1) Period to file Motion (to lift order of default)

10 or 15 days; no period specified in the 1991 Revised Rules on Summary Procedure. However,
since no period is mentioned, we apply the Rules of Court due to its suppletory capacity.
(Section 22)
15 days for Motion for Reconsideration; usually 10 days for Motions (within the period the
defendant files his answer)

2) On Motion to lift order of default

when a party files a motion to lift order of default, she must also show that she has a
meritorious defense or that something would be gained by having the order of default
set aside. The term meritorious defense implies that the applicant has the burden of
proving such a defense in order to have the judgment set aside. The cases usually do not
require such a strong showing. The test employed appears to be essentially the same as
used in considering summary judgment, that is, whether there is enough evidence to
present an issue for submission to the trier of fact, or a showing that on the undisputed
facts it is not clear that the judgment is warranted as a matter of law. The defendant
must show that she has a meritorious defense otherwise the grant of her motion will
prove to be a useless exercise. Thus, her motion must be accompanied by a statement
of the evidence which she intends to present if the motion is granted and which is
such as to warrant a reasonable belief that the result of the case would probably be
otherwise if a new trial is granted. (Velayo-Fong v. Velayo, G.R. No. 155488, December
6, 2006)

3) Voluntary appearance

Voluntary appearance is a waiver of necessity of formal notice. When the appearance is by

motion for the purpose of objecting to the jurisdiction of the court over the person, it must be
for the sole and separate purpose of objecting to the jurisdiction of the court. If the appearance
is for any other purpose, the defendant is deemed to have submitted himself to the jurisdiction
of the court. (Spouses Munar , et al. vs. CA, G.R. No. 100740, 25 November 1994, citing Wang
Laboratories,Inc. vs. Mendoza, 156 SCRA 44 [1987])

As a general proposition, one who seeks an affirmative relief is deemed to have submitted to the
jurisdiction of the court. It is by reason of this rule that we have an occasion to declare that the
filing of motions to admit answer, for additional time to file answer, for reconsideration of a
default judgment, and to lift order of default with motion for reconsideration, is considered
voluntary submission to the courts jurisdiction. This, however, is tempered by the concept of
conditional appearance, such that a party who makes a special appearance to challenge, among
others, the courts jurisdiction over his person cannot be considered to have submitted to its
authority. (Prudential Bank vs. Magdamit, et a., G.R. No. 183795, November 12, 2014)
 Filing an answer in compliance with the rules on summary procedure in lieu of obtaining an
adverse summary judgment does not amount to voluntary submission. A party who makes a
special appearance in court, challenging the jurisdiction of said court, is not deemed to have
submitted himself to the jurisdiction of the court. (Rapid City Realty and Development
Corporation vs. Villa, G.R. No. 184197, February 11, 2010, 612 SCRA 302, 306)