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ROBERTO R. DAVID v. JUDGE CARMELITA S. GUTIERREZ-FRUELDA

FACTS:

Private respondents filed a complaint against the petitioner, his wife and the Register of Deeds for accounting, reconveyance, and damages. They alleged that the petitioner exceeded his special power of attorney and fraudulently registered their agricultural lands in his name and failed to account for any money received from transactions involving their lands. The petitioner was declared in default after failing to answer the complaint within 60 days from the last publication. He filed a motion to lift the order of default, arguing that he should be given the opportunity to present evidence and that he has meritorious defenses. The motion was denied by the RTC, and the petitioner appealed directly to the Supreme Court.

ISSUES:

  1. Did the RTC commit grave abuse of discretion in denying the petitioner's motion to lift the order of default?

  2. Did the petitioner comply with the requirements of Section 3(b), Rule 9 of the Rules of Court?

RULING:

  1. The RTC did not commit grave abuse of discretion in denying the petitioner's motion to lift the order of default. The petitioner failed to comply with the requirements of Section 3(b), Rule 9 of the Rules of Court, and his claim of having meritorious defenses was unsubstantiated. The denial of the motion was affirmed by the Supreme Court. The Court also noted that the petitioner's voluntary appearance before the RTC through his motions for extension to file the answer cured any alleged defect in the service of summons. The Court further emphasized that the special civil action of certiorari should be filed in the hierarchical order of the courts.

PRINCIPLES:

  • A defendant declared in default has remedies, including filing a motion to set aside the order of default based on fraud, accident, mistake, or excusable negligence, with a showing of a meritorious defense.

  • Default orders are not favored by the courts but compliance with the basic requirements of the Rules of Court is necessary for a motion to lift the order of default to be granted.

  • The special civil action of certiorari under Rule 65 should be filed in accordance with the hierarchical order of the courts.