Title
Rodriguez vs. Government of the United States of America
Case
G.R. No. 251830
Decision Date
Jun 28, 2021
A petitioner challenged her default declaration in extradition proceedings, alleging due process violations. The Supreme Court ruled the default order void, nullifying subsequent proceedings and remanding the case for proper adjudication on its merits.
trial court
declaration of default
petition for extradition
A

Case Summary (G.R. No. 224521)

Factual Background

The respondent filed a petition for extradition in 2001 against spouses Eduardo Tolentino Rodriguez and petitioner for multiple offenses allegedly committed in Los Angeles County between November 4, 1984 and September 18, 1985, including fraud, grand theft, attempted grand theft and, as to petitioner, bribery. The petition alleged that false death reports and fraudulent insurance claims were made involving Gloria Gener and that petitioner offered a bribe during her arrest. Eduardo voluntarily traveled to the United States on June 4, 2003 and his extradition case was closed; petitioner elected to remain in the Philippines.

Trial Court Proceedings Prior to Default

Spouses Rodriguez never filed an answer to the extradition petition. From 2001 to 2013 petitioner filed various motions addressing procedural matters, bail and motions to inhibit judges. The RTC repeatedly ordered petitioner to answer, issuing an order dated June 2, 2009 giving fifteen days to file an answer. Respondent moved to declare petitioner in default on August 13, 2013. On January 5, 2015 the RTC denied that motion but again afforded petitioner fifteen days to file an answer. Petitioner still did not file an answer and continued to file interlocutory motions.

Events Leading to the June 15, 2017 Hearing

The RTC set a reception of evidence for November 18, 2016, but respondent’s counsel was unprepared and the RTC dismissed the petition that day. On April 25, 2017 the RTC granted respondent’s motion for reconsideration and reinstated Civil Case No. 01-190375, scheduling reception of respondent’s evidence on June 15, 2017, with an alternative date of June 29, 2017 in case of unavailability of counsel. Petitioner filed a motion for reconsideration of the reinstatement order and other motions on June 13, 2017, and a counsel appeared specially for a motion to inhibit on June 15, 2017; petitioner’s main counsel had earlier manifested unavailability for that date.

June 15, 2017 Hearing and Declaration of Default

At the June 15, 2017 hearing the RTC directed respondent’s counsel to mark their exhibits and stated that prior orders directing reception of evidence despite petitioner’s non-filing of a responsive pleading amounted, in the court’s mind, to a declaration of default. Respondent’s counsel orally prayed that petitioner be declared in default. Petitioner’s special-appearance counsel did not object to the trial court’s characterization. The RTC thereafter allowed respondent to proceed to present evidence but respondent’s counsel was initially found unprepared and the petition was dismissed on that date; that dismissal was later set aside and the case reinstated.

RTC Orders Declaring Default and Denying Relief

The RTC issued orders and resolutions in June, July and November 2017 culminating in an order concluding that petitioner had been declared in default and that her pending motions would not be given course. On August 8, 2017 petitioner filed a verified Motion to Set Aside the Order of Default. The RTC denied that motion in a Resolution dated November 22, 2017, reasoning that an oral motion in open court was not prohibited and that respondent had earlier filed a written motion to declare petitioner in default in August 2013. Petitioner filed a Motion for Reconsideration with an Answer ad cautelam on December 19, 2017; the RTC denied reconsideration in a Resolution dated March 14, 2018.

Ex Parte Reception of Evidence and RTC Decision on Extradition

After the RTC denied petitioner’s motion to set aside the order of default, respondent presented its evidence ex parte. Respondent filed its Formal Offer of Exhibits on March 26, 2018, which the RTC admitted. Thereafter, the RTC rendered a Decision dated April 19, 2018 granting the petition for extradition and ordering petitioner’s deportation to the United States.

Appeals and Proceedings in the Court of Appeals

Petitioner appealed the RTC Decision to the Court of Appeals and simultaneously filed a petition for certiorari assailing the RTC orders that declared her in default and denied her motions. The CA consolidated the certiorari petition and the appeal. On September 13, 2019 the CA dismissed the certiorari petition as moot and academic in light of the pending appeal, citing Villamar-Sandoval v. Cailipan, and affirmed the RTC Decision granting extradition. The CA reasoned that the executive prerequisites for filing an extradition petition were satisfied and that the documentary and testimonial submissions established the six elements required of an extradition court. The CA denied petitioner’s motion for reconsideration by Resolution dated February 20, 2020.

Issues Presented to the Supreme Court

The Supreme Court identified primarily three issues: whether the CA erred in disregarding the challenge to the RTC’s declaration of default; whether the RTC wrongfully declared petitioner in default; and whether the CA erred in affirming the RTC’s extradition order. The Court resolved the first two issues and expressly refrained from resolving the merits of the extradition on account of the disposition reached.

Jurisprudential and Rule Framework Applied

The Court grounded its analysis on Section 3, Rule 9 of the 1997 Rules of Court regarding declaration of default, the doctrine that due process requires notice and opportunity to be heard, and pertinent authorities including Otero v. Tan, Lina v. CA, Villamar-Sandoval v. Cailipan, and Government of Hongkong Special Administrative Region v. Munoz. The Court reiterated that a proper declaration of default requires three conditions: a filed motion by the claiming party, notice to the defending party of that motion, and proof of failure to answer within the prescribed period.

Court’s Conclusion on Mootness and Duty of the Appellate Court

The Court held that the certiorari petition challenging the validity of the RTC’s default orders had not become moot by the subsequent RTC Decision on extradition or by the filing of an appeal. The Court explained that because the certiorari petition and the appeal were consolidated, the CA should have addressed the validity of the default order as part of the consolidated adjudication. The Court relied on the guidance in Cailipan that the division handling the appeal of the main case must consider jurisdictional irregularities and default-related issues consolidated with an appeal to avoid procedural impasse.

Court’s Ruling on the Validity of the Default Order

The Supreme Court found that the RTC erred in declaring petitioner in default. The Court emphasized that the rules require a written motion and notice to the defending party and that the trial court may not motu proprio declare default or accept an oral motion made without prior notice. The Court observed that the only written motion previously filed by respondent to declare default was denied by the RTC on January 5, 2015, and that respondent’s oral request during the June 15, 2017 hearing did not satisfy the Rule’s filing and notice requirements. The Court further noted the special-appearance status of counsel present for petitioner on June 15, 2017 and the main counsel’s prior manifest unavailability; the RTC’s proceeding on that date thus violated its own alternative scheduling and deprived petitioner of a meaningful opportunity to oppose

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