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Default Judgment in TMBC vs. Magdiwang

The Manila Banking Corporation filed a complaint against Magdiwang Realty Corporation, Renato Dragon, and Esperanza Tolentino for unpaid debts. The defendants failed to file a responsive pleading within the required 15 days, instead filing motions to dismiss beyond the deadline. The trial court declared the defendants in default, and the Court of Appeals affirmed. The Supreme Court also ruled that the defendants' failure to file a timely responsive pleading meant that declaring them in default was proper according to the Rules of Court.

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Sheena Juarez
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322 views1 page

Default Judgment in TMBC vs. Magdiwang

The Manila Banking Corporation filed a complaint against Magdiwang Realty Corporation, Renato Dragon, and Esperanza Tolentino for unpaid debts. The defendants failed to file a responsive pleading within the required 15 days, instead filing motions to dismiss beyond the deadline. The trial court declared the defendants in default, and the Court of Appeals affirmed. The Supreme Court also ruled that the defendants' failure to file a timely responsive pleading meant that declaring them in default was proper according to the Rules of Court.

Uploaded by

Sheena Juarez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Issue: Presents the legal question to be resolved in the case.
  • Facts: Describes the background and circumstances of the legal dispute.
  • Ruling: Explains the decision made by the court regarding the case.
  • Case Details: Provides identifying information about the legal case, including parties involved and the date.

JUAREZ, Rowelle Sheena J.

G.R. No. 195592

September 5, 2012

MAGDIWANG REALTY CORPORATION, RENATO P. DRAGON and ESPERANZA


TOLENTINO, Petitioners,
vs.
THE MANILA BANKING CORPORATION, substituted by FIRST SOVEREIGN ASSET
MANAGEMENT (SPV-AMC), INC., Respondent.

Facts:
TMBC filed a complaint for a sum of money against Magdiwang, Dragon, and
Tolentino in the RTC. TMBC alleged that the petitioners failed to attend to the banks several
demands for payment. Instead of filing a responsive pleading with the trial court, the
petitioners filed beyond the fifteen (15)-day period allowed for the filing of a responsive
pleading, a Motion for Leave to Admit Attached Motion to Dismiss and a Motion to Dismiss.
The motions were opposed by the respondent TMBC and contended that the petitioners be
declared in default for their failure to file their responsive pleading within the period allowed
under the law. The RTC declared the petitioners in default in which the CA affirmed.

Issue:
Whether or not the petitioners failure to file any responsive pleading within the
required period places them in default.

Ruling:
Yes. The petitioners, in accordance with the rules, should have filed an Answer or
Motion to Dismiss or any responsive pleading for that matter within the prescribed period,
which is fifteen (15) days from receipt of Summons and a copy of the complaint with
attached annexes. In this case, the petitioners were not able to file their responsive pleading
hence, giving sufficient basis to declare the petitioners in default as provided by Section 3 of
Rule 9 of the Revised Rules of Court.

JUAREZ, Rowelle Sheena J. G.R. No. 195592 September 5, 2012 MAGDIWANG REALTY CORPORATION, RENATO P. DRAGON

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