FACTS:

In 1969, Juana Patriarca Peña initiated a legal action against Jose Agravante and Juan Agravante to quiet title with damages. However, prior to the pre-trial of the case, a fire occurred in the Camarines Sur capitol building, destroying the court records including those of the case. The records were subsequently reconstituted, and the pre-trial was rescheduled for January 25, 1978. The defendants' counsel attempted to cancel this setting but was denied by the presiding judge. Another motion to cancel the pre-trial was filed citing the counsel's illness, but it was likewise denied. Due to the defendants' and their counsel's failure to appear at the scheduled pre-trial on February 27, 1978, the court declared them in default and allowed the plaintiff to present her evidence ex parte. Subsequently, Juana Patriarca Peña passed away on March 4, 1978, and her heirs requested to be substituted in the case, which was granted. The defendants filed a motion for reconsideration, which was denied, prompting them to file a petition for certiorari on the grounds that they were denied their day in court.

ISSUES:

1. Whether the defendants were denied their day in court.

2. Whether the pre-trial setting was void due to lack of personal notice to the defendants.

3. Whether the court failed to acquire jurisdiction over the deceased plaintiff's person.

4. Whether the defendants had an opportunity to object to the motion for substitution of the deceased plaintiff by her heirs.

RULING:

1. The petition is completely without merit.

PRINCIPLES:

• A motion for cancellation or postponement of a pre-trial or trial must comply with the requisites of motions, including the notice of hearing. A party does not have a right to a postponement without opposition from their adversary. (No party has a right to a postponement of a trial or hearing, or pre-trial; and his adversary has the right to oppose any move towards this end.)

• Lack of personal notice to the defendants regarding a pre-trial setting does not render it void.