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	GR No. 172301 2015-08-19	PHILIPPINE NATIONAL CONSTRUCTION CORP. v. ASIAVEST MERCHANT BANKERS BERHAD LEONEN, J.
The trial court granted petitioner's three Motions for extension of time to file its Answer,[114] yet petitioner still failed to file its Answer on the day it was due. In its Motion to Lift Order of Default, petitioner alleged that "[t]he Lawyer previously handling this case, Atty. Noel de Leon, had already transferred to another government office and that he failed to file an Answer in this case due to excusable negligence brought about by the failure of the Defendant to furnish and provide him with all the pertinent documents necessary in the preparation of its defense."[115] Excusable negligence means negligence that "ordinary diligence and prudence could not have guarded against."[116] The Motion did not state the pertinent documents it needed from respondent that prevented petitioner from filing a timely Answer.
	GR No. 193494 2014-03-07	LUI ENTERPRISES v. ZUELLIG PHARMA CORPORATION LEONEN, J.
Excusable negligence is "one which ordinary diligence and prudence could not have guarded against."[125] The circumstances should be properly alleged and proved. In this case, we find that Lui Enterprises' failure to answer within the required period is inexcusable.