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Civil Code Such reception of evidence may be delegated to the clerk of court.

(1a, R18)
Article 420. The following things are property of public
dominion: (a) Effect of order of default. A party in default shall be entitled
to notice of subsequent proceedings but not to take part in the
(1) Those intended for public use, such as roads, canals, rivers, trial. (2a, R18)
torrents, ports and bridges constructed by the State, banks,
shores, roadsteads, and others of similar character; (b) Relief from order of default. A party declared in default may
at any time after notice thereof and before judgment file a motion
(2) Those which belong to the State, without being for public use, under oath to set aside the order of default upon proper showing
and are intended for some public service or for the development of that his failure to answer was due to fraud, accident, mistake or
the national wealth. (339a) excusable negligence and that he has a meritorious defense. In
Article 538. Possession as a fact cannot be recognized at the such case, the order of default may be set aside on such terms
and conditions as the judge may impose in the interest of justice.
same time in two different personalities except in the cases of co-
(3a, R18)
possession. Should a question arise regarding the fact of
possession, the present possessor shall be preferred; if there are (c) Effect of partial default. When a pleading asserting a claim
two possessors, the one longer in possession; if the dates of the states a common cause of action against several defending
possession are the same, the one who presents a title; and if all parties, some of whom answer and the others fail to do so, the
these conditions are equal, the thing shall be placed in judicial court shall try the case against all upon the answers thus filed
deposit pending determination of its possession or ownership and render judgment upon the evidence presented. (4a, R18).
through proper proceedings. (445)
(d) Extent of relief to be awarded. A judgment rendered against
Article 1607. In case of real property, the consolidation of a party in default shall not exceed the amount or be different in
ownership in the vendee by virtue of the failure of the vendor to kind from that prayed for nor award unliquidated damages. (5a,
comply with the provisions of article 1616 shall not be recorded in R18).
the Registry of Property without a judicial order, after the vendor
has been duly heard. (n) (e) Where no defaults allowed. If the defending party in an
action for annulment or declaration of nullity of marriage or for
Rules of Court legal separation fails to answer, the court shall order the
prosecuting attorney to investigate whether or not a collusion
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between the parties exists, and if there is no collusion, to
Section 3. Default; declaration of. If the defending party fails to intervene for the State in order to see to it that the evidence
answer within the time allowed therefor, the court shall, upon submitted is not fabricated. (6a, R18)
motion of the claiming party with notice to the defending party,
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and proof of such failure, declare the defending party in default.
Thereupon, the court shall proceed to render judgment granting Section 1. Who may file petition. Any person interested
the claimant such relief as his pleading may warrant, unless the under a deed, will, contract or other written instrument, or whose
court in its discretion requires the claimant to submit evidence. rights are affected by a statute, executive order or regulation,
ordinance, or any other governmental regulation may, before validity arising, and for a declaration of his rights or duties,
breach or violation thereof bring an action in the appropriate thereunder. (Bar Matter No. 803, 17 February 1998)
Regional Trial Court to determine any question of construction or

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