Case Digest (G.R. No. 182814)
Facts:
- Petitioners Ligaya Mendoza and Adelia Mendoza filed a case against the Honorable Court of Appeals (Eighth Division), Judge Liberato C. Cortez, and Bangko Kabayan (formerly Ibaan Rural Bank, Inc.).
- On September 4, 1997, the petitioners obtained a loan of P12,000,000.00 from Bangko Kabayan, secured by a Promissory Note.
- They executed a Deed of Real Estate Mortgage over 71 parcels of land registered in their names in Mabini, Batangas.
- The petitioners defaulted on the loan, leading the bank to file a Complaint for Judicial Foreclosure on May 21, 1998, in the Regional Trial Court (RTC) of Batangas City.
- The RTC issued a Judgment on the Pleadings on March 7, 2002, ordering the petitioners to pay the bank within 90 days or face public auction of their properties.
- The petitioners did not appeal or file a motion for reconsideration within the required timeframe.
- The bank subsequently filed a Motion for Execution, which the petitioners opposed, claiming lack of proper service of the RTC decision.
- The RTC denied their opposition on May 28, 2003, citing negligence on the part of the petitioners' counsel.
- The Court of Appeals affirmed the RTC's order on November 29, 2007, and denied a Motion for Reconsideration on April 28, 2008.
- The petitioners then filed a Petition for Certiorari against the appellate court's decision.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the petition, affirming the decision and resolution of the Court of Appeals.
- The Court ruled that there was valid service of the RTC judgment to the petitioners, and the negligence of their counsel was binding on them.
- The Court found n...(Unlock)
Ratio:
- The Supreme Court emphasized that all notices and orders must be served to the attorney of record when a party is represented by counsel.
- The judgment was duly delivered to the address of the petitioners' counsel, as confirmed by the Postmaster General's certification...continue reading
Case Digest (G.R. No. 182814)
Facts:
The case involves petitioners Ligaya Mendoza and Adelia Mendoza against the Honorable Court of Appeals (Eighth Division), Judge Liberato C. Cortez, and Bangko Kabayan (formerly Ibaan Rural Bank, Inc.). The events leading to this case began on September 4, 1997, when the petitioners secured a loan of P12,000,000.00 from Bangko Kabayan, evidenced by a Promissory Note. To secure this loan, they executed a Deed of Real Estate Mortgage over 71 parcels of land registered in their names, located in Mabini, Batangas. However, the petitioners defaulted on their loan, prompting the bank to file a Complaint for Judicial Foreclosure on May 21, 1998, before the Regional Trial Court (RTC) of Batangas City. The RTC rendered a Judgment on the Pleadings on March 7, 2002, ordering the petitioners to pay the bank the principal amount, interest, and attorney's fees within 90 days, failing which the properties would be sold at public auction. The petitioners did not appeal or file a motion for reconsideration within the prescribed period. Subsequently, the bank filed a Motion for Execution, which the petitioners opposed, claiming they were not duly served with a copy of the RTC decision. The RTC denied their opposition on May 28, 2003, stating that the petitioners' counsel was negligent in handling her mail. The RTC's order was affirmed by the Court of Appeals on November 29, 2007, and a Motion for Reconsideration was denied on April 28, 2008. The petitioners then filed a Petition for Certiorari, challenging the appellate court's decision.