Case Digest (G.R. No. L-48955)
Facts:
The case involves Bernardo Busuego as the petitioner and the Honorable Court of Appeals, Jose Lazaro, Romeo Lazaro, and Vivencio Lopez as respondents. The events leading to this case began on January 20, 1974, when Busuego filed a complaint in the Court of First Instance of Pasig against the Lazaro brothers and Vivencio Lopez to recover possession of a parcel of land and a three-unit apartment house located at No. 260-A, Bonifacio Avenue, Bo. Jesus de la Pena, Marikina, Rizal. Following the filing, summons was issued and was personally served to the defendants through Dr. Ernesto Lazaro. On February 13, 1974, the defendants, represented by Atty. Gerardo B. Roldan Jr., filed a motion requesting a 15-day extension to file their answer, citing the need for more time to study the case. This motion was granted on March 6, 1974. Subsequently, on February 28, 1974, the defendants requested an additional 10-day extension, which was also granted on March 14, 1974. However, despite the...
Case Digest (G.R. No. L-48955)
Facts:
Commencement of the Case:
On January 20, 1974, petitioner Bernardo Busuego filed a complaint in the Pasig Court of First Instance against Jose Lazaro, Romeo Lazaro, Ernesto Lazaro, and Vivencio Lopez to recover possession of a parcel of land and a three-unit apartment house located at No. 260-A, Bonifacio Avenue, Bo. Jesus de la Pena, Marikina, Rizal. Busuego claimed he was the registered owner and that the respondents had occupied the property for over a year without paying rent.
Service of Summons and Extensions of Time:
Summons was issued and served on January 31, 1974, through Dr. Ernesto Lazaro personally. On February 13, 1974, the defendants, through their counsel Atty. Gerardo B. Roldan Jr., filed a motion for a 15-day extension to file an answer. A second 10-day extension was requested on February 28, 1974, but no answer was filed, leading to a declaration of default on May 20, 1974.
Judgment and Execution:
After a hearing, the trial court ruled in favor of Busuego on August 26, 1974, ordering the defendants to vacate the premises, pay rent, and cover attorney's fees and costs. Nearly two years later, on July 12, 1976, Busuego filed a motion for execution, which was granted on August 16, 1976.
Motions to Hold Execution and Reconsideration:
On September 3, 1976, Romeo Lazaro filed a motion to hold execution in abeyance, citing humanitarian reasons. The court granted this on September 18, 1976. Later, on September 28, 1976, the defendants filed a motion for reconsideration, claiming they were not furnished a copy of the default judgment. This was denied on October 11, 1976.
Subsequent Motions and Appeals:
On November 3, 1976, the defendants, through new counsel Atty. Oliver Lozano, filed an omnibus motion, alleging lack of notice. This was denied on December 27, 1976. On January 10, 1977, they filed a third motion for reconsideration, again arguing lack of jurisdiction due to improper service of summons. This was also denied.
Court of Appeals Decision:
The Court of Appeals, on July 13, 1978, declared the default judgment and related orders null and void for lack of proper service of summons, except as to Ernesto Lazaro.
Issue:
- Whether there was valid service of summons upon respondents Romeo Lazaro, Jose Lazaro, and Vivencio Lopez.
- Whether the respondents voluntarily appeared and submitted to the jurisdiction of the court through their counsel and motions.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)