Case Digest (G.R. No. L-600)
Facts:
- Soledad Pena de Luz (petitioner) and Simeon D. Luz (respondent) were married on September 26, 1940, in Manila.
- They had a son, Cesar, born on July 11, 1941.
- Simeon claimed Soledad abandoned him on July 20, 1941, by going to her mother's home in Sinait, Ilocos Sur.
- Simeon filed for divorce on September 22, 1943, under Executive Order No. 141 during the Japanese occupation.
- Soledad was served with summons on January 20, 1944, at her mother's residence.
- She filed a motion to dismiss the complaint on January 31, 1944, citing lack of jurisdiction, which was denied on April 1, 1944.
- Soledad's answer to the complaint was delayed in transit and received by the court on June 23, 1944.
- On October 23, 1945, Soledad's attorney filed a motion to set aside the default decision from March 24, 1944, which was denied, leading to the annulment petition.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the decision of the Court of First Instance of Leyte on March 24, 1944, was null and void due to the lack of opportunity for Soledad Pena de Luz to presen...(Unlock)
Ratio:
- The Supreme Court determined that the lower court acted prematurely by declaring Soledad in default while her motion to dismiss was pending.
- The return of service of summons was received only three days before the default order was issued, indicating a lack of due process.
- Soledad had the right to respond within the prescribed period, and...continue reading
Case Digest (G.R. No. L-600)
Facts:
The case involves Soledad Pena de Luz as the petitioner and Simeon D. Luz as the respondent, with the Court of First Instance of Tacloban, Leyte, as the other respondent. The events leading to this case began on September 26, 1940, when Simeon D. Luz and Soledad Pena were married in Manila, where they established their marital home. Their son, Cesar, was born on July 11, 1941. Simeon alleged that Soledad abandoned him on July 20, 1941, by leaving for her mother's home in Sinait, Ilocos Sur, and that his attempts to reconcile were unsuccessful. Consequently, on September 22, 1943, Simeon filed for divorce in the Court of First Instance of Leyte under Executive Order No. 141, which had been issued on March 25, 1943, by the Chairman of the Philippine Executive Commission during the Japanese occupation. Soledad was served with the summons and a copy of the complaint on January 20, 1944, at her mother's residence. On January 31, 1944, she filed a motion to dismiss the complaint, claiming the court lacked jurisdiction. This motion was denied on April 1, 1944, after her attorney had mailed an answer to the complaint, which was received by the court on June 23, 1944, due to delays in transit....