Title
Gomez vs. Montalban
Case
G.R. No. 174414
Decision Date
Mar 14, 2008
A borrower defaulted on a P40,000 loan; RTC ruled for recovery of P238,000. SC upheld RTC jurisdiction, deemed Petition for Relief improper as judgment wasn’t final.

Case Summary (G.R. No. 174414)

Facts of the Case and RTC Proceedings

Petitioner filed a complaint on May 30, 2003, alleging that respondent obtained a loan of P40,000.00 with a 15% interest rate per month. Respondent issued a postdated Capitol Bank check as security, which was dishonored upon demand. Despite receipt of summons, respondent failed to file an answer and was declared in default. Consequently, petitioner presented evidence ex parte, and the RTC rendered a decision on May 4, 2004, awarding petitioner the principal amount, interest, and attorney’s fees.

Petition for Relief from Judgment and Its Dismissal

Respondent filed a Petition for Relief from Judgment on May 28, 2004, alleging lack of effective summons service since the summons was received by an unauthorized person. However, upon failure of respondent’s counsel to appear at scheduled hearings, the RTC dismissed the petition for lack of interest. Respondent filed a motion for reconsideration which was granted on November 18, 2005, reinstating the petition and allowing respondent to present the merits of her position.

RTC’s Order Granting Petition for Relief — Ground of Lack of Jurisdiction

On June 20, 2006, the RTC granted respondent’s Petition for Relief from Judgment and set aside its previous decision on the ground of lack of jurisdiction, holding that the principal amount of P40,000.00 fell within the jurisdiction of the Municipal Trial Court (MTC). The RTC denied petitioner’s motion for reconsideration of this order on August 2, 2006, prompting petitioner’s appeal to the Supreme Court.

Issues Presented to the Supreme Court

Two principal issues were raised: (1) whether the RTC had jurisdiction over the case considering petitioner’s demand of P238,000.00 despite the principal loan amount being P40,000.00; and (2) whether respondent’s Petition for Relief from Judgment was proper during the period for filing a motion for reconsideration and appeal.

Jurisdiction as a Question of Law and Jurisdictional Amount

Jurisdiction is a question of law decided by the allegations in the complaint and the nature of the cause of action. Petitioner’s complaint demanded payment totaling P238,000.00, inclusive of principal, interest for 32 months, attorney’s fees, and damages. Since this amount exceeds the jurisdictional threshold of P100,000.00 for the RTC under Republic Act No. 7691, the RTC had jurisdiction over the case. The actual amount ultimately proven or awarded does not affect jurisdiction.

Jurisdiction Determined by Cause of Action and Allegations in the Complaint

The nature of the cause of action—which arises from breach of a loan agreement including principal and interest—and the relief sought as stated in the complaint establish RTC jurisdiction. Jurisdiction, once properly invoked based on the complaint’s allegations, remains valid despite variations in the amounts subsequently proved or awarded.

Inappropriateness of the Petition for Relief from Judgment

A Petition for Relief under Rule 38 is an equitable remedy available only against final and executory judgments. Respondent’s petition was premature as it was filed before the 15-day period to file a motion for reconsideration or appeal expired, rendering the petition improper. Therefore, the RTC erred in granting relief under Rule 38.

Requirements for Relief from Judgment Under Rule 38

Relief under Rule 38 requires that judgment was obtained through fraud, accident, mistake of fact (not law), or excusable negligence. Respondent alleged non-service of summons as “fraud or mistake,” but the sheriff’s certificate of service showed summons was served to Mrs. Alicia Dela Torre at respondent’s residence, who acknowledged receipt. This establishes prima facie proof of service. Judicial errors or erroneous rulings do not constitute “mistake” under Rule 38 and may only be corrected by appeal.

Negligence Must Be Excusable and Attributable to the Party

Excusable negligence excludes negligence of counsel binding on the client. Respondent failed to act promptly by not utilizing proper remedies available after default and did not disown her counsel’s conduct. Allowing relief based on counsel’s neglect would undermine finality and certainty in judicial proceedings.

Availability of Other Legal Remedies to Respondent

After default, respondent could have filed: (a) a motion to set as

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