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Republic of the Philippines

SUPREME COURT
REGIONAL TRIAL COURT OF MISAMIS ORIENTAL
10TH Judicial Region
Branch 24
Cagayan de Oro City

ASIALINK FINANCE CORP. CIVIL CASE NO. R-CDO-19—


(Rep. by Sara Jane S. Rot) 02911-CV
Plaintiff,
Plaintiff,

-versus- For: COLLECTION OF SUM OF


MONEY REPLEVIN & DAMAGES

SPS.MARY JEAN CAJAN


CABALQUINTO, RODRIGO
YLANAN CABALQUINTO AND
JOHN DOE
Defendants.
X-----------------------------------------/

OPPOSITION WITH MOTION TO ADMIT


DEFENDANT’S ANSWER

DEFENDANTS, thru the undersigned counsel, unto the


Honorable Court, most respectfully aver that:

1. On November 20, 2019, defendants received the


Motion to Declare Defendants in Default dated November 04,
2019 by way of registered mail praying that defendants be
declared in default and the plaintiff be allowed to present
evidence ex-parte.

2. On the same day of November 20, 2019, defendants


likewise received the Order of this Honorable Court dated
November 06, 2019, by way of registered mail setting the case
for Judicial Dispute Resolution (JDR) hearing on December 05,
2019.

3. Due to distance however, the said Motion to


Declare Defendants in Default dated November 04, 2019 and
the Order of this Honorable Court dated November 06, 2019
were forwarded only to the undersigned counsel very recently
sometime on the last week of November 2019.

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4. Defendant’s vehemently opposed to the relief
prayed for by the plaintiff in its Motion to Declare Defendants in
default dated November 04, 2019 as there was no obstinate
refusal or inordinate neglect on the part of the defendant’s to
comply with the order of this Honorable Court as narrated
hereunder.

5. For the true information of this Honorable Court,


defendants had not received any summons from this
Honorable Court personally requiring them to answer within
fifteen (15) days from receipt thereof. The summons with
attached complaint was served to Hardy James Ucang in
Iligan City who was never authorized to receive summons for
and in behalf of the defendant’s. The sheriff’s return of service
can proved such fact.

6. Considering that defendant’s had not received the


summons personally from this Honorable Court, the fifteen (15)
days period stated in the summons within which to file an
answer does not run insofar as defendant’s SPS.MARY JEAN
CAJAN CABALQUINTO RODRIGO YLANAN CABALQUINTO are
concerned. Hence, defendants cannot be declared in
default.

7. At any rate, Plaintiff is already in possession of the


subject ten-wheeler cargo truck bearing temporary plate
number 124102. Defendants are still very much interested to
redeem the subject unit and have in fact engaged the legal
services of the undersigned counsel to file this opposition with
attached answer with affirmative defenses and compulsory
counterclaims. A copy of defendant’s answer is hereto
attached as Annexes “1” to “1 –E” and made an integral part
hereof.

8. Defendants respectfully requests that their answer


be admitted as it was filed before they had been declared in
default and no prejudice yet could have been caused to the
plaintiff. As held by the Supreme Court, “defendant’s answer
should be admitted, where it was filed before he had been
declared in default and no prejudice could have been caused
to plaintiff as default judgments are generally disfavored.1

1
Trajano et.al. vs. Cruz et. al. L-47070, December 29, 1977 as cited in
Regalado, Remedial Law Compendium, Volume 1, Sixth Edition, page 171.

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PRAYER

WHEREFORE, premises considered, it is most respectfully


prayed of this Honorable Court that, after notice and hearing,
an Order be issued denying Plaintiffs’ Motion to Declare
Defendant’s in Default and that Defendant’s Answer with
Affirmative Defenses and Compulsory Counterclaims be
admitted.

Defendant’s likewise pray for such other relief and


remedies just and equitable under the premises.

Cagayan de Oro City. November 29, 2019.

COLLADO |CONDEZA| LLESIS |UY


PARTNERS & ASSOCIATES
Door 3, Cahilog Bldg., Zone- 1 Apovel Highway, Bulua, Cagayan
de Oro City
By:

ATTY. ROLAND E. COLLADO


Counsel for the Defendant’s
Roll No. 67493
TIN No. 409-403-218-000
IBP OR No. 073353:02-08-19
PTR No. 4174886: 02-01-19
MCLE COMPLIANCE NO.: VI-0016308 VALID UNTIL 04-14-22

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


Branch 24, Cagayan de Oro City

ASIALINK FINANCE CORP.


(Rep. by Sara Jane S. Rot)

Greetings!

Please submit the foregoing motion for the consideration and


approval of the Honorable Court on December 06, 2019 at 8:30 o’
clock in the morning.

ATTY. ROLAND E. COLLADO


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COPY FURNISHED:

ATTY. ALLAN M. RADAZA


Door 5, Borromeo Bldg. Tomasaco- 14 Sts.,
Macasandig, Cagayan de Oro City

Personally Served:______________
Date: ______________

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