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PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-16429. October 25, 1960. ]

ALEJANDRO ABAO, Petitioner-Appellant, v. HON. MARIANO R. VlRTUCIO, ET AL., Respondents-Appellees.

Cornelio S. Ruperto for Appellant.

Araneta & Araneta for Appellees.


SYLLABUS


1. PETITION FOR RELIEF; AFFIDAVITS OF MERIT, PURPOSE OF; EFFECT OF FAILURE TO ATTACH AFFIDAVITS. — Failure to attach affidavits of merit to a petition for relief from judgment under Rule 38 of the Rules of Court, is fatal (Price Stabilization Corporation v. Court of First Instance of Manila, Et Al., 97 Phil., 153 and justifies the denial by the court of the relief sought (Coombs v. Santos, 24 Phil., 446; McGrath v. Del Rosario, 49 Phil., 330; Villanueva, Et. Al. v. Alioba, 101 Phil., 277; 55 Off. Gaz., 422), for it is the affidavits of merit that serve as jurisdictional basis for a court to entertain a petition for relief (Omandam v. Director of Lands, 95 Phil., 450).


D E C I S I O N


BARRERA, J.:


On November 20, 1958, J. M. Tuason & Co. Inc. (the principal respondent herein) filed with the Municipal Court of Quezon City, a complaint for forcible entry (Civil Case No. 5367) against herein petitioner Alejandro Abao alleging, inter alia, that it is the registered owner of a parcel of land known as the Santa Mesa Heights Subdivision, situated in Quezon City, described in Transfer Certificate of Title No. 1267 (37686-Rizal) issued by the Office of the Register of Deeds of Quezon City, and that on or about January 12, 1958, Petitioner, by means of force, strategy, and stealth, unlawfully entered into the possession of a portion (100 square meters, more or less) of said land, and constructed his house thereon, and praying that petitioner be ordered to vacate the said land and remove his house and other construction thereon.

On November 26, 1958, petitioner was served with summons setting the case for hearing on December 8, 1958. Petitioner filed no answer.

On the date set for hearing of the case (December 8), petitioner’s wife, Maria C. Abao, appeared in court, in representation of her husband. She admitted in open court the allegations of the complaint, and requested up to January 15, 1959, to remove their house constructed on respondent company’s premises. The latter agreed to her (Maria’s) request and, consequently, the Municipal Court of Quezon City, on the same date, rendered judgment of the following tenor:jgc:chanrobles.com.ph

"SENTENCIA

"En esta demanda de desahucio comparecio Maria C. Abao en representacion de su esposo demandado y despu
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