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3. Negado vs Makabenta
2
/---!e-library! 6.0 Philippines Copyright © 2000 by Sony Valdez---\ [ "#V2$ %& '()*+,( + + %) +1 petitioner1 s. 34+) ,. (C+51 3 dge o7 8irst 9nstan:e o7 ,eyte1 and 89,( %)( 5. )%'+;(1 respondents. "# + g %n an:'.5. )o. ,-6#"0; % C 9 S 9 ( ) 5%<%S1 3. .,.1 3.= (n Septe>ber $01 "01 8ilo>eno 5. )egado ?led a :o>plaint in the 3 sti:e o7 the Pea:e Co rt o7 Carigara1 ,eyte1 against 'onzalo a@abenta 7or the re:o ery o7 a s > o7 >oney. Aithin the pres:ribed period1 the de7endant 'onzalo a@abenta ?led his ansBer Bith :o nter:lai>. +7ter iss es had been oined1 the :ase Bas set 7or tri on Septe>ber D1 ". +t the trial1 de7endant 7ailed to appearE plaintiF >o ed that the 7or>er be de:lared in de7a lt1 and a::ordingly1 the 3 sti:e o7 the Pea:e Co rt de:lared hi> in de7a lt and ordered the plaintiF to present his e iden:e. 3 dg>ent Bas rendered 7or the plaintiF on )o e>ber 2#1 "1 :opy o7 Bhi:h de7endant a@abenta re:ei ed on ;e:e>ber D1 "1 and it Bas only then that he learned 7or the ?rst ti>e that he Bas de:lared in de7a lt and that dg>ent by de7a lt had been ta@en against hi>. Ahere pon1 de7endant 'onzalo a@abenta appealed to the Co rt o7 8irst 9nstan:e o7 ,eyte GCi il Case )o. #"$H1 Bhere both parties ?led thei respe:ti e pleadings. Ahen the :ase Bas ready 7or trial1 the plaintiF-appellee 8ilo>eno 5. )egado ?led on 3 ly 201 "2 a >otion 7or the dis>issal o7 the appeal on the gro nd that the appellant had been de:lared in de7a lt in the 3 sti:e o7 the Pea:e Co rt and had1 there7ore1 no standing in :o rt. he Co rt o7 8irst 9nstan:e :onsidered the >otion Bell-ta@en and dis>issed the appeal1 holding that a@abenta had no right to appeal nless the order de:laring hi> in de7a lt is ?rst set aside. + >otion 7or the re:onsideration o7 the order o7 dis>issal Bas denied1 and de7endant- appellant 'onzalo a@abenta :a>e to this :o rt Bith a petition 7or :ertiorari1 as@in that a7ter d e hearing1 the order o7 the respondent 3 dge dis>issing his appeal be ann lled1 and the :ase set 7or trial on the >erits. he petition > st be granted. he order o7 de7a lt ta@en against the petitioner 'onzalo a@abenta in the 3 sti:e o7 the Pea:e Co rt o7 Carigara1 ,eyte is :learly illegal and Bitho t eFe:tE 7or altho gh petitioner 7ailed to appear d ring the trial the :ase therein1 he ?led his ansBer to the :o>plaint1 and as Be ha e :onsistently held1 the sole gro nd 7or de7a lt in the in7erior :o rts is 7ail re to appear GVel z 3 sti:e o7 the Pea:e o7 Sariaya1 #2 Phil.1 ""IE J izan s. +rellano1 0 Phil.1 6##1 Carballo s. Kon. ;e>etrio . %n:arna:ion1 et al.1 2 Phil.1 I#H. y ?ling his ansBe in the 3 sti:e o7 the Pea:e Co rt1 petitioner p t in his appearan:e and s b>itted to its risdi:tionE hen:e1 he Bas not1 and sho ld not ha e been de:lared1 in de7a lt. Ahile it Bas dis:retionary 7or the :o rt to pro:eed Bith the trial o7 the :ase in the absen:e o7 petitioner or his :o nsel1 and render dg>ent on the basis o7 the e iden:e presented by the plaintiF1 s :h dg>ent Bas not by de7a lt1 and petitioner :o ld1 nder the laB1 appeal1 as he in 7a:t did appeal1 to the Co rt o7 8i 9nstan:e GCarballo s. Kon. ;e>etrio . %n:arna:ion1 s praH. ConseL ently1 in dis>issing petitionerMs appeal on the gro nd that he had no standing in :o rt nless the order o7 de7a lt is ?rst set aside1 the respondent Co rt :o>>itted a gra e ab se o7 dis:retion a>o nting to la:@ o7 risdi:tion.
description
Partnership & Agency
Transcript of 3. Negado vs Makabenta
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[1954V239E] GONZALO MAKABENTA, petitioner, vs. JUAN L. BOCAR, Judge of First Instance of Leyte, and FILOMENO R. NEGADO, respondents.1954 Aug 11En BancG.R. No. L-6450D E C I S I O N
REYES, J.B.L., J.:
On September 30, 1950, Filomeno R. Negado filed a complaint in the Justice of the Peace Court of Carigara, Leyte, against Gonzalo Makabenta for the recovery of a sum of money. Within the prescribed period, the defendant Gonzalo Makabenta filed his answer with counterclaim. After issues had been joined, the case was set for trial on September 18, 1951. At the trial, defendant failed to appear; plaintiff moved that the former be declared in default, and accordingly, the Justice of the Peace Court declared him in default and ordered the plaintiff to present his evidence. Judgment was rendered for the plaintiff on November 24, 1951, copy of which defendant Makabenta received on December 8, 1951, and it was only then that he learned for the first time that he was declared in default and that judgment by default had been taken against him. Whereupon, defendant Gonzalo Makabenta appealed to the Court of First Instance of Leyte (Civil Case No. 1453), where both parties filed their respective pleadings. When the case was ready for trial, the plaintiff-appellee Filomeno R. Negado filed on July 20, 1952 a motion for the dismissal of the appeal on the ground that the appellant had been declared in default in the Justice of the Peace Court and had, therefore, no standing in court. The Court of First Instance considered the motion well-taken and dismissed the appeal, holding that Makabenta had no right to appeal unless the order declaring him in default is first set aside. A motion for the reconsideration of the order of dismissal was denied, and defendant-appellant Gonzalo Makabenta came to this court with a petition for certiorari, asking that after due hearing, the order of the respondent Judge dismissing his appeal be annulled, and the case set for trial on the merits.
The petition must be granted. The order of default taken against the petitioner Gonzalo Makabenta in the Justice of the Peace Court of Carigara, Leyte is clearly illegal and without effect; for although petitioner failed to appear during the trial of the case therein, he filed his answer to the complaint, and as we have consistently held, the sole ground for default in the inferior courts is failure to appear (Veluz vs. Justice of the Peace of Sariaya, 42 Phil., 557; Quizan vs. Arellano, 90 Phil., 644, Carballo vs. Hon. Demetrio B. Encarnacion, et al., 92 Phil., 974). By filing his answer in the Justice of the Peace Court, petitioner put in his appearance and submitted to its jurisdiction; hence, he was not, and should not have been declared, in default. While it was discretionary for the court to proceed with the trial of the case in the absence of petitioner or his counsel, and render judgment on the basis of the evidence presented by the plaintiff, such judgment was not by default, and petitioner could, under the law, appeal, as he in fact did appeal, to the Court of First Instance (Carballo vs. Hon. Demetrio B. Encarnacion, supra). Consequently, in dismissing petitioner's appeal on the ground that he had no standing in court unless the order of default is first set aside, the respondent Court committed a grave abuse of discretion amounting to lack of jurisdiction.
This petition for certiorari to annul the order of dismissal of the appeal is in the nature of a petition for mandamus to order the Court of First Instance to proceed with the hearing of the case, and it is not barred by the fact that the order complained of was appealable (Quizan vs. Arellano, Supra).
Wherefore, the petition for certiorari is granted, the order of the court a quo dismissing petitioner's appeal is annulled, and the respondent judge is hereby directed to reinstate said appeal and proceed with the trial of the case on the merits. Costs to be taxed against the respondent Filomeno R. Negado.
Paras, C.J., Pablo, Bengzon, Padilla, Montemayor, Reyes, A., Jugo, Bautista Angelo, Labrador and Concepcion, JJ., concur.
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([1954V239E] GONZALO MAKABENTA, petitioner, vs. JUAN L. BOCAR, Judge of First Instance of Leyte, and FILOMENO R. NEGADO, respondents., G.R. No. L-6450, 1954 Aug 11, En Banc)
