G.R. No. L‑3708
September 12, 1907

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FACTS
– Plaintiff: Elvira Fressell filed an action in a Justice of the Peace (Manila) to recover possession of a land tract and damages.
– Defendant: Marciana Agustin appealed the judgment in favor of the plaintiff before the Court of First Instance (CFI).
– The CFI overruled the defendant’s demurrer on 29 Sept. after “hearing both parties,” although the defendant claimed she received only a mailed notice and did not appear.
– The defendant filed an affidavit‑motion on 6 Oct. to set aside the overruling order and demand a new hearing, alleging lack of proper notice.
– No ruling was made on that motion; the CFI proceeded to enter a default judgment on 13 Oct. (notice sent 15 Oct.) because the defendant had not filed an answer.
– On 16 Oct., the defendant moved to set aside the default judgment, asserting she never received notice of the overruling order. The motion was denied.
– The defendant was deprived of the right to cross‑examine the plaintiff’s witnesses, though she was allowed to introduce evidence.

ISSUE
Whether the CFI erred in (1) overruling the demurrer without giving the defendant proper notice and opportunity to be heard, and (2) entering a default judgment despite the defendant’s lack of notice, thereby violating due‑process rights.

RULING
– The Supreme Court reversed the CFI’s judgment.
– The case was remanded to the CFI with instructions to allow the defendant to file an answer within a time fixed by the court and to conduct further proceedings in accordance with law.
– No costs were awarded to either party.

Concurrence: Chief Justice Arellano and Justices Torres, Johnson, Tracey.