Case Digest (G.R. No. 3805)
Facts:
- Albino Sarmiento is the petitioner
- Ignacio Villamor is the judge of the First Instance
- Cornelia Ponteris is the respondent
- The case was decided on March 6, 1909
- Cornelia Ponteris filed a lawsuit against Agaton Argente and Leon Argente to recover a certain sum of money
- Defendants presented a demurrer to the petition, which was overruled by the judge
- Defendants filed an answer to the petition
- The case was set for hearing and later for trial
- Plaintiff failed to appear on the trial date
- Judge dismissed the case in favor of the defendants, ordering the plaintiff to pay the costs
- Judge issued an execution against the plaintiff for the costs
- Personal property belonging to the plaintiff was attached and sold to Albino Sarmiento
- Plaintiff filed a motion to set aside the judgment by default and requested a new trial
- Judge granted the motion, set aside the execution and sale, and ordered the property to be returned to the plaintiff
- Albino Sarmiento refused to comply with the court's order until he was paid for the expenses he had incurred in repairing the property
- Judge made a further order for the return of the property to the plaintiff, reserving Sarmiento's right to recover the amount paid for the property from the defendants
- Sarmiento filed a petition for a writ of certiorari in the Supreme Court
Issue:
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Ruling:
- The judge had no authority to set aside the sale and order the return of the property without due process of law
- The judge's order was declared nul...(Unlock)
Ratio:
- Und...continue reading
Case Digest (G.R. No. 3805)
Facts:
In the case of Sarmiento v. Villamor, Albino Sarmiento filed a petition for a writ of certiorari against Judge Ignacio Villamor and others. The petitioner sought to challenge the judge's decision to set aside the sale of personal property without due process. The events leading up to the case began when Cornelia Ponteris filed a lawsuit against Agaton Argente and Leon Argente to recover a sum of money. The defendants were duly notified and served with a copy of the petition. The defendants appeared in court and presented a demurrer, which was overruled by the judge. The defendants then filed an answer to the petition. The case was set for hearing and later for trial, but the plaintiff failed to appear on the scheduled date. As a result, the judge dismissed the case and rendered a decision in favor of the defendants for the costs. The costs were assessed, and the judge ordered the issuance of an execution against the plaintiff. The plaintiff's personal property was attached and subsequently sold to Albino Sarmiento. However, the plaintiff filed a motion to set aside the judgment by default and requested a new trial. The judge granted the motion, set aside the execution and sale, and ordered the return of the property to the plaintiff. The judge also allowed Sarmiento to recover the amount pai...