Case Summary (G.R. No. 126881)
Facts and Case Development
The NPC initiated legal proceedings on February 8, 1995, with the RTC of Lingayen ordering the service of summons on Lim through her tenant on February 20, 1995. Following this, NPC was granted a writ of possession on March 1, 1995, after depositing the provisional value of the property. Subsequently, on April 24, 1995, Lim, represented by her husband, Delfin, filed an omnibus motion to dismiss the case and suspend the writ of possession, challenging the RTC's jurisdiction and the nature of the action. The RTC denied her motions.
On December 6, 1996, the respondents Arcinue filed a motion to intervene, claiming ownership of Lot 2374. The court allowed their intervention and required both NPC and Lim to respond, which neither did by the given deadline of 10 days. As a result, the Arcinue spouses moved for judgment by default on December 7, 1998, citing the original parties' failure to file answers.
Legal Proceedings and Default Order
In response, Lim attempted to have the motion for judgment by default expunged, arguing that it lacked a necessary explanation for using registered mail instead of personal service. However, at the hearing, Lim's counsel failed to appear. The RTC subsequently entered a default order against both Lim and NPC, asserting that despite the procedural oversight, Lim's counsel had received formal notice of the motion well before the hearing date.
Lim's motion for reconsideration against the default order was denied, prompting her to petition the Court of Appeals (CA), where the default ruling was affirmed on March 23, 2007. After further proceedings, the CA's denial of her reconsideration led to her filing for review before the Supreme Court.
Issue Presented
The central issue was whether the CA committed grave abuse of discretion in upholding the RTC's default order against Lim for failing to respond to the complaint-in-intervention.
Court's Ruling
The Supreme Court referenced Section 4, Rule 19 of the 1997 Rules of Civil Procedure, asserting that an answer to a complaint-in-intervention is now mandatory. Consequently, Lim's failure to answer renders her subject to default. The RTC had exercised discretion favorably towards Lim, allowing a hearing for her motion to lift the default, but she did not demonstrate that her inaction resulted from circumstances such as fraud or mistake and failed t
...continue readingCase Syllabus (G.R. No. 126881)
Case Overview
- This case revolves around the expropriation proceedings initiated by the National Power Corporation (NPC) against Natividad B. Lim concerning two lots needed for a power project.
- The case highlights procedural issues related to service of motions and the resulting orders of default.
Facts of the Case
- On February 8, 1995, NPC filed an expropriation suit against Lim in the Regional Trial Court (RTC) of Lingayen, Pangasinan, for Lots 2373 and 2374.
- Lim, residing in the United States, was served summons through her tenant, Wilfredo Tabongbong, on February 20, 1995.
- The RTC, upon notice to Lim and after the deposit of the property’s provisional value, ordered the issuance of a writ of possession in favor of NPC on March 1, 1995.
- Lim, represented by her husband Delfin, filed an omnibus motion on April 24, 1995, to dismiss the action and suspend the writ of possession, questioning RTC's jurisdiction and the complaint's sufficiency.
- The RTC denied Lim's motions, which led to further developments in the case.
Intervention by Third Parties
- On December 6, 1996, spouses Roberto and Arabela Arcinue filed a motion to intervene, claiming ownership and possession of Lot 2374.
- The RTC granted the Arcinue's motion on January 7, 1997, requiring NPC and Lim to respond within ten days.
- After a delay of ten months without responses, the Arcinue's filed for judgment by default on December