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Republic of the Philippines

National Capital Judicial Region


METROPOLITAN TRIAL COURT
Branch 63, Makati City

ESTATES CORPORATION,
Plaintiff,

-versus- CIVIL CASE NO. 546356


For: FORCIBLE ENTRY

JOSN MALIGAYA, ET. AL,


Defendants.

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COMPLIANCE with MANIFESTATION


PLAINTIFF, by the undersigned counsel and unto this
Honorable Court, respectfully state, as follows:

1. On September 29, 2014, Plaintiff filed before this Honorable


Court a Motion for Reconsideration of the Order dated September 11,
2014.

2. On October 8, 2014, this Honorable Court heard the Subject


Motion for Reconsideration, during which, the undersigned counsel
was ordered to submit proof of service of the Motion upon the
Defendants.

3. Thus, in compliance of the said Order, Plaintiff has attached


hereto as Annex “A” the Affidavit of Service of Mario S. Tubid of the
undersigned Law Firm as a proof that he served the subject Motion
for Reconsideration through registered mail at Makati City Hall, Post
Office on September 29, 2014.

A copy of the Registry Return Receipt of the said Motion and a


Certification from the Makati Central Post Office are also attached
hereto as Annex “B” and “C” respectively, clearly showing that the
subject Motion was received by the Defendants on October 2, 2014.

4. On the other hand, considering that Defendants have


received the copy of the Plaintiff’s Motion three (3) days before its
scheduled Hearing on October 8, 2014 in accordance with the Rules
of Court, without any action on their part to attend the said Hearing or
file the necessary Comment or Opposition thereto despite their

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receipt thereof, it is clear that they have waived their right to do so
and Plaintiff now respectfully submits the subject Motion for
Reconsideration for Resolution of this Honorable Court.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of


this Honorable Court that after due consideration:

1. The attached Annexes be admitted as a proof of service of


the subject Motion for Reconsideration upon Defendants; and

2. To issue an Order setting aside the Court’s Order dated


September 11, 2014 and consider the same as not issued;

Other reliefs which are just and equitable under the premises
are likewise prayed for.

Makati City, October 22, 2014

LAW OFFICE
Counsel for the Plaintiffs

By:

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