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Motion To Lift Order of Default

1) Defendants filed a motion to lift/vacate the order of default and admit their attached answer in the case filed by Sandara Park against Jennie Kim et als. 2) The defendants' previous lawyer was reassigned and their new public attorney mistakenly filed their answer in the old, dismissed case folder instead of the new case, leading to a default order against the defendants. 3) The defendants are asking the court to lift the default order and admit their late-filed answer to protect their rights, as they sought legal help promptly but mistakes were made on their new lawyer's first day.

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Joshua Lopez Tuazon
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284 views3 pages

Motion To Lift Order of Default

1) Defendants filed a motion to lift/vacate the order of default and admit their attached answer in the case filed by Sandara Park against Jennie Kim et als. 2) The defendants' previous lawyer was reassigned and their new public attorney mistakenly filed their answer in the old, dismissed case folder instead of the new case, leading to a default order against the defendants. 3) The defendants are asking the court to lift the default order and admit their late-filed answer to protect their rights, as they sought legal help promptly but mistakes were made on their new lawyer's first day.

Uploaded by

Joshua Lopez Tuazon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


11TH Judicial Region, Branch 21
Ligao City, Albay

SANDARA PARK
Plaintiff,

---versus--- Civil Case No. 03062022

For: Damages

JENNIE KIM, ET ALS.


Defendants
x--------------------------------------x

MOTION TO LIFT/VACATE ORDER OF DEFAULT AND


ADMIT ATTACHED ANSWER

Defendants, through the undersigned Public Attorney and


to this Honorable Court, after having been duly deposed and having
been placed under oath, hereby say:

1. That at the outset of this case, Defendants’ Answer caused the


dismissal of Plaintiff’s case, without objection from defendants
and counsel, giving plaintiff a chance to re-file the same;

2. When Plaintiff re-filed anew a Complaint, Defendants wasted no


time in going to the Public Attorney’s Office to inform their
lawyer that a case has been refiled against them. Unfortunately,
their lawyer was already re-assigned to another PAO District
Office and it was herein undersigned lawyer’s first day at work;

3. Faced with a challenge that could aptly be characterized as


“baptism by fire”, the new PAO lawyer’s first day is a hearing
day much to his surprise. He took defendants’ Summons and
assured them that a new Answer shall be filed in their behalf;

4. Much to their chagrin, their new lawyer erred in placing their


Summons and a copy of the new Complaint, inside the old case
folder, which was already labelled “DISMISSED” as it was in
fact, just dismissed. This was the start of their misery, for as
observed by plaintiff’s counsel -----and as admitted by the
undersigned neophyte lawyer---- they were jolted awake by
plaintiff’s filing of a Motion to Declare Defendant in Default;

5. To protect defendant’s rights, public counsel immediately


submitted a Motion to Admit Belatedly Filed Answer, with
explanation as to how this unfortunate delay happened;

6. The Honorable Court, through the then Acting Presiding Judge


Cindy T. Joshi, declared Defendants in Default. On June 17
hearing, Plaintiff’s asked to present their evidence ex parte
considering the Default order against defendants. Said ex parte
presentation did not materialize as defendants asked that they
be given a chance to file a Motion to Lift/Vacate Order of Default, a
remedy still available to them under Sec. 3 Rule 9 of the Rules of
Court;

BASIS FOR LIFTING OF ORDER OF DEFAULT

PRAYER

WHEREFORE, premises considered, it is most respectfully


prayed to this Honorable Court that this Manifestation be given due
course and this case be ordered finally DISMISSED.

Further, for the benefit of the private complainant, we pray that


a Permanent Protection Order be issued in favor of Sandara Park.

Such other relief and remedies, consistent with law and equity
are likewise prayed for.

SUBMITTED, this 16th day of June 2022 in the Ligao City, Albay.
With Conformity:

Pros. Cindy T. Joshi Atty. Joshua L. Tuazon


Handling State Prosecutor Public Attorney I
Counsel for the State Counsel for Accused

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