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EUSENIO T. ORTEGA,
Plaintiff,
Plaintiff, through the undersigned counsel, to the Honorable Court, most respectfully
alleges THAT:
1. Defendants either by themselves or by their counsel, have not filed an answer to the
complaint to this date. As per the sheriff’s return of service dated September 30,
2015, defendants JOHN RAAL LAYOS TABANAO and Spouses ULYSSES
TABANAO and CYNTHIA TABAANO were personally served with the Summons
together with a copy of the Complaint and its annexes while defendant SISTINE
GRACE LAYOS TABANAO was served through substituted service in accordance
with Section 7, Rule 14 of the Rules of Court on September 22, 2015;
2. On the other hand, defendant ARLENE LAYOS TABANAO and RALLYN LAYOS
TABANAO were not served because both of them were allegedly out of the country.
A Motion for Leave to Serve Summons by Publication has already been filed before
the Honorable Court on October 20, 2015;
3. Thereafter, a Motion for Extension of Time to File Answer was received by this
representation from the counsel of the defendants praying for fifteen (15) days from
the time his services were hired by the defendants or until October 29, 2015 to file the
said Answer;
4. The period for defendants to file their answer to the complaint has already lapsed
with no such responsive pleading to the same being filed with the court and neither
was received by the plaintiff or its counsel;
Kindly submit the foregoing Motion to the Honorable Court for its consideration and
approval on January 4, 2016 at 8:30 o’clock in the morning sans further arguments and presence
of the undersigned.
LEILANI T. L. VILLARINO
Kindly take notice that the foregoing Motion will be submitted to the Honorable Court
for its consideration and approval on January 4, 2016 at 8:30 o’clock in the morning sans further
arguments and presence of the undersigned.
LEILANI T. L. VILLARINO
Copy furnished:
CERTIFICATION/EXPLANATION
Albeit the 1997 Rules of Civil Procedure, Section 11, Rule 13 thereof, provides that
whenever practicable, the service of pleadings and other papers shall be done personally,
service of copy of the above Motion was done by registered mail inasmuch as personal service
thereof is not practicable on account of distance between office of the undersigned and the
addressee.
LEILANI T. L. VILLARINO