GR 83929; (June, 1992) (Digest)
G.R. No. 83929 June 11, 1992
ANTONIO GARCIA, petitioner, vs. THE COURT OF APPEALS (FIFTH DIVISION) and SPS. WILLIAM UY and MA. JAJORIE UY, respondents.
FACTS
Petitioner Antonio Garcia filed an action for damages against private respondent spouses William and Ma. Jajorie Uy before the RTC of Pasig. For failure of the private respondents to file their answer within the reglementary period, the trial court granted petitioner’s motion to declare them in default and set the reception of evidence ex-parte. Private respondents filed an appearance with a motion for extension of time to file an answer, but the trial court denied it for being filed out of time. Petitioner presented his evidence ex-parte, and the trial court issued a judgment of default. Petitioner then filed an ex-parte motion for execution pending appeal, which the trial court granted. Private respondents appealed to the Court of Appeals, challenging the validity of the writ of execution because it was granted without proper notice to them and without a hearing. The Court of Appeals granted their petition for certiorari and set aside the trial court’s order granting the writ. Petitioner’s motion for reconsideration was denied.
ISSUE
Whether a party who has been declared in default is entitled to notice of a motion for execution pending appeal of a judgment by default.
RULING
Yes. The Supreme Court affirmed the decision of the Court of Appeals, holding that a party declared in default is entitled to notice of the motion for execution pending appeal. A party in default loses the right to present a defense and to examine or cross-examine witnesses, but this does not constitute a waiver of all rights. The defaulted party is still entitled to notice of final judgments and orders and proceedings taken subsequent thereto. The requirement of notice under Section 2, Rule 39 of the Rules of Court is mandatory. Without such notice, the various recourses available to the defaulted party after judgment, such as a motion for new trial, a petition for relief from judgment, an appeal, or a special civil action for certiorari, would be rendered illusory. The petition was denied.