Case Digest (G.R. No. 205249)
Facts:
In Spouses Benedict and Sandra Manuel vs. Ramon Ong, G.R. No. 205249, decided October 15, 2014, respondent Ramon Ong filed on December 21, 2009 a complaint for accion reivindicatoria against petitioners Spouses Benedict and Sandra Manuel in the Regional Trial Court (RTC) of La Trinidad, Benguet (Civil Case No. 09-CV-2582). Summons was issued on February 3, 2010 and personal service was attempted twice: first on February 12, 2010, postponed at the Manuels’ request due to a medical emergency, and again on March 16, 2010, when Sheriff Joselito Sales tendered the summons and copy of the complaint to petitioner Sandra Manuel after she refused to sign. The Manuels failed to file an answer within fifteen days from March 16, 2010, prompting Ong’s motion to declare them in default. On June 28, 2010, the RTC granted the motion and allowed ex parte presentation of evidence. On September 13, 2010, the Manuels moved to lift the order of default, claiming mistaken identity and defective serviCase Digest (G.R. No. 205249)
Facts:
- Initiation of Civil Case No. 09-CV-2582
- On December 21, 2009, respondent Ramon Ong filed a complaint for accion reivindicatoria against petitioners Benedict and Sandra Manuel before the Regional Trial Court (RTC), La Trinidad, Benguet.
- An amended complaint was filed on January 19, 2010, and summons issued on February 3, 2010.
- Attempts at Service and Declaration of Default
- Sheriff’s return shows two personal-service attempts:
- February 12, 2010 – service deferred at Sandra Manuel’s request due to her mother’s illness.
- March 16, 2010 – sheriff tendered summons and complaint to Sandra Manuel, who refused to sign or receive them; she was advised to file an answer within 15 days.
- Petitioners did not file an answer within the prescribed period. On June 28, 2010, the RTC granted Ong’s motion declaring the Spouses Manuel in default and allowed ex parte presentation of evidence.
- Motions to Lift Default and Subsequent Proceedings
- On September 13, 2010, the Spouses Manuel filed a motion to lift the default order, alleging improper service (wrong address) and attaching their belated answer; no affidavit or oath accompanied the motion.
- The RTC denied the motion on November 30, 2010 (lack of verification and absence of fraud, accident, mistake, or excusable negligence), and denied reconsideration on February 16, 2011.
- The Spouses Manuel filed a Rule 65 petition before the Court of Appeals (CA); on June 28, 2012, the CA dismissed it for lack of merit and on December 19, 2012 denied their motion for reconsideration.
- They then filed a petition for review on certiorari under Rule 45 before the Supreme Court.
Issues:
- Whether jurisdiction over the persons of the Spouses Manuel was validly acquired by the RTC.
- Whether the Spouses Manuel are entitled to relief from the RTC’s June 28, 2010 order of default.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)