G.R. No. 202189 - RODANTE F. GUYAMIN, LUCINIA F. GUYAMIN, AND EILEEN G. GATARIN, VS. JACINTO G. FLORES AND MAXIMO G. FLORES, REPRESENTED BY RAMON G. FLORES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, for failure to file their responsive answer within the reglementary period of fifteen (15) days, defendants are hereby declared in default. The pleadings filed by the defendant on May 30, 2007 is [sic] hereby denied. [9] Petitioners moved to reconsider, but the trial court was unmoved. It proceeded to receive respondents' evidence ex parte . Ruling of the Regional Trial Court On October 21, 2008, the RTC issued a Decision [10] declaring as follows: The plaintiffs as represented by their attorney-in-fact, Ramon G. Flores when presented in Court reiterated the allegations in the complaint and presented in evidence the Transfer Certificate of Title No. T-308589 in the names of Jacinto Flores and Maximo Flores (Exhibit "B"); the tax declaration (Exhibit "C") of the property; and the Certification (Exhibit "F") issued by Brgy. Justice Lito R. Sarte of Barangay Santiago, Bayan ng Heneral Trias, Cavite. x x x x In the case at bar, by a preponderance of evidence, plaintiffs have proven their case. On September 26, 2006 the Return of Summons by the process server of this Court, Rozanno L. Morabe, as certified, stated, to wit: This is to certify that on September 25, 2006 the undersigned cause [sic] the service of Summons together with a copy of the complaint upon defendants x x x thru EILEEN GATARIN, one of the defendants, who received a copy of the Summons for all the defendants who refused to sign and acknowledge receipt of said summons. This served as a proof of receipt by the defendants of the copy of the complaint upon them. However defendants filed their answer with motion to dismiss way beyond the reglementary period on May 28, 2007 which prompted this Court to deny their motion. Defendants, if indeed having a good defense, could have been vigilant in this case instead of resorting to delays in the prosecution thereof. WHEREFORE, judgment is rendered in favor of the plaintiffs as against the defendants herein and hereby orders, to wit: 1) Ordering the defendants and their respective families and or any other persons claiming rights under them, to vacate subject parcel of land and deliver the same peacefully to the possession of the plaintiffs; 2) Ordering the defendants to pay the plaintiffs the amount of P10,000.00 as reasonable attorney's fees, P5,000.00 as litigation expenses, plus the costs of suit. SO ORDERED.