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    MOTION Scribd

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    resist_phoebe18
    The defendants filed a comment with a motion for additional time to file their answer in response to the plaintiffs' motion. The defendants state that they received the order allowing them 15 days to file their comment, which was filed on time. They also note that while they voluntarily appeared in court twice before, they did not have legal representation. They have recently hired counsel. Considering these circumstances and that they need more time to gather evidence for their defenses, the defendants request an additional 10 days from the resolution of this motion to file their answer.

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    MOTION Scribd

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    The defendants filed a comment with a motion for additional time to file their answer in response to the plaintiffs' motion. The defendants state that they received the order allowing them 15 days to file their comment, which was filed on time. They also note that while they voluntarily appeared in court twice before, they did not have legal representation. They have recently hired counsel. Considering these circumstances and that they need more time to gather evidence for their defenses, the defendants request an additional 10 days from the resolution of this motion to file their answer.

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    Motion to Lift default

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    The defendants filed a comment with a motion for additional time to file their answer in response to the plaintiffs' motion. The defendants state that they received the order allowing them 15 days to file their comment, which was filed on time. They also note that while they voluntarily appeared in court twice before, they did not have legal representation. They have recently hired counsel. Considering these circumstances and that they need more time to gather evidence for their defenses, the defendants request an additional 10 days from the resolution of this motion to file their answer.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    457 views3 pages

    MOTION Scribd

    Uploaded by

    resist_phoebe18
    The defendants filed a comment with a motion for additional time to file their answer in response to the plaintiffs' motion. The defendants state that they received the order allowing them 15 days to file their comment, which was filed on time. They also note that while they voluntarily appeared in court twice before, they did not have legal representation. They have recently hired counsel. Considering these circumstances and that they need more time to gather evidence for their defenses, the defendants request an additional 10 days from the resolution of this motion to file their answer.

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    Republic of the Philippines

    REGIONAL TRIAL COURT


    Sixth Judicial Region
    Branch 18
    Roxas City

    x------------------------------------------x
    COMMENT WITH MOTION
    FOR ADDITIONAL TIME TO FILE ANSWER
    DEFENDANTS xxxxx by counsel, by way of Comment
    to the Motion and Manifestation dated 04 April 2016, unto
    this Honorable Court, most respectfully state that:
    1. On 06 May 2016, the defendants received a copy of the
    Order dated28 April 2016 giving defendants 15 days from
    receipt of the same to file their comments to the Motion
    and Manifestation dated 04 April 2016.
    2. Thus, defendants have until 21 May 2016 within which to
    file the said Comment. Considering that 21 May 2016 falls
    on a Saturday, the last day of the filing of the comment is
    on Monday, 23 May 2016. Clearly, the instant Comment is
    being filed within the period given by the Honorable Court.
    3. The defendants do not dispute that they have voluntarily
    appeared before the Honorable Court as they have
    appeared twice during the Preliminary Conference of this
    case. It bears to note however that Defendants were not
    assisted by any counsel.
    4. During the Preliminary Conference itself, it would appear
    that xxx could not have made any intelligible participation
    for lack of legal representation. Moreover, after the
    Preliminary Conference, xxxx was not able to get a copy of
    Amended Complaint dated 03 June 2013 as she did not
    know what to do at that time.
    5. Despite this, the defendants join the plaintiffs in their
    Motion that the defendants have voluntarily appeared and
    as such, the Honorable Court has acquired jurisdiction
    over the person of the newly-impleaded defendants.
    1

    6. The defendants have just recently engaged the services of


    its counsel on 15 April 2016. In fact, the undersigned
    counsel entered her appearance for this case on that
    same date. It was only during that time they were advised
    on what proper legal actions take for this matter. In fact,
    foremost of defendants concerns is that they have not
    filed an Answer to the Complaint.
    7. In Guillerma Sablas vs. Esterlita Sablas, et al., 1 the
    Supreme Court held that, It is within the sound discretion
    of the trial court to permit the defendant to file his answer
    and to be heard on the merits even after the reglementary
    period for filing the answer expires. The Rules of Court
    provides for discretion on the part of the trial court not
    only to extend the time for filing an answer but also
    to allow an answer to be filed after the reglementary
    period.
    8. Moreover, as the policy of the law is to have every
    litigant's case tried on the merits as much as possible,
    Section 11, Rule 11 of the Rules of Court provides:
    Sec. 11. Extension of time to plead. Upon
    motion and on such terms as may be just, the
    court may extend the time to plead provided in
    these Rules.
    The court may also, upon like terms, allow an
    answer or other pleading to be filed after the time
    fixed by these Rules.
    9. Considering the circumstances as above-mentioned and
    the Defendants are still in the process of gathering
    evidence in support of their defenses, Defendants are
    constrained to move for additional time of 10 days from
    the Resolution of this Motion to file their Answer.
    10. This motion is being filed in good faith purely for the
    foregoing reasons and is not intended to delay the
    proceedings in the instant case.
    PRAYER
    WHEREFORE, premises considered, Defendants most
    respectfully pray of the Honorable Court to grant
    1 G.R. No. 144568, July 3, 2007
    2

    additional time of 10 days from the Resolution of this


    Motion to file their Answer.
    Defendants pray for other just and equitable relief.
    Roxas City for Roxas City, 23 May 2016.

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