ORDER OF GENERAL DEFAULT, WHEN ENTERED
1.
Order of general default
§
if no person appears and
answers within the time allowed; by description in the notice “to whom it may
concern”, all the world are made parties defendant and shall be concluded by
the default order
2.
Order of special default
§
when an appearance has been
entered and answer filed, default order shall be entered upon against persons
who didn't appear and answer
EFFECT OF ORDER OF DEFAULT
·
Party declared in default loses
his standing in court
·
He cannot appear in court, be
heard or be entitled to notice
REMEDIES OF A PERSON WHO WAS DECLARED IN DEFAULT BY
THE COURT
1. Motion to set aside
default order (Sec. 3, Rule 9, ROC)
§
A defaulted interested person
may gain standing in court by filing such motion at any time after notice
thereof and before judgment, upon proper showing that:
(a)
His failure o answer was due to
fraud, accident, mistake, excusable neglect (FAME)
(b)
And that he has a meritorious
defense
2. Petition for certiorari
§
Failure of the oppositor to
appear at the initial hearing is not a ground for default. In which case, his
proper remedy is to file a petition for certiorari not later than sixty (60)
days from notice of judgment, order or resolution to contest the illegal
declaration or order of default, not an appeal. (Sec. 4, Rule 65, Rules of Court)
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