Case Digest (G.R. No. 125302)
Facts:
- Lorenza Ortega is the petitioner; the respondents are the Honorable Court of Appeals, Carmen Bascon Tibajia, and Norberto Tibajia, Jr.
- Felipe L. Abel filed a complaint on November 25, 1983, against the Tibajia spouses to recover P250,000.00, along with claims for moral and actual damages, attorney's fees, and costs.
- A writ of preliminary attachment was issued, leading to the attachment of the defendants' properties.
- The defendants did not file an answer, resulting in their default on April 2, 1984, allowing the plaintiff to present evidence ex-parte.
- Felipe Abel died on April 25, 1984; his heirs were substituted as plaintiffs on July 30, 1984.
- On January 24, 1985, the trial court ruled in favor of the heirs, ordering the defendants to pay P250,000.00, plus damages and fees.
- Due to the defendants' absence, the decision was served by publication in "Metropolitan Newsweek" on June 22, 29, and July 6, 1985.
- The heirs assigned their rights to Eden Tan on March 22, 1985; Tan filed a motion for execution, leading to a public auction on December 17, 1985.
- Lorenza Ortega was the highest bidder, purchasing the properties for P448,989.50, with the Sheriff's Certificate of Sale registered on January 6, 1986.
- The defendants contested the bill of costs prepared by Tan, claiming it was inflated; the trial court ordered a detailed bill of costs.
- The trial court found many claimed expenses bloated and ordered a refund to the defendants.
- The defendants redeemed the properties on December 22, 1986, depositing P457,415.65 with the Clerk of Court.
- On January 8, 1993, the trial court approved costs and determined the redemption price, leading to appeals by Tan and Ortega to the Court of Appeals.
- The Court of Appeals dismissed the appeal for lack of locus standi, prompting Ortega to file a petition for review before the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the Court of Appeals' decision, ruling that Lorenza Ortega lacked the legal standing to appeal the trial court...(Unlock)
Ratio:
- The Supreme Court determined that Lorenza Ortega did not have the right to appeal because she had not formally intervened in the case.
- The court emphasized the importance of adhering to procedural rules, noting tha...continue reading
Case Digest (G.R. No. 125302)
Facts:
The case involves Lorenza Ortega as the petitioner and the Honorable Court of Appeals, Carmen Bascon Tibajia, and Norberto Tibajia, Jr. as respondents. The events leading to this case began on November 25, 1983, when Felipe L. Abel filed a complaint against the spouses Carmen Bascon Tibajia and Norberto Tibajia, Jr. to recover P250,000.00, which Carmen had obtained from him, along with claims for moral and actual damages, attorney's fees, and costs. Following the filing of the complaint, a writ of preliminary attachment was issued, leading to the attachment of the defendants' properties. The defendants failed to file an answer, resulting in their default on April 2, 1984, allowing the plaintiff to present evidence ex-parte. Felipe Abel passed away on April 25, 1984, and his heirs were substituted as plaintiffs on July 30, 1984.
On January 24, 1985, the trial court rendered a judgment in favor of the heirs, ordering the defendants to pay the principal sum of P250,000.00, plus moral damages and attorney's fees. Due to the defendants' unavailability, the court allowed service of the decision by publication, which was published in the "Metropolitan Newsweek" on June 22, 29, and July 6, 1985. The heirs assigned their rights to Eden Tan on March 22, 1985. Tan filed a motion for execution, which was granted, leading to the public auction of the defendants' properties on December 17, 1985. Lorenza Ortega emerged as the highest bidder, purchasing the properties for P448,989.50.
On January 6, 1986, the Sheriff's Certificate of Sale ...