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    Motion To Declare in Default

    Uploaded by

    Jonathan P. Ong
    1) The plaintiff, Games to Go, Inc., filed a motion asking the court to consider the summons as properly served on the defendant Trice Construction Services Co. and to declare defendants Trice Construction and Michael R. Ranit in default. 2) The summons was served on October 15, 2020 by personally handing it to Gina Ranit, upon the instruction of Michael Ranit, who is the general manager of Trice Construction. 3) More than 30 days have passed since the summons was served and neither Trice Construction nor Michael Ranit have filed an answer or requested an extension, so the plaintiff is requesting they be declared in default.

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    Motion To Declare in Default

    Uploaded by

    Jonathan P. Ong
    50 views4 pages
    1) The plaintiff, Games to Go, Inc., filed a motion asking the court to consider the summons as properly served on the defendant Trice Construction Services Co. and to declare defendants Trice Construction and Michael R. Ranit in default. 2) The summons was served on October 15, 2020 by personally handing it to Gina Ranit, upon the instruction of Michael Ranit, who is the general manager of Trice Construction. 3) More than 30 days have passed since the summons was served and neither Trice Construction nor Michael Ranit have filed an answer or requested an extension, so the plaintiff is requesting they be declared in default.

    Original Description:

    This is a motion to declare a defendant in default in a civil case

    Original Title

    Motion to Declare in Default

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    1) The plaintiff, Games to Go, Inc., filed a motion asking the court to consider the summons as properly served on the defendant Trice Construction Services Co. and to declare defendants Trice Construction and Michael R. Ranit in default. 2) The summons was served on October 15, 2020 by personally handing it to Gina Ranit, upon the instruction of Michael Ranit, who is the general manager of Trice Construction. 3) More than 30 days have passed since the summons was served and neither Trice Construction nor Michael Ranit have filed an answer or requested an extension, so the plaintiff is requesting they be declared in default.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    50 views4 pages

    Motion To Declare in Default

    Uploaded by

    Jonathan P. Ong
    1) The plaintiff, Games to Go, Inc., filed a motion asking the court to consider the summons as properly served on the defendant Trice Construction Services Co. and to declare defendants Trice Construction and Michael R. Ranit in default. 2) The summons was served on October 15, 2020 by personally handing it to Gina Ranit, upon the instruction of Michael Ranit, who is the general manager of Trice Construction. 3) More than 30 days have passed since the summons was served and neither Trice Construction nor Michael Ranit have filed an answer or requested an extension, so the plaintiff is requesting they be declared in default.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    REPUBLIC OF THE PHILIPPINES

    NATIONAL CAPITAL JUDICIAL REGION


    REGIONAL TRIAL COURT
    CALOOCAN CITY
    BRANCH 129

    GAMES TO GO, INC.,


    Plaintiff,

    -versus - CIVIL CASE NO. C-25760


    FOR: SUM
    OF MONEY &
    DAMAGES

    TRICE CONSTUCTION SERVICES


    CO., MICHAEL R. RANIT and
    CRISANTO JUARIO EVANGELISTA,
    Defendant(s),
    x--------------------------------------------x

    MOTION TO:

    A. CONSIDER SUMMONS AS PROPERLY SERVED ON


    TRICE CONSTRUCTION SERVICES, CO.;

    and

    B. TO DECLARE DEFENDANTS TRICE CONSTRUCTION


    SERVICES CO. AND MICHAEL R. RANIT IN DEFAULT

    Plaintiff, by undersigned counsel, respectfully states:

    A. MOTION TO CONSIDER SUMMONS AS PROPERLY


    SERVED ON TRICE CONSTRUCTION SERVICES, CO.

    1. On November 6, 2020 undersigned counsels received a copy of


    the sheriff’s return dated October 21, 2020. The sheriff’s return stated
    that he had served summons on Michael Ranit at Block 1, Lot 12, Phase
    2C, Aguho Street, Metro Manila Hills Subdivision, Barangay San Jose,
    Rodriguez, Rizal on October 15, 2020 by personally handing it to Gina
    Ranit upon the verbal instruction of Michael Ranit.

    1
    2. In the same return, the sheriff reported that as per information
    given by Michael Ranit, Trice Construction Services Co. (Trice) had
    already closed its operations. Thus, the sheriff reported that summons
    was served only with respect to Michael Ranit.

    3. As stated in the complaint, the business address of Trice is


    Block 1 Lot 12 Phase 2-C, Aguho Street, Metro Manila Hills Subdivision,
    Barangay San Jose, Rodriguez Rizal, the very same address as that
    defendant Michael R. Ranit; and that said defendant is the general
    manager and authorized representative of Trice.

    4. Under Section 12, Rule 14 of the Revised Rules of Civil


    Procedure, when the defendant is a corporation, partnership or
    association organized under the laws of the Philippines, the service of
    summons may be made on the president, managing partner, general
    manager, corporate secretary, treasurer or in-house counsel of the
    corporation wherever they may be found, or in their absence or
    unavailability, on their secretaries.

    5. Considering that the business address of Trice is the same as


    that of defendant Michael Ranit, and the latter is the general manager of
    the former, it is respectfully submitted that the service made by the
    sheriff on Michel R. Ranit should also be considered as service of
    summons upon Trice. As such, Trice should be considered as having
    been properly served with summons and the complaint.

    B. TO DECLARE DEFENDANTS TRICE CONSTRUCTION


    SERVICES CO. AND MICHAEL R. RANIT IN DEFAULT

    6. Plaintiff repleads the foregoing allegations insofar as material


    and relevant, and further states as follows.

    7. Summons was served on Michael R. Ranit on October 15, 2020.


    Upon the other hand, should the Honorable Court consider the
    foregoing arguments, then summons should be considered to have also
    been served upon Trice on the same date.

    8. While it would appear that defendant Michael R. Ranit filed a


    motion for extension of time to file answer dated November 11, 2020,
    for which the Honorable Court granted him until December 30, 2020 to
    do so, the Public Attorney’s Office has filed a manifestation dated
    January 5, 2021 saying that the motion for extension of time was
    intended for defendant Crisanto Evangelista, who has since filed his
    answer.

    9. In any event, more than thirty (30) days have already lapsed
    since service of summons upon defendants Trice and Michael R. Ranit
    2
    and neither of them have filed their answers or moved for an extension
    of time to do so.

    10. Because of this, it is respectfully submitted that they may now


    be declared in default pursuant to Section 3, Rule 9 of the Revised Rules
    of Court.

    RELIEF

    WHEREFORE, premises considered, Plaintiff Games to Go, Inc.


    most respectfully petitions the Honorable Court that:

    1. Summons be considered to have been properly served on


    defendant Trice Construction Services Co., and

    2. Defendants Trice Construction Services, Co. and Michael R.


    Ranit be declared in default.

    Other equitable reliefs are requested for.

    Makati City for Caloocan City. January 19, 2021

    VALERIO & ASSOCIATES LAW OFFICES


    Counsel for Plaintiff
    17/F Petron Megaplaza Building
    358 Sen. Gil Puyat Avenue
    Makati City

    By:

    BENEDICTO M. VALERIO, JR.


    PTR No. 8533097 / 1.04.21 / Makati City
    IBP Lifetime Member No. 01668 / Quezon Province Chapter
    Roll of Attorneys No. 34966
    MCLE Compliance No. VI-0022385 / 4.04.19
    Email address: bmv@valeriolawoffices.com
    Telephone No. 88565191

    JONATHAN P. ONG
    PTR No. 8533096 / 01-04-2021 / Makati City
    IBP Lifetime Member No. 01665 / Makati City Chapter
    Roll of Attorneys No. 39216
    MCLE Compliance No. VI-0023851/ 04-17-2019
    Email address: attyjonathanpong@gmail.com
    3
    Mobile No. 09175391889

    Copies Furnished:

    Trice Construction Services Co./


    Michael R. Ranit
    Block 1, Lot 12, Phase 2C, Aguho Street
    Metro Manila Hills Subdivision
    Barangay San Jose, Rodriguez Rizal

    Crisanto Juario Evangelista


    Block 19 Lot 21, Phase 4 Eastwood Residence
    San Isidro, Rodriguez, Rizal

    Atty. Jim B. Lagaras


    PUBLIC ATTORNEY’S OFFICE
    Caloocan City District
    4th Floor Aurelio Building II
    11th Avenue, Caloocan City

    WRITTEN EXPLANATION

    Copies of the foregoing were served registered mail with return card on
    Trice Construction Services Co./Michael R. Ranit and Crisanto Juario
    Evangelista because of time and distance constraints as well as the lack
    of the necessary manpower complement to effect personal service.

    ATTY. JONATHAN P. ONG

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