Facts:

• The case J. M. Tuazon & Co., Inc. v. Danny Vivat was decided by the Supreme Court of the Philippines on May 29, 1963.
• Plaintiff-appellee: J. M. Tuazon & Co., Inc., represented by managing partner Gregorio Areneta, Inc.
• The action involved ejectment and collection of rentals against defendant-appellant Danny Vivat.
• The dispute arose in the Court of First Instance of Rizal concerning a parcel of land in Santa Mesa Heights Subdivision, Quezon City, covered by Transfer Certificate of Title No. 1267.
• The plaintiff alleged that the defendant unlawfully occupied approximately 500 square meters of land and constructed a house without permission.
• The plaintiff sought damages of P150 per month for unlawful occupation, eviction of the defendant, and removal of his structures.
• Summons was served to the defendant on April 13, 1959, through a third party, Candido Calon.
• The defendant failed to file a responsive pleading, resulting in a default declaration on May 16, 1959.
• The trial court ruled in favor of the plaintiff on June 3, 1959.
• The defendant filed a petition for relief on June 23, 1959, claiming he was away during the summons service and had a valid defense based on an alleged purchase from E. Alquiros.
• The trial court denied the petition, leading to the appeal.

Issue:

• (Unlock)

Ruling:

• The Supreme Court upheld the trial court's denial of the petition for relief from judgment.
• The Court determined that the defendant-appellant did not demonstrate due diligence and failed to presen...(Unlock)

Ratio:

• The Court highlighted two key points:
  • The defendant-appellant lacked due diligence, as he was aware of the summons delivery shortly after it was served. Timely action could have informed him of his default status before the judgment was render...continue reading