For Your Data Hilario Moncado V. People’S Courtroom Representative Brief Summary
February 01, 2019
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Hilario Moncado v. People’s Court
G.R. No. L-824, Jan 14, 1948
FACTS: In an ejectment representative filed earlier the judge of the peace courtroom of Guijulngan, Negros Oriental, afterwards lawsuit inward the absence of the defendants, rendered judgment inward favor of plaintiff. The Court of First Instance in addition to then sent bring out yesteryear registered post service posted on September 8, 1939 the bring out of receipt of appealed representative in addition to the menstruation for pleading. Defendants were informed of such post service yesteryear the postmaster only the same was non claimed, CFI of Negros Oriental, upon displace of plaintiff, ordered defendants to vacate the state in addition to to pay, jointly in addition to severally, the plaintiff the amount of PHP xviii every bit damages, summation costs. Defendant’s appealed the determination claiming that their failure to become bring out from post purpose was due to ignorance in addition to that they were non served amongst re-create of plaintiff’s displace for default.
CFI denied defendant’s displace on June 19, 1940.
ISSUE: Was defendant’s failure to become bring out valid in addition to excusable?
RULING: No, the Court ruled that inward the offset place, defendant’s are non entitled to a service of re-create of the displace that they are inward default except when they file a displace to ready aside the guild of default, inward which final result they are entitled to bring out of all farther proceedings (Rule 27, Section 9, Rules of Court). Second, failure to become bring out was non excusable neglect every bit claimed yesteryear defendants. Indeed, a notice, is deemed served if delivered yesteryear registered post service in addition to claimed inside v days from offset bring out of postmaster (Rule 27, Section 8, Rules of Court).
Appealed guild affirmed.