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Motion To Set Counterclaim For Hearing

This document is a motion filed in a family court case requesting that the respondent's counterclaim be set for a hearing. It summarizes that the court had previously dismissed the petitioner's claim for nullification of marriage because they were not the real party in interest. It argues that dismissal of the initial claim does not require dismissal of the counterclaim, which can be adjudicated independently. The motion requests that the counterclaim be set for a hearing on July 23rd or another convenient date.

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Eugene Francis Cupatan
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104 views

Motion To Set Counterclaim For Hearing

This document is a motion filed in a family court case requesting that the respondent's counterclaim be set for a hearing. It summarizes that the court had previously dismissed the petitioner's claim for nullification of marriage because they were not the real party in interest. It argues that dismissal of the initial claim does not require dismissal of the counterclaim, which can be adjudicated independently. The motion requests that the counterclaim be set for a hearing on July 23rd or another convenient date.

Uploaded by

Eugene Francis Cupatan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

FAMILY COURT
Third Judicial Region
Malolos City, Bulacan
Branch 4

JUAN DELA CRUZ,


Petitioners, CIVIL CASE NO.
777-666
-versus- For: Declaration of
Absolute Nullity of
MARIA MERCEDES,
Respondent.
x-----------------------------------------------------------------------------------------x

MOTION TO SET COUNTERCLAIM FOR HEARING

COMES NOW the respondent, thru the undersigned counsel and unto
this Honorable Court most respectfully state:

1. That the Honorable Court has already dismissed the above Petition
for Declaration of Absolute Nullity of Marriage in an order dated May
26, 2022, for the reason that the petitioners are not the real party-in-
interest and hence, the petition failed to state a cause of action.

2. That under pertinent provisions of the Rules of Court and


jurisprudence, the dismissal of the complaint/petition does not ipso
jure result in the dismissal of the counterclaim and the latter may
remain for independent adjudication by the court.

3. In view of the foregoing, the undersigned counsel most respectfully


prays that the counterclaim already pleaded by the respondent be set
for hearing on July 23, 2022 at 9:00 o’clock in the morning or any
other date convenient to the calendar of the Honorable Court.

PRAYER
WHEREFORE, it is respectfully prayed the counterclaim already set
up by the respondent be set for hearing on July 23, 2022 at 9:00 o’clock in
the morning or any other date convenient to the calendar of the Honorable
Court.

Respondent also prays for such further and other reliefs and remedies just
and equitable under the circumstances.

_________________________
Atty. PolPol
Counsel for the Complainants

NOTICE OF HEARING

MA. CECILIA STA. ROSA MORAGA,


LOCAL CIVIL REGISTRAR OF
QUEZON CITY and PHILIPPINE
STATISTICS AUTHORITY,
Respondent.

CLERK OF COURT
FAMILY COURT
Third Judicial Region
Malolos City, Bulacan
Branch 4

          Greetings!
      
Please take notice that the undersigned counsel will submit the
foregoing Motion for Execution to the Honorable Court on July 25, 2013 at
8:30 in the morning for its favorable consideration and approval.

_____________________________
Atty. Polpol
Counsel for Complainants
                                              
                                                                                  
Copy furnished by registered mail:
JUAN DELA CRUZ
Plaintiffs.

     

EXPLANATION

        Due to lack of messengerial services to effect personal service, a copy


of the foregoing motion was sent to defendant's counsel through registered
mail.

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