Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 34, Davao City

RON WISLEY
Plaintiff,
Civil Case No. 214441
- versus - For: Partition

HARRY POT
Defendant.
x---------------------------------------x

MOTION TO ADMIT
(Attached Answer to the Complaint dated January 3, 2020)

Defendant HARRY POT, through counsel, and unto this Honorable

Court most respectfully seeks the admission of the attached Answer to
Complaint dated January 3, 2020, and in support thereof, states that:

1. On February 6, 2020, POT received a summons from this Honorable

Court requiring her to file an Answer within fifteen (15) days after
service. However, due to financial constraint, Defendant was not able
to timely secure the services of counsel to represent her in the instant
case.

2. It was only on February 26, 2020, when the services of the

undersigned counsel was engaged. Forthwith, this representation
carefully evaluated the Complaint and all related documents necessary
to draft an intelligent Answer. However, it still took him more than
two (2) days to complete this Answer.

3. While a defendant is required to file an Answer to the Complaint

within fifteen (15) days after service of summons, the court may
allow an answer or other pleading to be filed after the time fixed by
these Rules. Additionally, the court may allow the admission of an
Answer belatedly filed when it is due to the following: [1] excusable
negligence; [2] the defendant has meritorious defenses; [3] it was filed
before defendant is declared in default; and [4] that the late filing of
the answer did not in any way prejudice or deprive the plaintiff of any
substantial right, nor was there intention to unduly delay the case.

4. Pot, through counsel, is filing this Motion to Admit attached Answer

based on the foregoing grounds and in the interest of substantial
justice.
 WHEREFORE, it is respectfully prayed in this Honorable Court to grant
this Motion and issue an order admitting the attached Answer.

OTHER RELIEFS just and equitable under the foregoing premises are
likewise prayed for.

Davao City, Philippines, February 28, 2020.

DAVE BEE
Counsel for Defendant
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20; Davao City
IBP O.R. No. 024454; 01-02-20; Davao City
Door 1, VMJ Bldg, Buhangin, Davao City
Tel. No. 218-3595
 NOTICE OF HEARING

To:
ATTY. JESS SY
Counsel for the Plaintiff
Door 5, YG Bldg., Sala St.
Davao City

GREETINGS!

Please take notice that on Monday, March 5, 2020 at 8:00am., or as

soon thereafter as counsel may be heard, the undersigned asks this
Honorable Court to approve the foregoing Motion to Admit Attached
Answer.

ATTY. DAVE BEE

Counsel for Defendant

Copy furnished by Registered Mail:

ATTY. JESS SY
Counsel for the Plaintiff
Door 5, YG Bldg., Sala St.
Davao City

Thru: Philpost
Receipt No.: 11112222
Dated: February 28, 2020

EXPLANATION FOR MAILING

The undersigned counsel most respectfully manifests that copies of

the above Motion was served to the above-named address by registered mail
in lieu of personal service because of lack of manpower to effect the
personal service.

ATTY. DAVE BEE

Counsel for Defendant