CASE 2016-0000: MOMARCO IMPORT COMPANY, INC., Petitioner, -versus- FELICIDAD VILLAMENA, RESPONDENT (G.R. NO. 192477, 27 JULY 2016, BERSAMIN, J.) (REMEDY WHEN ONE IS DECLARED IN DEFAULT; DEFAULT JUDGMENT)  (BRIEF TITLE: MONARCO VS. VILLAMENA)


DISPOSITIVE:

 

 “WHEREFORE, the Court DENIES the petition for review on certiorari; AFFIRMS the decision of the Court of Appeals promulgated on January 14, 2010; and ORDERS the petitioner to pay the costs of suit.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

GIST OF FACTS:

 

DEFENDANT FILED AN ANSWER BUT LATE. RTC DECLARED THEM IN DEFAULT. DEFENDANT DID NOT FILE MOTION TO LIFT ORDER OF DEFAULT. RTC RENDERED DEFAULT JUDGMENT. DEFENDANT APPEALED RTC’S ORDER DECLARING THEM IN DEFAULT AND THE DEFAULT JUDGMENT. CA AFFIRMED. DEFENDANT FILED PETITION IN THE SUPREME COURT QUESTIONING CA DECISION. SC AFFIRMED CA DECISION.

 

PETITIONER CLAIM THAT THE PERIOD TO FILE AN ANSWER HAS NOT YET COMMENCED BECAUSE OF THE DEFECTIVE SERVICE OF SUMMONS. IS HIS CONTENTION CORRECT?

 

NO. BY FILING AN ENTRY OF APPEARANCE, PETITIONER IS DEEMED AWARE OF THE COMPLAINT FILED.

 

JURISDICTION OVER THE PERSON OF THE DEFENDANT BECAME VESTED IN THE RTC AND CURED ANY DEFECT IN THE SERVICE OF SUMMONS.

 

WHAT OTHER ACT OR OMMISSION WAS CONSIDERED BY THE SUPREME COURT IN ITS DECISION DENYING THE PETITION?

 

DEFENDANT FAILED TO FILE A MOTION TO LIFT THE ORDER OF DEFAULT.

 

BUT DEFENDANT FILED AN OPPOSITION TO THE MOTION TO DECLARE IT IN DEFAULT. IS THIS NOT SUFFICIENT?

 

NO. THEY SHOULD HAVE FILED A MOTION TO LIFT ORDER OF DEFAULT AS PROVIDED IN THE RULES.

 

THE COURT NOTED THAT IN THEIR OPPOSITION, DEFENDANT TENDERED NO SUBSTANTIATION OF WHAT WAS ITS MERITORIOUS DEFENSE, AND DID NOT SPECIFY THE CIRCUMSTANCES OF FRAUD, ACCIDENT, MISTAKE, OR EXCUSABLE NEGLIGENCE THAT PREVENTED THE FILING OF THE ANSWER BEFORE THE ORDER OF DEFAULT ISSUED -THE CRUCIAL ELEMENTS IN ASKING THE COURT TO CONSIDER VACATING ITS OWN ORDER.

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2016-0054-MOMARCO 

 

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