING
AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and

for Baguio City, Philippines, this 5th day of December, 2018, affiant
personally came and appeared with his SSS ID No. 45-823665-8 issued by
the Social Security Systems at Baguio City, bearing his photograph and
signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

ATTY. MARTEL JOHN F. MILO

ATTY. MARTEL JOHN Notary Public
F. MILO Roll No. 90419
Roll No.90419 IBP No.034875
NOTARY PUBLIC IBP Chapter Baguio
BAGUIO CITY PTR No. 10987654
MCLE COMP. NO. VI-6606804/ 6-17-2020
#3A 2nd floor
Maharlika Building,
Baguio City

Doc. No.
Page No.
Book No.
Series of 2018
 NOTICE OF HEARING
The Clerk of Court
Regional Trial Court, Branch 8
Baguio City

GREETINGS!

Please take notice that on January 10, 2019 at 8:00 o’clock in the
morning undersigned Counsel will submit the foregoing MOTION TO
DECLARE DEFENDANT IN DEFAULT for the kind consideration and
approval of the Honorable Court and set the above-entitled case for hearing
on the said date and time.

ATTY. BERNA BANDO

Counsel for the Plaintiff

Copies of this motion were personally filed and delivered to:

The Clerk of Court

Regional Trial Court

Branch 8, Baguio City

-and-

ATTY. NAT JUANITEZ

Counsel for the Defendant
Rm. 69, Alimango Building,
#Session Road,
Baguio City