Case Digest (G.R. No. 187720)
Facts:
The case involves Trinidad Alicer and the Administrator of the Intestate Estate of the Heirs of Arturo Alicer as petitioners, and Alberto Compas, Winefreda Pineda, Amando Pineda, the Rural Bank of Carigara, Inc., and Edgar Selda as respondents. The events leading to this case began with a complaint filed by Alberto Compas against the aforementioned parties, which was docketed as Civil Case No. 97-11-203 for Reconveyance of Title and Damages in the Regional Trial Court, Branch 9, Tacloban City. The trial court scheduled a pre-trial conference for February 20, 2003, which was later rescheduled to March 13-14, 2003, at the request of the Rural Bank of Carigara. Prior to the March dates, Compas's counsel requested a postponement to March 20-21, 2003, citing prior commitments. Similarly, Trinidad Alicer and the heirs of Arturo Alicer sought to postpone the March 20-21 hearings to May 8, 2003. However, these motions did not reach the trial court in time, and the case was called...
Case Digest (G.R. No. 187720)
Facts:
Background of the Case
The case originated from a complaint filed by Alberto Compas against Winefreda Pineda, Amando Pineda, Trinidad Alicer, the Heirs of Arturo Alicer, Edgar Selda, and the Rural Bank of Carigara (Leyte) for Reconveyance of Title and Damages. The case was docketed as Civil Case No. 97-11-203 before the Regional Trial Court (RTC), Branch 9, Tacloban City.Pre-Trial Proceedings
- The pre-trial conference was initially set for February 20, 2003, but was rescheduled to March 13-14, 2003, upon the motion of the Rural Bank of Carigara (Leyte).
- Prior to the March 13-14, 2003 pre-trial, plaintiff Alberto Compas moved for a postponement to March 20-21, 2003, due to prior commitments.
- Defendants Trinidad Alicer and the Administrator of the Intestate Estate of Arturo Alicer also moved for a postponement to May 8, 2003, citing the same reason.
- Both motions for postponement were not acted upon by the trial court, and the case was called for hearing on March 13, 2003. Only Edgar Selda, the Rural Bank of Carigara (Leyte), and Trinidad Alicer (represented by one of her counsels, Atty. Samuel Lagunzad) were present.
- The pre-trial was rescheduled to June 5, 2003, and later to July 25, 2003.
Declaration of Default
- On July 25, 2003, all parties were present except for Trinidad Alicer and the Heirs of Arturo Alicer, who were declared in default upon motion of the plaintiff’s counsel.
- A pre-trial order was issued, and the trial proceeded.
- On August 13, 2004, Trinidad Alicer and the Heirs of Arturo Alicer filed a "Motion to Lift Default Order," claiming they did not receive notice of the July 25, 2003 pre-trial. The motion was denied by the trial court on February 23, 2005, for insufficiency in form and substance and for lacking an affidavit of merit. A motion for reconsideration was also denied on May 12, 2005.
Petition for Certiorari
- Petitioners filed a petition for certiorari with the Court of Appeals, alleging they did not receive notice of the pre-trial conference and that the notice should have been served on Atty. Melencio Emata, not Atty. Lagunzad.
- The Court of Appeals dismissed the petition, finding no grave abuse of discretion by the trial court. It held that notice to one of the multiple counsels (Atty. Lagunzad) was sufficient under Section 2, Rule 13 of the Revised Rules of Court.
- The Court of Appeals also found that Atty. Emata failed to notify the trial court of his change of address, which led to the non-receipt of notices.
Issue:
The sole issue for resolution is whether the Court of Appeals erred in affirming the trial court’s order declaring petitioners in default for failing to attend the pre-trial conference.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
The Supreme Court upheld the default order, emphasizing that petitioners’ failure to attend the pre-trial conference was due to their counsel’s negligence. The Court reiterated that clients are bound by the actions (or inactions) of their counsel in the conduct of their case.