This case has been cited 2 times or more.
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2004-08-16 |
PANGANIBAN, J. |
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| To the trial court's order allowing the ex parte presentation of evidence by the plaintiff, the defendant's remedy is a motion for reconsideration.[51]An affidavit of merit is not required to be attached to such motion, because the defense has already been laid down in the answer.[52] | |||||
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2003-06-10 |
YNARES-SANTIAGO, J. |
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| Under Section 6, Rule 18 of the 1997 Rules of Civil Procedure, the failure of the defendant to file a pre-trial brief shall have the same effect as failure to appear at the pre-trial, i.e., the plaintiff may present his evidence ex parte and the court shall render judgment on the basis thereof.[20] The remedy of the defendant is to file a motion for reconsideration[21] showing that his failure to file a pre-trial brief was due to fraud, accident, mistake or excusable neglect.[22] The motion need not really stress the fact that the defendant has a valid and meritorious defense because his answer which contains his defenses is already on record.[23] | |||||