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RICARDO O. MONTINOLA v. REPUBLIC PLANTERS BANK

This case has been cited 2 times or more.

2010-07-27
CARPIO MORALES, J.
For a motion to lift an order of default to prosper, the following requisites must concur: (1) it must be made by motion under oath by one who has knowledge of the facts; (2) it must be shown that the failure to file answer was due to fraud, accident, mistake or excusable negligence; and (3) there must be a proper showing of the existence of meritorious defense.[55]
2009-07-22
CHICO-NAZARIO, J.
A Motion to Lift Order of Default is different from an ordinary motion in that the Motion should be verified; and must show fraud, accident, mistake or excusable neglect, and meritorious defenses.[7] The allegations of (1) fraud, accident, mistake or excusable neglect, and (2) of meritorious defenses must concur.[8]