Case Digest (G.R. No. 173379)
Facts:
Abubakar A. Afdal and Fatima A. Afdal v. Romeo Carlos, G.R. No. 173379, December 01, 2010, Supreme Court Second Division, Carpio, J., writing for the Court. The petition challenges two Regional Trial Court orders dismissing petitioners' attempt to obtain relief from an MTC judgment.On 18 December 2003 Romeo Carlos filed an unlawful detainer complaint (Civil Case No. 3719) in the Municipal Trial Court (MTC), Binan, Laguna, alleging that petitioners and others were occupying a parcel covered by Transfer Certificate of Title No. T-530139. Carlos alleged he had bought the property from petitioner Abubakar Afdal but had allowed petitioners to stay; he demanded possession on 25 August 2003 and, after alleged noncompliance, proceeded to the Lupon which issued a certificate to file action. The records reflect three attempts to serve summons on petitioners (14 January, 3 February, and 18 February 2004); petitioners did not file an answer.
On 2 June 2004 Carlos moved ex parte to submit the case for decision; on 23 August 2004 the MTC rendered judgment in favor of Carlos ordering ejectment, rental arrears and attorney's fees. A writ of execution issued on 1 October 2004. Petitioners filed a petition for relief from judgment in the MTC on 30 October 2004, which respondent moved to dismiss; petitioners withdrew that petition on 10 November 2004 after realizing it was a prohibited pleading under the Revised Rule on Summary Procedure.
On 6 December 2004 petitioners filed a petition for relief from judgment with the Regional Trial Court (RTC), Branch 25, Binan. The RTC dismissed the petition on 3 January 2005 for lack of jurisdiction, reasoning that under Rule 38 Section 1 a petition for relief must be filed "in such court and in the same case"; petitioners moved for reconsideration and the RTC denied it on 16 June 2006. Petitioners filed a petition for rev...(Subscriber-Only)
Issues:
- Did the Regional Trial Court err in dismissing petitioners' petition for relief from judgment? ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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