REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
GUAGUA, PAMPANGA

OFFICE OF THE EXECUTIVE JUDGE

AWESOMENESS, INC.,
Complainant,

-versus-
LRC Case No. N-12-
SPOUSES JOHN LLOYD & BEA CRUZ, 758
and all persons claiming rights under
them,
Defendants.
X-----------------------------------------------------X

MOTION FOR DECLARATION OF

GENERAL DEFAULT

Complainant AWESOMENESS, INC. (hereinafter referred to as

“AWESOMENESS”), through counsel, to this Honorable Court,
respectfully alleges that:

1. On 18 January 2020, Complainant AWESOMENESS, INC.

filed this instant case for the issuance of a writ of possession against
defendant spouses JOHN LLOYD & BEA CRUZ, AND ALL
PERSONS CLAIMING RIGHTS UNDER THEM.

2. Initial hearing was set on 13 March 2020 at which hearing

defendant BEA CRUZ appeared only to ask for time to allow her to
secure the services of counsel. The said hearing was reset to 15 April
2020.

3. On 15 April 2012, defendant BEA CRUZ appeared with

counsel. In the said hearing defendant BEA CRUZ asked for time to
file a comment to the petition.

4. The Honorable Court granted defendant BEA CRUZ’s

request to file her comment on the petition giving Defendants fifteen
(15) days within which to file their comment and complainant the
same period from receipt of the comment to file their reply.

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 5. Up to this day, complainant AWESOMENESS has not
received any comment from the Defendants despite the Order of the
Honorable Court dated 15 November 2012.

6. In view thereof, there is a need to declare the defendant

spouses JOHN LLOYD & BEA CRUZ, AND ALL PERSONS
CLAIMING RIGHTS UNDER THEM to have waived their right to
file their comment, and to declare a general default against them and
all persons who may have right or claim over the parcels of land
covered by Transfer Certificates of Title Nos. 147231-R and 341180-R.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

that a general default be declared against all persons who may have
right or claim over the parcels of land covered by Transfer
Certificates of Title Nos. 147231-R and 341180-R, and that
complainant be allowed to present its evidence ex parte.

Complainant AWESOMENESS further prays for such other

relief as may be deemed just or equitable under the premises.

Angeles City, 1st day of May, 2020.

AK FERNANDEZ
Law Offices
Counsel for the Defendants
123 P. Nuqui St.
CLM, Angeles City
(045)-458-1234 to 35

By:

ANTHONY KARL FERNANDEZ

Attorney's Roll No. _____/Vol. No. _____/Page _____
PTR No. _____/_____/Angeles City
IBP No. _____/_____/Pampanga
MCLE Compliance No.: _____/_____
Email Address: ak.fernandez85@gmail.com
Mobile: 0995-197-2715

Copy Furnished:

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ATTY. PIOLO PASCUAL
Counsel for Defendants
Capitol Compound., Sto. Niño Viejo,
City of San Fernando, Pampanga

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court of Guagua, Pampanga
Branch 49

ATTY. PIOLO PASCUAL

Capitol Compound., Sto. Niño Viejo,
City of San Fernando, Pampanga

Greetings:

Please submit the foregoing Motion for the Declaration of a

General Default for the consideration of this Honorable Court
immediately upon receipt hereof and set the same for hearing on 16
May 2020 at 8:30 a.m., or as soon as the parties may be heard thereon.

ANTHONY KARL FERNANDEZ