Republic of the Philippines

SUPREME COURT
7th Judicial Region
REGIONAL TRIAL COURT
Branch 5
Cebu City

JOSE CALBO,
Plaintiff,

CIVIL CASE NO.12345

For: COLLECTION OF SUM OF
MONEY

JOHNNY DEAF
Defendant.
x--------------------------------------------x

MOTION FOR JUDGMENT ON THE PLEADINGS

Plaintiff thru counsel to this Honorable Court, most respectfully states

that:

1. On June 5, 2018, Plaintiff filed the above-entitled case against

Defendant with the Honorable Court, paying the appropriate docket fees.

2. Summons and a copy of the complaint was finally served unto the
defendant on June 30, 2018, thru defendant’s daughter, Juanita Deaf, a
person of suitable age and discretion. (Pls. see attached Summons and
Sheriff’s Return of Summons, Annexes “A” and “B”, respectively).

3. On July 28, 2018, plaintiff’s counsel inquired with the office of

this Honorable Court as to whether or not defendant have already filed his
Answer within the period prescribed by Rules. Plaintiff’s counsel was then
told by the person in-charge of civil cases that there is yet no Answer filed.

4. The reglementary period to answer has expired without the

defendant filing any answer.

5. For this reason, a judgment may now be rendered by this

Honorable Court motu proprio or upon motion of the Plaintiff, as may be
warranted by the facts alleged in the Complaint and limited to what is prayed
for therein.

WHEREFORE, premises considered, it is respectfully prayed for that

judgment be rendered in favor of Plaintiff and against the Defendant,
ordering the Defendant to pay Plaintiff:

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 a. The amount of Three Hundred Thousand Pesos (₱300,000.00),
representing defendant’s indebtedness with legal interest from the date of
final demand;

b. The amount of Fifty Thousand Pesos (₱50,000.00) as Attorney's

Fees plus Appearance Fee at the rate of Ten Thousand Pesos (₱10,000.00)
per court hearing;

c. The costs of suit.

Other reliefs just and equitable under the premises are also prayed for.

RESPECTFULLY SUBMITTED.

Cebu City, Philippines

ATTY. ROANNA B. ICOT

Counsel for the Plaintiff
MCLE No. 2546;
PTR No. 12544;
Cebu City;
IBP No. 31131 ;
Apas, Cebu City
Email: roanaicot@hotmail.com
Contact No.: 091746464665

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 NOTICE OF HEARING

THE BRANCH CLERK OF COURT

RTC - Branch 5
Cebu City

ATTY. LOUIE HUROT

Counsel for the Defendant
1234 Gomburza Street, Talisay City
Cebu

Greetings!

Please take notice that the undersigned counsel will submit the
foregoing Motion to the Honorable Court on August 31, 2018 at 8:30 in the
morning for its favorable consideration and approval.

ATTY. ROANNA B. ICOT

Copy furnished by registered mail:

ATTY. LOUIE HUROT

Counsel for the Defendant
1234 Zamora Street, Mandaue City

EXPLANATION

Due to lack of messengerial services to effect personal service, a copy

of the foregoing motion was sent to defendant's counsel through registered
mail.

ATTY. ROANNA B. ICOT

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