Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th JUDICIAL REGION
Davao City Branch 01
PEOPLES CREDIT NETWORK
FINANCE COMPANY INC,
Plaintiff,
-versus-

Civil Case No. 4,856-A-2014

For Collection of Sum of Money

JULIET MAGSACAY QUEDIT

Defendant,
x- - - - - - - - - - - - - - - - - - - - - -x

INTERIM MOTION TO REQUEST FOR

COPY OF THE COMPLAINT WITH MANIFESTATION
Defendant, by herself, and unto this Honorable Court, most respectfully
avers:
1. On 23 January 2015, Defendant received through LBC Express, a
private courier, a copy of an Urgent Motion to Reset Hearing
purportedly signed by one Atty. Roderick M. Mallari for the Plaintiff in
the above-entitled case;
2. On 17 February 2015, having no knowledge of any pending case filed
against her, the Defendant placed a long-distance phone call from
Cotabato City to the Honorable Courts office in Davao City to
ascertain and verify the existence of the pending civil action;
3. Upon confirmation, it appears that the instant case has indeed been
filed and that she has been impleaded therein as the named
defendant, much to her dismay and surprise;
4. For the due enlightenment and consideration of the Honorable Court,
the herein Defendant has not received any summons relative to the
case nor has she been furnished a copy of the complaint/ statement of
claim filed against her by the Plaintiff--- a clear violation of her
procedural due process. It was only when she received a copy of the
Urgent Motion, through private mail, did she become aware of the
instant case;
5. This, despite the fact that she has been permanently residing in Brgy.
St. Nino, Making, Parang Maguindanao for several years and has
openly and continuously declared such fact of residency in all her
official records, which fact is also known by the people living in her
community;
6. Procedural and jurisdictional defects notwithstanding, the Defendant
requests that the pending hearing of the case be postponed/ deferred
until such time that she has been furnished with the summons

together with a copy of the complaint/ statement of claim together

with other supporting documents filed against her, if only to afford her
ample time to know the nature and cause of action against her by the
Plaintiff and thus afford her time to file her Verified Answer/Response
thereto.
And by way of MANIFESTATION, further avers that:

7. The Defendant no longer carries or is known by her former marital

surname QUEDIT, the surname of her deceased husband. She has
since remarried and is now known by her surname DADIOS.
Henceforth, please refer to her in all pleadings, motions, notices,
orders, and other court processes as JULIET MAGSACAY DADIOS.
8. For expediency, please submit all pleadings, motions, notices, orders
and other court processes issued henceforth to the following address:
c/o SPO3 JULIET M. DADIOS
Regional Headquarters Service
Group (RHSG) Office PRO-ARMM
Camp BGen. Salipada K. Pendatun,
Parang, Maguindanao

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that an Order be issued granting the Defendants
request to (a) DEFER/ POSTPONE the scheduled hearing of the aboveentitled case pending service and receipt of summons together with the
complaint and (b) TO FURNISH the Defendant a copy of the Summons
together with the Complaint/Statement of Claim and allow her to timely
submit a Verified Answer/Response thereto.
Other reliefs just and equitable under the premises are likewise prayed for.
Cotabato City for Davao City, February 27, 2015.
By:

JULIET M. DADIOS
Defendant
Cp. BGen., Salipada K. Pendatun,
Parang, Maguindanao
Copy Furnished:
Atty. Roderick M. Mallari
Suite 229 Regalia Tower Suites
No. 150 P. Tuazon Blvd.,

Registry Receipt:_______________

Cubao, Quezon City

NOTICE OF HEARING
The Branch Clerk of Court
Municipal Trial Court in Cities
Davao City Branch 01
Please submit the foregoing Interim Motion for the Honorable Courts
immediate consideration and approval without need for further hearing in
view of the circumstances mentioned above.

Juliet M. Dadios

EXPLANATION
The foregoing Motion is being served by registered mail in view of the
impracticability of personal service due to lack of personnel, time and
distance involved.

Juliet M. Dadios