Title
Source: Supreme Court
Land Bank of the Philippines vs. La Loma Columbary, Inc.
Case
G.R. No. 230015
Decision Date
Oct 7, 2019
LBP sued LLCI and spouses Zapanta for loan default. Substituted summons was defective but cured by voluntary appearance. Default order upheld; illness defense unproven. Assignment of receivables did not extinguish liability. RTC ruling reinstated.

Case Summary (G.R. No. 167232)

Factual Antecedents

The dispute arises from a Purchase Receivables Agreement (PRA) between LBP and LLCI, where LBP granted credit accommodations up to P95 Million to LLCI for liquidity purposes. This arrangement included the assignment of LLCI's receivables as collateral. Emmanuel and Fe Zapanta, as spouses, executed a Comprehensive Surety Agreement, incurring solidary liability for LLCI’s obligations. LLCI defaulted on the loan leading LBP to file a complaint against both LLCI and the spouses Zapanta.

Proceedings Before the RTC

Initial summons were served on the Zapantas on November 20, 2013, with the return indicating Fe authorized their maid to receive the summons. LBP subsequently moved to declare the Zapantas in default. The RTC granted this motion and subsequently denied the Zapantas' Omnibus Motion to lift the order of default, asserting they failed to demonstrate valid reasons for their failure to respond timely due to illness and lack of awareness.

CA Decision

The Court of Appeals (CA) granted the Zapantas' petition for certiorari, ruling that there was no valid service of summons and that the RTC had gravely abused its discretion in refusing to lift the order of default based on Emmanuel’s illness. The CA indicated that lifting the default was appropriate, emphasizing substantial justice due to the significant financial stake involved and recognizing that the assignment of receivables constituted a legitimate defense.

Issues Raised by LBP

LBP contended that:

  1. The Zapantas were estopped from questioning the summons' service validity.
  2. The CA erred in attributing Emmanuel's illness to excusable negligence justifying the lifting of default.
  3. The CA incorrectly found that the Zapantas had a meritorious defense.

Response by the Zapantas

The spouses asserted LBP's petition was improper since it addressed interlocutory orders and raised factual issues, maintaining that the CA's factual findings were binding and founded on substantial evidence.

Court's Ruling on the Procedural Issues

The Supreme Court found merit in the procedural grounds argued by the Zapantas. It clarified that LBP’s petition was indeed a challenge to interlocutory orders, which are usually not appealable. The CA’s rulings were not merely incidental but resolved core issues regarding the parties' rights.

Validity of Service of Summons

The RTC acknowledged valid service based on substituted service to the household help of the Zapantas. However, the CA ruled this service was inadequate as it did not follow the essential conditions for a valid substituted service, notably the requirement of multiple attempts at personal service and giving a summons to a person of suitable age and discretion.

Lifting of the Order of Default

The CA decided Emmanuel's illness constituted an accident justifying the non-filing of an answer. However,

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