Case Digest (G.R. No. 169131-32)
Facts:
Lullete S. Ko and Arlette Simpliciano Basilio v. Philippine National Bank, Laoag Branch, and the Register of Deeds of Ilocos Norte, G.R. Nos. 169131-32, January 20, 2006, the Supreme Court First Division, Ynares-Santiago, J., writing for the Court.Petitioners filed in the Regional Trial Court (RTC) of Laoag City, Branch 14, Civil Case No. 12523-14 a complaint for Annulment of Mortgage, Extra-judicial Foreclosure Sale, Annulment of Transfer Certificate of Title Nos. T-21064 and T-21065 and Deed of Sale, with a prayer for preliminary injunction and restraining order, alleging that the mortgage and the foreclosure were void for lack of written consent of petitioners as beneficiaries. Philippine National Bank (PNB) denied the allegations and maintained that petitioners had given consent.
During trial proceedings petitioners and their counsel repeatedly failed to appear at scheduled hearings. On motion of respondent bank, the RTC dismissed the complaint for failure to prosecute in an Order dated April 27, 2005. Petitioners filed a motion for reconsideration asserting ongoing negotiations to repurchase the property and contending counsel’s scheduling conflicts; the RTC denied the motion in a Resolution dated July 28, 2005.
Instead of filing an ordinary appeal, petitioners brought a petition for review on certiorari under Rule 45 to the Supreme Court assaili...(Subscriber-Only)
Issues:
- Was the remedy pursued by petitioners proper — i.e., was a petition under Rule 45 the correct mode of review of the RTC’s dismissal for failure to prosecute, or should petitioners have taken an ordinary appeal to the Court of Appeals?
- Did the trial court err in dismissing petitioners’ complaint for failure to prosecute and in so doing deprive petitioners of due process or of relief in the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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