G.R. No. 39811 ; January 29, 1934
JOSE G. CAMUS, plaintiff-appellee, vs. LEONOR PAULINO, defendant-appellant.

FACTS

Plaintiff Jose G. Camus filed an action for annulment of his marriage to defendant Leonor Paulino, celebrated on March 21, 1931. He alleged he was forced through deceit, fraud, and intimidation to sign the marriage papers and that they never lived together as husband and wife. The defendant was declared in default for failing to file an answer within the reglementary period. The trial court proceeded with the hearing in her absence and rendered judgment declaring the marriage null and void. The defendant filed motions to set aside the order of default and for a new trial, attaching affidavits (including one from the solemnizing officer) and a notarized application for a marriage license signed by the plaintiff weeks before the wedding, to show she had a meritorious defense. The trial court denied both motions.

ISSUE

Whether the trial court erred in denying the defendant’s motions to set aside the order of default and for a new trial.

RULING

Yes. The Supreme Court set aside the trial court’s judgment. While setting aside an order of default rests on the court’s sound discretion, it should be vacated if the defendant shows a good and meritorious defense. Here, the defendant sufficiently demonstrated a meritorious defense through the plaintiff’s notarized application for a marriage license and affidavits supporting the validity of the marriage. Her delay in filing the answer (only five days, considering intervening holidays) was excusable. The case was remanded to the trial court for a new hearing where the defendant could present her evidence.

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