Case Summary (G.R. No. L-28421)
Background of the Case
On January 7, 1959, J.M. Tuason & Co., Inc. filed a complaint against Llantero, alleging unlawful occupation of their property. The petitioner countered that he purchased the land from Felicidad Campos, whose title traces back to Telesforo Deudor. The trial court ruled in favor of the corporation, ordering Llantero to remove his house and surrender possession of the land. This judgment was affirmed by the Court of Appeals.
Procedural History
After receiving a copy of the appellate decision on May 30, 1967, Llantero filed a Motion for Reconsideration on June 14, 1967, but mistakenly cited the wrong docket number. Due to this error, the motion was not processed in the correct case, leading to an entry of judgment that became final. The Court of Appeals denied Llantero's subsequent motion to set aside this entry on November 11, 1967.
Legal Issues Raised
Llantero contended that his Motion for Reconsideration was timely and valid because the date of mailing should be considered the date of filing. He argued that the Court of Appeals erred in declaring the judgment final and in denying his request to set aside the entry of judgment.
Position of the Respondents
J.M. Tuason & Co., Inc. asserted that Llantero's counsel was at fault for the erroneous docket number, which rendered the reconsideration motion ineffective. They argued that the motion was merely a delay tactic and that the Court of Appeals acted appropriately by remanding the case to the lower court for execution of the judgment, given that there were no grounds to set aside the entry of judgment.
Court's Analysis
The court upheld the decision of the Court of Appeals, stating that while the date of mailing is typically considered as the date of filing, the erroneous docket number meant that the motion was legally nonex
...continue readingCase Syllabus (G.R. No. L-28421)
Case Background
- The case involves a Petition for Certiorari filed by Moises Llantero, represented by his son, Tranquilino Llantero, against the Court of Appeals and J.M. Tuason & Co., Inc.
- The Petition seeks to annul the Court of Appeals' Resolution dated November 11, 1967, which denied the petitioner’s Motion to Set Aside Entry of Judgment in CA-G.R. No. 27311-R.
- J.M. Tuason & Co., Inc. is a domestic corporation established under Philippine law and the registered owner of a parcel of land known as the Sta. Mesa Heights Subdivision in Quezon City, covered by Transfer Certificate of Title No. 1267 (37686-Rizal).
- The title to the land was registered under the Torrens system on July 8, 1914.
Proceedings Initiated by the Corporation
- On January 7, 1959, J.M. Tuason & Co., Inc. filed an action for recovery of possession against Moises Llantero in the Court of First Instance of Rizal, referred to as Civil Case No. Q-3697.
- The Corporation claimed that Llantero unlawfully entered and occupied a 200-square-meter portion of their land on March 23, 1957, constructing a house without consent.
Petitioner’s Defense
- In his Answer, Llantero contended that he purchased the land from Felicidad Campos on October 29, 1956, and traced the title back to Telesforo Deudor, the first known owner.
- The trial court ruled against Llantero on June 21, 1959, ordering him to vacate the property, surrender possession to the Corporation, pay a monthly rent of P20.00 from Ap