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Branch 67: (To Set Aside Order of Default and To Admit Attached Answer)

1) The defendants filed a Motion for Reconsideration asking the court to set aside an order of default and admit their attached answer. 2) They argue that their counsel was not able to attend the pre-trial hearing due to being late. 3) They ask the court to reconsider in the interest of substantial justice and to resolve the long-pending case on its merits rather than on a technicality.

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Nic Nalpen
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109 views2 pages

Branch 67: (To Set Aside Order of Default and To Admit Attached Answer)

1) The defendants filed a Motion for Reconsideration asking the court to set aside an order of default and admit their attached answer. 2) They argue that their counsel was not able to attend the pre-trial hearing due to being late. 3) They ask the court to reconsider in the interest of substantial justice and to resolve the long-pending case on its merits rather than on a technicality.

Uploaded by

Nic Nalpen
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
Download as docx, pdf, or txt
Download as docx, pdf, or txt
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Republic of the Philippines

REGIONAL TRIAL COURT


6th Judicial Region
Branch 67
Guimbal, Iloilo

JAIME Civil Case No. 87654321


Plaintiffs,

- versus -

SPS.,
Defendants

x ---------------------------------x

MOTION FOR RECONSIDERATION


(to Set Aside Order of Default and
to Admit Attached Answer)

COMES NOW DEFENDANTS, by the undersigned counsel, unto this Honorable


Court, respectfully aver:

1. Pre-trial in the above-captioned case was set on

2. By the time the undersigned counsel

3. In the interest of substantial justice, the __________ respectfully moves for a


reconsideration of the _______ Order issued by the Honorable Court dismissing
the case. ________ would like to manifest to the Honorable Court their
apologies for not arriving during the scheduled hearing

4. Furthermore, Section 4 of Rule 18 of the Revised Rules of Civil Procedure


leaves to the sound discretion of the Honorable Court as to whether or not a
valid and justifiable ground exists to excuse a party from being absent.

5. Defendants thus pray that ___________ be allowed and _______ be reconsidered


in the belief that they have a meritorious case which deserves the
consideration of the Honorable Court, coupled by the fact that the same has
been unresolved for a long period of time
6. This Motion is interposed for the above-stated reasons and not to unduly
delay the proceedings of this case.

WHEREFORE, the undersigned hereby pleads for the indulgence of this


Honorable Court that the said Order be reconsidered in the interest of substantial
justice and in the spirit of humanitarian consideration.

Other just and equitable reliefs are also prayed for.

RESPECTFULLY SUBMITTED.

31 August 2017.

NOTICE OF HEARING

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