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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-


Plaintiff, 01047-CV

-versus- For: COLLECTION OF SUM OF


MONEY REPLEVIN & DAMAGES

SPS.MARY JEAN CAJAN


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

OPOSITION TO PLAINTIFFS’ MOTION TO


DECLARE DEFENDANT’S
IN DEFAULT

DEFENDANTS thru counsel, unto the Honorable Court,


most respectfully state that:

1. That on 19 September 2019, defendant received the


Motion to Declare Defendant in Default dated May 30, 2019 by
way of registered mail. Due to distance however, the said
Motion was forwarded only to the undersigned counsel
sometime on the first week of October 2019.

2. That Defendant vehemently opposed to the relief


prayed for by the plaintiff that herein defendants be declared
in default and the plaintiff be allowed to present evidence ex-
parte as there was no obstinate refusal or inordinate neglect to
comply with the order of this Honorable Court as narrated
hereunder.

3. That on August 28, 2019, defendants received the


summons from this Honorable Court with attached Writ of
Repliven, Complaint with also attached Annexes giving

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defendants ten (10) days within which to file an Answer or until
September 12, 2019.

4. That considering that the legal services of the law


office was engaged only by the defendants on August 10,
2019. Defendants thru the undersigned counsel filed an Urgent
Motion for Extension to file Answer with Affirmative Defense and
Counterclaims on September 11, 2019, praying for additional
ten (10) days from September 11, 2019 or until September 21,
2019 within which to file their answer.

5. That on September 19, 2019, or two days before the


expiration of the ten (10) days period prayed in the Urgent
Motion for Extension to File Answer with Affirmative Defense and
Conterclaims, defendants filed an ANSWER WITH AFFIRMATIVE
DEFENSE AND COMPULSORY COUNTERCLAIMS with this
Honorable Court with copy furnished to the plaintiffs.

6. That in view of the foregoing, it is apparent that


before the expiration of the 10 days period as stated in the
summons, defendants filed an Urgent Motion for Extension to file
Answer with Affirmative Defense and Counterclaims. That
defendants filed their answer on September 19, 2019, or two
days before the expiration of the ten (10) days period as
prayed in the Urgent Motion for Extension to File Answer with
Affirmative Defense and Conterclaims,

7. Hence, defendants cannot be declared in default


as they file their answer on time. 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

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable


Court to deny Plaintiffs Motion to Declare Defendant in Default.

Defendants likewise pray for such other relief and


remedies just and equitable under the premises.

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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Cagayan de Oro City. Septemeber 18, 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 Defendants
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

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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