Title
Busuego vs. Court of Appeals
Case
G.R. No. L-48955
Decision Date
Jun 30, 1987
Busuego sued Lazaro et al. for land possession; summons improperly served, but voluntary appearance via motions established jurisdiction, upheld by SC.
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Timeline (G.R. No. L-48955)

  1. FILING OF COMPLAINT
    On January 20, 1974, Bernardo Busuego filed a complaint in the Pasig Court of First Instance against Jose Lazaro, Romeo Lazaro, Ernesto Lazaro, and Vivencio Lopez to recover possession of a parcel of land and a three-unit apartment house.

  2. ISSUANCE OF SUMMONS
    Summons was issued to the four defendants, which was personally served to Dr. Ernesto Lazaro at the address provided in the complaint.

  3. FIRST MOTION FOR EXTENSION
    On February 13, 1974, the defendants, through Atty. Gerardo B. Roldan Jr., filed a motion for a 15-day extension to file an answer, citing the need for time to study the case.

  4. GRANT OF FIRST EXTENSION
    The lower court granted the first extension on March 6, 1974.

  5. SECOND MOTION FOR EXTENSION
    On February 28, 1974, the defendants requested an additional 10-day extension to file an answer, stating they had not yet conferred with all defendants.

  6. GRANT OF SECOND EXTENSION
    The court granted the second extension on March 14, 1974.

  7. DEFAULT DECLARATION
    On May 20, 1974, the court declared the defendants in default due to their failure to file an answer despite the granted extensions.

  8. HEARING OF PLAINTIFF'S CASE
    The trial court heard the plaintiff's case and received evidence, leading to a decision on August 26, 1974, in favor of the plaintiff.

  9. EX PARTE MOTION FOR EXECUTION
    On July 12, 1976, the plaintiff filed an ex parte motion for execution of the default judgment, which was granted on August 16, 1976.

  10. MOTION TO HOLD EXECUTION IN ABEYANCE
    On September 3, 1976, Romeo Lazaro filed a motion to hold the ...continue reading


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