LTD: ORDER OF DEFAULT

 

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)