FIRST DIVISION
G.R. No. 182814, July 15, 2015
LIGAYA MENDOZA AND ADELIA MENDOZA, Petitioners, v. THE HONORABLE COURT OF APPEALS (EIGHT DIVISION), HONORABLE JUDGE LIBERATO C. CORTEZ AND BANGKO KABAYAN (FORMERLY IBAAN RURAL BANK, INC., Respondents.
D E C I S I O N
PEREZ, J.:
This is a Petition for Certiorari1 pursuant to Rule 65 of the Revised Rules of Court, assailing the 29 November 2007 Decision2 rendered by the Eighth Division of the Court of Appeals in CA-G.R. SP No. 86745. In its assailed decision, the appellate court affirmed the 28 May 2003 Order3 of the Regional Trial Court (RTC) of Batangas City, Branch 8 denying the Opposition to the Motion for Execution filed by petitioners Ligaya Mendoza and Adelia Mendoza.
In a Resolution4 dated 28 April 2008, the Court of Appeals denied the Motion for Reconsideration of the petitioners.
"WHEREFORE, on the basis of the pleadings, judgment is hereby rendered in favor of the [private respondent] and against the [petitioners] ordering the [petitioners] to pay to the court or to [private respondent] within a period of ninety (90) days from the entry of this judgment the amounts hereunder set forth, and in default of such payment, the [properties] shall be sold at the public auction to satisfy this judgment:LawlibraryofCRAlawAfter petitioners failed to timely interpose an appeal or a motion for reconsideration, private respondent filed a Motion for Execution to enforce the above judgment which was duly opposed by the petitioners on the ground that they were not duly served with a copy of the RTC Decision. It was argued by the petitioners that it was only on 13 June 2002 that their counsel was able to receive a copy of the said judgment prompting them to immediately file a Notice of Appeal on the following day, 14 June 2002.
a. The principal sum of TWELVE MILLION PESOS (P12,000,000.00) with interest thereon at the rate of 30% per annum and penalty computed from September 4, 1997 until fully paid;
b. Attorney's fees equivalent to 10% of the total amount due, and cost of suit.9
WHEREFORE, the [c]ourt declares that the [petitioners'] notice of appeal cannot be given due course as having been filed out of time, and the opposition to the motion for execution is hereby DENIED. Accordingly, let the corresponding writ of execution issue.11In an Order12 dated 13 July 2004, the RTC denied petitioners' Motion for Reconsideration and thereby ordered the Sheriff to proceed with the sale of the foreclosed properties at the public auction, thus:LawlibraryofCRAlaw
WHEREFORE, the [petitioners'] Motion for Reconsideration is hereby DENIED and, accordingly-On Certiorari, the Court of Appeals affirmed the assailed RTC Orders after finding that there was a valid service of the notice of judgment to petitioners' counsel as attested by the postmaster who enjoys the presumption of regularity in the performance of his official duty and which presumption was not satisfactorily rebutted by the petitioners in the instant case.14redarclaw
The Order of this [c]ourt dated May 28, 2003; the writ of execution issued on September 25, 2003; and the order dated October 20, 2003 directing the Sheriff of this [c]ourt to proceed with the sale at public auction of the mortgaged properties subject matter of this case remain undisturbed and shall be implemented.
Sheriff Rosalinda G. Aguado shall proceed without further delay with the sale [and] execution of the mortgaged properties.13
I.
WITH DUE RESPECT TO THE HONORABLE COURT OF APPEALS, THE HONORABLE COURT COMMITTED GRAVE ABUSE OF ITS DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION WHEN IT AFFIRMED THE FINDING OF THE HONORABLE REGIONAL TRIAL COURT OF BATANGAS, BRANCH 8 THAT THERE WAS VALID SERVICE OF THE NOTICE OF JUDGMENT DATED 7 MARCH 2002, INSPITE OF THE OVERWHELMING PIECES OF EVIDENCE TO THE CONTRARY SINCE THE SECURITY GUARD ASSIGNED IN THE LOBBY OF THE LPL MANSIONS WAS NOT AUTHORIZED TO RECEIVE ANY MAIL MATTERS OF THE PETITIONERS' COUNSEL OF RECORD ATTY. MINERVA C. GENOVEA.II.
WITH DUE RESPECT TO THE HONORABLE COURT OF APPEALS THE HONORABLE COURT, ERRED AND COMMITTED GRAVE ABUSE OF ITS DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION IN RULING THAT ATTY. MINERVA C. GENOVEA IS AT FAULT SINCE SHE FAILED TO ADOPT MEASURES TO ENSURE NOTICES AND DOCUMENTS INTENDED FOR HER WILL BE DULY RECEIVED BY HER OR HER STAFF.III.
WITH DUE RESPECT TO THE HONORABLE COURT OF APPEALS, IT COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION WHEN IT UPHELD THE DECISION OF THE HONORABLE REGIONAL TRIAL COURT PRESIDING JUDGE WHEN THE LATTER PRECIPITATELY DENIED DUE COURSE [TO] THE NOTICE OF APPEAL SEASONABLY FILED BY THE PETITIONERS ON 14 JUNE 2002 OR ONE (1) DAY FOLLOWING ACTUAL RECEIPT OF THE JUDGMENT (sic) DATED 7 MARCH 2002 BY THE PETITIONERS.IV.
GRANTING ARGUENDO, THAT INDEED THERE WAS VALID SERVICE OF JUDGMENT ON THE PETITIONERS, STILL THE HONORABLE COURT HAS THE POWER AND DISCRETION TO EXTEND THE PERIOD FOR FILING THE RECORD ON APPEAL IN THE INTEREST OF JUSTICE; BESIDES AS REVEALED AND BASED ON RECORDS OF THE CASE, IT IS APPARENT THAT THE JUDGMENT WAS RENDERED THROUGH A MERE MOTION ON JUDGMENT ON THE PLEADINGS, WHICH WAS FROWNED UPON BY NO LEES THAN THIS HONORABLE COURT, PROPHETICALLY EMPHASIZED IN ITS NUMEROUS PRONOUNCEMENTS, THAT SHORT-CUTS IN JUDICIAL PROCESSES ARE TO BE AVOIDED WHERE THEY IMPEDE RATHER THAN PROMOTE A JUDICIOUS DISPENSATION OF JUSTICE.V.
WITH DUE RESPECT TO THE HONORABLE COURT OF APPEALS, THE HONORABLE COURT COMMITTED GRAVE ABUSE OF ITS DISCRETION AMOUNTING TO LACK OR IN EXCESS OF DISCRETION WHEN IT STATED THAT NOTICE SENT TO THE COLLABORATING COUNSEL ATTY. JUANITO L. VELASCO, JR. WAS VALID SERVICE UPON THE PETITIONERS.VI.
WITH DUE RESPECT TO THE HONORABLE OF APPEALS, THE HONORABLE COURT ERRED AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION WHEN IT FAILED TO RULE THAT NO VALID EXECUTION CAN BE EFFECTED SEEING AS THERE WAS ABSENCE OF ACTUAL NOTICE TO HEREIN PETITIONERS.16
x x x. The law office is mandated to adopt and arrange matters in order to ensure that official or judicial communications sent by mail would reach the lawyer assigned to the case. The court has time and again emphasized that the negligence of the clerks, which adversely affect the cases handled by lawyers, is binding upon the latter. The doctrinal rule is that negligence of the counsel binds the client because, otherwise, there would never be an end to a suit so long as new counsel could be employed who could allege and [prove] that prior counsel had not been sufficiently diligent, or experienced, or learned.Evidently, petitioners' counsel was wanting on this respect. Not only did petitioners' counsel fail to device a system for the prompt and efficient receipt of mails intended for her, she also failed to ensure that she could be notified of the decision as soon as possible. As a practicing lawyer, petitioners' counsel should have been more circumspect in monitoring official communications intended for her so as to avoid situations like this, where a mail matter was inexplicably lost after delivery thereby running the risk of losing a client's case on technicality. Petitioners' counsel cannot hide behind the security guard's negligence to shield her even professional negligence in an effort to seek reversal of a decision that has long attained finality. It bears stressing that a decision had become final and executory without any party perfecting an appeal or filing a motion for reconsideration within the reglementary period. It was only months after its finality that questions assailing the Decision were raised.
Clearly, this is an instance where the due process routine vigorously pursued by Bienvenido Juani and his successor-in-interest is but a clear-cut afterthought meant to delay the settlement of uncomplicated legal dispute. Aside from clogging the court dockets, the strategy is deplorably a common curse resorted to by losing litigants in the hope of evading manifest obligations. This Court will ever be vigilant to nip [in] the bud any dilatory maneuver calculated to defeat or frustrate the ends of justice, fair play and the prompt implementation of final and executory judgments.Truly, a litigant bears the responsibility to monitor the status of his case, for no prudent party leaves the fate of his case entirely in the hands of his lawyer. It is the client's duty to be in contact with his lawyer from time to time in order to be informed of the progress and developments of his case; hence, to merely rely on the bare reassurance of his lawyer that everything is being taken care of is not enough.27 Where the party failed to act with prudence and diligence, its plea that it was not accorded the right to due process cannot elicit this court's approval or even sympathy.28redarclaw
Endnotes:
1Rollo, pp. 3-42.
2 Id. at 43-53; Penned by Associate Justice Jose C. Reyes, Jr. with Associate Justices Jose L. Sabio, Jr. and Myrna Dimaranan Vidal concurring.
3 Id. at 164-168.
4 Id. at 54.
5 Id. at 79.
6 Id. at 80-96.
7 Id. at 55-78.
8 Id. at 122-124.
9 Id. at 124.
10 Id. at 164-168.
11 Id. at 167.
12 Id. at 221-229.
13 Id. at 229.
14 Id. at 43-53.
15 Id. at 54.
16 Id. at 11-13.
17National Power Corporation v. Tac-an, 445 Phil. 515, 522 (2003).
18Rollo, pp. 49 & 137.
19Balgami v. Court of Appeal, 487 Phil. 102, 113 (2004).
20GCP-Manny Transport Services, Inc. v. Principe, 511 Phil. 176, 184-185 (2005).
21 Id.
22 Id.
23Juani v. Alarcon, 532 Phil. 585, 603 (2006).
24 Id.
25 Id. at 603-604.
26 Id. at 602.
27Bejarasco, Jr., v. People, 656 Phil. 337, 340 (2011).
28GCP-Manny Transport Services, Inc., v. Principe, supra note 20 at 186.
29Juani v. Alarcon, supra note 23 at 604.
30De Leon v. Public Estates Authority, et al., 640 Phil. 594, 611-612 (2010).
31 Id. at 612.