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LUI ENTERPRISES, INC. PETITIONER, VS. ZUELLIG PHARMA CORPORATION AND THE PHILIPPINE BANK OF COMMUNICATIONS, RESPONDENTS.

LUI ENTERPRISES, INC. PETITIONER, VS. ZUELLIG PHARMA CORPORATION AND THE PHILIPPINE BANK OF COMMUNICATIONS, RESPONDENTS.

G.R. No. 193494 | 2014-03-07

THIRD DIVISION
 
D E C I S I O N
 
LEONEN, J.:
 
There should be no inexplicable delay in the filing of a motion to set aside order of default. Even when a motion is filed within the required period, excusable negligence must be properly alleged and proven.

This is a petition for review on certiorari of the Court of Appeals’ decision[1] dated May 24, 2010 and resolution[2]dated August 13, 2010 in CA-G.R. CV No. 88023. The Court of Appeals affirmed in toto the Regional Trial Court of Makati’s decision[3] dated July 4, 2006.

The facts as established from the pleadings of the parties are as follows:

On...