G.R. No. L-2999

FACTS:
In February 1904, respondents Claudia Castro and Irene Castro filed a complaint against petitioner Francisca Simon and Jose de Castro in the Court of First Instance of Pampanga. Petitioner was duly served with summons, entered an appearance, and filed a demurrer to the complaint. The demurrer was overruled. Petitioner did not file an answer thereafter. Consequently, on April 3, 1905, judgment was rendered against her. On May 18, 1905, within sixty days from notice of the judgment, petitioner filed a petition with the Supreme Court under Section 513 of the Code of Civil Procedure, seeking to set aside the judgment on the ground of being unjustly deprived of a hearing.

ISSUE:
Whether the petitioner is entitled to the relief provided under Section 513 of the Code of Civil Procedure for judgments rendered by “default.”

RULING:
No. The Supreme Court denied the petition. Section 513 applies only to judgments rendered by “default.” The Court, citing its prior ruling in Blanco vs. Guerra, held that a judgment is not by “default” within the meaning of Section 513 when the defendant has made an appearance in the action. Here, the petitioner had duly appeared and filed a demurrer. Although she subsequently failed to answer after her demurrer was overruled, the resulting judgment was not a default judgment but one rendered under Section 101 of the Code of Civil Procedure. Therefore, the remedy under Section 513 was not available to her. The petition was dismissed with costs.