Title
Tan vs. Dumarpa
Case
G.R. No. 138777
Decision Date
Sep 22, 2004
Petitioner challenged a default judgment in a civil damages case, alleging lack of notice and privileged communication; Supreme Court ruled in her favor, emphasizing due process and substantial justice.

Case Summary (G.R. No. 138777)

Applicable Law

The legal framework relevant to this case includes the 1987 Philippine Constitution, the Rules of Court, particularly Rule 9 on default judgments, and Republic Act No. 3019, known as the Anti-Graft and Corrupt Practices Act.

Background of the Case

On May 30, 1995, a criminal complaint was filed against Salic B. Dumarpa for malversation of public funds, stemming from allegations related to catering services provided by Joy G. Tan. Subsequently, Dumarpa filed a libel complaint against Tan following the publication of her affidavit, which led to a civil case for damages against her. Tan responded by filing a motion to dismiss the civil complaint, asserting that her affidavit was absolutely privileged.

Judgment by Default

During the course of the civil proceedings, the trial court declared Tan in default due to her failure to appear at the pre-trial conference, which she contested, citing inadequate notice. The court subsequently rendered a judgment by default in favor of Dumarpa, awarding him substantial damages.

Motion for Reconsideration and Court's Denial

Tan filed a motion for reconsideration against the judgment by default, arguing that her counsel did not receive proper notice of the pre-trial. However, the trial court denied this motion on procedural grounds, stating that it was pro forma and failed to specify any erroneous findings.

Petition for Review on Certiorari

Tan then elevated the matter to the Supreme Court through a petition for review on certiorari, questioning the propriety of the civil suit filed by Dumarpa prior to the resolution of the libel complaint and the applicability of the privileged communication doctrine to her affidavit.

Supreme Court's Decision

The Supreme Court ultimately allowed Tan's petition, identifying grave abuse of discretion on the part of the trial court. The Court emphasized the principle that cases should be re

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