Spouses Magtoto vs Court of Appeals
GR No. 175792 November 21, 2012
Facts: Private respondent Leonila sold her 3 parcels of land located in Pampanga to herein petitioners as evidenced by a deed of absolute sale which was paid by the latter partially in cash and the balance by postdated checks. Upon its due and presentment, said checks were dishonored by the bank which prompted Leonila to send demands to make good the same. However, no action was taken on the part of spouses Magtoto compelling private respondent to file a complaint before the Regional Trial Court. After receiving summons, petitioners failed to file their answer causing a court’s judgement by default.
Issue: Whether or not the default judgement is valid.
Held: Yes. The spouses Magtoto are unable to show that their failure to timely file an Answer was due to fraud, accident, mistake or excusable negligence and, more importantly, that they have a meritorious defense pursuant to Section 3(b), Rule 9 of the Rules of Court, viz:
(b) Relief from order of default. – A party declared in default may at any time after notice thereof and before judgment file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud, accident, mistake or excusable negligence and that he has a meritorious defense. In such case, the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice.
Negligence to be excusable must be one which ordinary diligence and prudence could not have guarded against. Certainly, this is not the kind of negligence committed by the spouses Magtoto in this case. More significantly, a review of the records does not convince the court that the Spouses Magtoto have a meritorious defense. At most, the allegations in their answer and the attached affidavit of merit. To wit: that the agreed purchase price is only P10,000,000 that they provided financial support to Leonila for the settlement of the estate of the latter – the latter’s predecessor-in-interest and for the transfer of title in her name and that they already paid the total amount of P4,500,000 are mere allegations not supported by evidence they, at the outset supposed to present.
We agree with the CA that the RTC correctly declared the spouses Magtoto in default. The records show that after receipt of the summons, the spouses Magtoto thrice requested for extensions of time to file their Answer. The RTC granted these requests. For their final request for extension, the RTC gave the spouses Magtoto until August 2, 2003 within which to file their Answer. But still, no Answer was filed. Instead, on August 4, 2003, or two days after the deadline for filing their Answer, the spouses Magtoto filed a Motion to Dismiss the Complaint. Despite its belated filing, the RTC acted on the motion and resolved the same, albeit not in favor of the said spouses. Thereafter, Atty. Canlas, petitioners’ former counsel, filed a motion to withdraw his appearance since he could no longer effectively defend spouses Magtoto because he had lost communication with them.
At the outset, it must be pointed out that petitioners’ resort to a Petition for Certiorari under Rule 65 of the Rules of Court is inappropriate. Petitioners’ remedy from the adverse Decision of the CA lies in Rule 45 which is a Petition for Review on Certiorari. As such, this petition should have been dismissed outright for being a wrong mode of appeal. Even if the petition is to be treated as filed under Rule 45, the same must still be denied for late filing and there being no reversible error on the part of the CA. Records show that petitioners received a copy of the CA Resolution denying their Motion for Reconsideration on October 30, 2006. They therefore had 15 days or until November 14, 2006 within which to file their Petition for Review on Certiorari before this Court. However, they filed their Petition for Certiorari on December 29, 2006, after the period to file a Petition for Review on Certiorari under Rule 45 had expired. Hence, this Petition for Certiorari under Rule 65 was resorted to as a substitute for a lost appeal which is not allowed.