REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th Judicial Region
BRANCH 54
Lapu-Lapu City

Xxxxxxxxxxxxxxxxxxxxxxxxxxx,
Plaintiffs, Civil Case No. 123

-versus-

yyyyyyyyyyyyyyyyyyyyyyyyyyy,
Defendant.

X- - - - - - - - - - - - - - - - - - - - - - - - - -/

EX PARTE MOTION TO DECLARE

DEFENDANT IN DEFAULT

Plaintiffs, by counsel and unto this Honorable Court,

respectfully state that:

1. The records of the Honorable Court show that a

Summons by Publication was effected upon the defendant upon request by
the plaintiffs and by Order granting such request issued by this Honorable
Court on x x x x x ;

2. The Summons by Publication was published once a week

for three (3) consecutive weeks in a newspaper of general circulation in the
Philippines; it was published by x x x x x, a domestic corporation duly
organized and existing under Philippine laws, in The X X X X X in its issues on
April 24, May 1, and May 8, 2019; a copy of the Affidavit of Publication is
hereto attached as Annex “A” and copies of the publications are hereto
attached as Annex “A-1”, “A-2”, and “A-3”; and

3. However, upon verification, the records show that

defendant failed to file its Answer within the reglementary period
prescribed by the Rules of Court despite the published Summons by
Publication and Complaint.

PRAYER

1
 WHEREFORE, it is most respectfully prayed that defendant
yyyyyyyyyyyyyyy be declared in default pursuant to the Rules of Court and
that the Honorable Court proceed to receive plaintiffs’ evidence and render
judgment granting them such relief as the complaint and the facts proven
may warrant.

Other reliefs, just and equitable under the given circumstances,

are likewise prayed for.

Cebu City, Philippines, September 18, 2019.

COUNSEL

BRANCH CLERK OF COURT

RTC BRANCH 54

Greetings:

Please submit the foregoing motion for the consideration and

approval of the Honorable Court upon receipt hereof.

COUNSEL

Copy furnished:

YYYYYYYYYYYYYYYY
Address of defendant