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And Motion For Extension of Time To File Responsive Pleading

1) Defendant Virginia M. Florito's lawyer filed an Entry of Appearance and Motion for Extension of Time to File Responsive Pleading in a civil case regarding the nullification of land titles and a mortgage. 2) Florito currently resides in Australia and will not return to the Philippines until February 2011, so the lawyer is requesting a 60 day extension to file the responsive pleading on her behalf. 3) The motion explains that Florito was not properly served before and intends to appoint a representative using a power of attorney to be notarized in Australia, but the holidays will delay this process.

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Mark Lojero
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125 views

And Motion For Extension of Time To File Responsive Pleading

1) Defendant Virginia M. Florito's lawyer filed an Entry of Appearance and Motion for Extension of Time to File Responsive Pleading in a civil case regarding the nullification of land titles and a mortgage. 2) Florito currently resides in Australia and will not return to the Philippines until February 2011, so the lawyer is requesting a 60 day extension to file the responsive pleading on her behalf. 3) The motion explains that Florito was not properly served before and intends to appoint a representative using a power of attorney to be notarized in Australia, but the holidays will delay this process.

Uploaded by

Mark Lojero
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


8th Judicial Region
BRANCH 13
Carigara, Leyte

HRS. OF EUTIQUIO B.
DIMATANGAL, SOFRONIO B.
DIMATANGAL, rep. by CIVIL CASE No. RTC-2010-011-
CONCEPCION D. DILLERA and CV
ROMEO B. DIMATANGAL,
Plaintiffs, FOR:

-versus- DECLARATION OF NULLITY OF


TCT NOS. TP-17959, TP-17626,
VIRGINIA M. FLORITO, TP-17627 & DEED OF REAL
SPOUSES EDDIE DIMATANGAL ESTATE MORTGAGE WITH
& RUTILDE P. DIMATANGAL, PARTITION & DAMAGES
DENR-8 REGIONAL EXECUTIVE
DIRECTOR, LEYTE, REGISTER
OF DEEDS AND SAMUEL C.
LAGUNZAD,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - -x

ENTRY OF APPEARANCE
And Motion for Extension of Time
To File Responsive Pleading

Undersigned COUNSEL hereby formally ENTERS, REGISTERS and


SERVES NOTICE OF HIS APPEARANCE as COUNSEL for Defendant
VIRGINIA M. FLORITO , and therefore, most respectfully requests that
henceforth, he be duly furnished with copies of all ORDERS,
NOTICES/SUBPOENAS and other writs/processes issued by this Honorable
Court.

On 22 November 2010 Gina S. Cabisas of Capoocan, Leyte was given a


copy of the Complaint with Summons for defendant Virginia M. Florito to file an
answer to the amended complaint within 15 days, or until December 7, 2010 to
submit and file the same. Although Gina S. Cabisas is not the proper person to
be served with summons, not being authorized to receive said summons for
defendant and thus, the service thereof was not valid, she informed the
defendant Florito by phone about the same.

Unfortunately, defendant Florito is still in Australia and will be back in the


Philippines sometime on February 2011. Nevertheless, she contacted the
undersigned counsel this 3 December 2010 regarding her predicament.
2

Defendant intends to appoint a representative, but could not be able to


have the same signed by the Philippine consul in Australia, considering the long
Christmas vacation. The special power of attorney to be executed by her may be
notarized before the Philippine consulate sometime late January 2011.
Nonetheless, this would be shorter period and less expensive for the plaintiff to
move for the summons by publication or substituted service to defendant’s
address at:

#9 Denton Street, Wishat 4122


QLD, Australia

Due to the foregoing constraints, undersigned requests for an extended


period of SIXTY (60) DAYS from December 7, 2010 within which to file the
responsive pleading with this Honorable Court.

This motion is not intended to delay the proceedings but is prompted by


the above-stated reasons.

This motion is not a waiver on the part of defendant Virginia M. Florito to


question the service of summons on Gina Cabisas.

WHEREFORE, it is most respectfully prayed of this Honorable Court that


this ENTRY OF APPEARANCE be fully NOTED and entered into the records
of this case, and that defendant VIRGINIA M. FLORITO be granted an extension
of SIXTY (60) DAYS from 7 December 2010, or until 7 February 2011,
within which to file her responsive pleading.

Tacloban City for Carigara, Leyte. 3 December 2010.

TAN IGANO GIRON EVANGELISTA ROA


Counsel for the Defendant Virginia M. Florito
253 Avenida Veteranos, Tacloban City
By:

LEO S. GIRON
Roll No. 37379
IBP Lifetime No. 00733
PTR No. 6741797; 1-4-10; Tacloban City
MCLE Compliance No. III-0006315; 11-23-09
3

NOTICE OF HEARING

The Clerk of Court


RTC Br. 13, Carigara, Leyte

GREETINGS:

Please submit the foregoing FORMAL APPEARANCE and MOTION FOR


EXTENSION OF TIME TO FILE RESPONSIVE PLEADING for the favorable
consideration of this Honorable Court immediately upon receipt sans oral
arguments.

LEO S. GIRON

ROMEO B. DIMATANGAL/CONCEPCION D. DILLERA


Agent, Hrs. of Eutiquio & Sofronio Dimatangal
Brgy. San Vicente, Tunga, Leyte

Greetings:

Please take notice that herein counsel will submit the foregoing Notice of
Appearance and Motion for Extension to File Responsive Pleading to the
Honorable Court for its favorable resolution immediately upon receipt hereof sans
oral argument.

LEO S. GIRON

COPY FURNISHED/
EXPLANATION

ROMEO B. DIMATANGAL/CONCEPCION D. DILLERA


Agent, Hrs. of Eutiquio & Sofronio Dimatangal
Brgy. San Vicente, Tunga, Leyte

A copy of this pleading was sent to ROMEO B.


DIMATANGAL/CONCEPCION D. DILLERA by registered mail with registry
return receipt hereto attached as proof of service, since personal service is not
practicable due to distance.

LEO S. GIRON

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