Case Summary (G.R. No. L-18569)

Case Overview

This case involves an appeal by the defendant, Petronilo Jacinto, from an order of default issued by the Court of First Instance of Isabela in favor of the plaintiffs, Placido Antonio and others. The key issue is whether the lower court erred in denying the defendant's motion for relief from a default judgment.

Background Facts

• On March 28, 1958, plaintiffs filed a suit against the defendant for recovery of possession of land owned by the deceased spouses Mariano Antonio and Micaela Cudiamat.
• The plaintiffs, as heirs, claimed the defendant unlawfully possessed approximately 2.5 hectares of their land.
• The defendant received the summons and complaint on April 12, 1958.
• An attorney filed a motion for extension to answer on April 26, 1958, citing the need for more time.
• The motion was not acted upon due to the regular judge's absence and delays caused by mail transportation issues.

Motion for Relief from Default

• The court eventually declared the defendant in default due to the lack of a timely answer.
• The defendant's subsequent motion for relief was denied for lack of verification and an affidavit of merit.
• The court rendered judgment against the defendant on July 16, 1958, ordering him to vacate the premises and pay damages.

Legal Principles Addressed

• Default Judgments: A party declared in default cannot appeal unless they file a motion to set aside the default based on specific grounds (fraud, accident, error, or excusable neglect).
• Revised Rules of Court: Under Rule 41, Section 2, a party in default may appeal from a judgment rendered against them, even without a petition to set aside the order of default.

Key Definitions

• Default: A legal status resulting from a party's failure to respond or appear in court.
• Affidavit of Merit: A sworn statement affirming that there is a valid legal basis for the motion being presented.

Requirements and Procedures

• A motion for extension must be filed before the deadline for answering the complaint.
• A motion for relief from judgment must include proper verification and supporting affidavits.
• If a party is declared in default, they must conform to the procedural requirements to seek relief.

Timeframes and Deadlines

• The last day for the defendant to file an answer was April 27, 1958.
• The motion for relief was filed on July 28, 1958, after the judgment had been rendered.

Consequences and Liabilities

• The defendant faced a judgment ordering him to vacate the land and pay damages.
• Th...continue reading

Case Syllabus (G.R. No. L-18569)

Case Background

• The case concerns an appeal by the defendant, Petronilo Jacinto, from an order of the Court of First Instance of Isabela.
• The appeal arose from the court's denial of Jacinto's motion for relief from a default order and judgment.
• The original case was initiated on March 28, 1958, by the plaintiffs, who are the children and grandchildren of deceased spouses Mariano Antonio and Micaela Cudiamat, for the recovery of possession of a 2-1/2 hectare portion of land.
• The plaintiffs alleged that the defendant unlawfully took possession of the land and sought to be restored to possession along with damages.

Procedural History

• Summons was served to the defendant, who received it on April 12, 1958.
• On April 26, 1958, Attorney S. P. Tabangay filed a motion for an extension to answer the complaint, claiming he required more time due to his recent engagement by the defendant.
• The motion incorrectly requested a deadline of April 28, while the actual deadline was April 27.
• The case was assigned to Branch II, but the presiding judge was on leave, leading to Judge Manuel Arranz of Branch I handling the matter temporarily.

Key Events Leading to Default

• The defendant's motion for extension and the case records were mailed to Judge Arranz on April 30, 1958.
• Due to a postal strike, t...continue reading