Case Summary (G.R. No. 187720)

Case Overview

This document summarizes the legal proceedings in G.R. No. 187720, where Trinidad Alicer, representing the heirs of Arturo Alicer, contested the decisions made by the Court of Appeals regarding a default order from the Regional Trial Court in a case for reconveyance of title and damages.

Background of the Case

• Parties Involved:
  • Petitioners: Trinidad Alicer and Administrator of the Intestate Estate of Heirs of Arturo Alicer
  • Respondents: Alberto Compas, Winefreda and Amando Pineda, Rural Bank of Carigara, Inc., and Edgar Selda
• Nature of the Case: The petition arises from Civil Case No. 97-11-203 for reconveyance of title and damages filed by Alberto Compas.

Procedural History

• Timeline of Events:
  • The trial court scheduled pre-trial conferences, which faced multiple postponements due to motions from both parties.
  • On July 25, 2003, the trial court declared petitioners in default as they did not attend the pre-trial.
  • Subsequent motions by petitioners to lift the default order were denied for lacking proper form and merit.

Court of Appeals Ruling

• The Court of Appeals dismissed the petition for certiorari, affirming the trial court's default order.
• The court emphasized the petitioners' failure to notify about their change of address and the implications of such negligence.

Legal Principles

Default Order

• Definition: A default order occurs when a party fails to appear at a scheduled court proceeding.
• Legal Basis: Under Section 5, Rule 18 of the Rules of Civil Procedure, failure to appear allows the plaintiff to present evidence ex parte.

Notice Requirements

• Key Definitions:
  • Notice: Legal communication regarding court proceedings.
  • Counsel of Record: The attorney who represents a party in a case.
• Requirements:
  • Notices must be served to the counsel of record at the address on file.
  • If a party is represented by multiple counsels, notice to any one counsel is deemed sufficient for all.

Negligence of Counsel

• Consequences: The actions or omissions of counsel are binding on the clients.
• Important Points:
  • Counsel must keep the court informed of any changes in their address.
  • Failure to do so can lead to significant legal repercussions, including default orders.

Key Takeaways

• The Court of Appeals upheld the trial court's decision that the petitioners were properly declared in default due to their failure to attend the pre-trial conference.
• The ruling highlights ...continue reading

Case Syllabus (G.R. No. 187720)

The Case

• This case is a petition for review filed by Trinidad Alicer and the Administrator of the Intestate Estate of Heirs of Arturo Alicer against several respondents, including Alberto Compas, Winefreda Pineda, Amando Pineda, and the Rural Bank of Carigara, Inc.
• The petition seeks to assail the Decision dated May 29, 2007, and the Resolution dated April 17, 2009, of the Court of Appeals in CA-G.R. CEBU-SP No. 00920.
• The Court of Appeals upheld the default order issued by the Regional Trial Court (RTC), Branch 9, Tacloban City, on July 25, 2003, in Civil Case No. 97-11-203, concerning the reconveyance of title with damages.

The Facts

• The case originated from a complaint filed by Alberto Compas against the Pinedas, Trinidad Alicer, the heirs of Arturo Alicer, Edgar Selda, and the Rural Bank of Carigara, which was registered as Civil Case No. 97-11-203.
• Initial proceedings involved setting a pre-trial conference, initially scheduled for February 20, 2003, which was rescheduled multiple times due to motions for postponement from both the plaintiff and defendants.
• On July 25, 2003, during the pre-trial conference, the defendants Trinidad Alicer and the heirs of Arturo Alicer, along with their counsel, failed to appear, leading to the trial court declaring them in default.
• Subsequent...continue reading