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Balbino Sequito, Et Al., vs. Anatalio Letrondo G. R. No. L-11588, July 20, 1959

The trial court erred in denying the appellant's motion for a new trial. According to the records, the summons was irregularly served by a police sergeant who was not authorized to deliver summons. Additionally, the summons was served upon the appellant's 12-year-old daughter who, due to her young age and student status, could not properly understand the importance of the legal documents delivered to her. As there is no evidence the appellant knew about the case before receiving the decision, the irregular service was not cured. Therefore, the appellant's failure to file an answer was justified and the trial court should have granted a new trial.

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64 views1 page

Balbino Sequito, Et Al., vs. Anatalio Letrondo G. R. No. L-11588, July 20, 1959

The trial court erred in denying the appellant's motion for a new trial. According to the records, the summons was irregularly served by a police sergeant who was not authorized to deliver summons. Additionally, the summons was served upon the appellant's 12-year-old daughter who, due to her young age and student status, could not properly understand the importance of the legal documents delivered to her. As there is no evidence the appellant knew about the case before receiving the decision, the irregular service was not cured. Therefore, the appellant's failure to file an answer was justified and the trial court should have granted a new trial.

Uploaded by

James Gaddao
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© © All Rights Reserved
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BALBINO SEQUITO, ET AL., vs.

ANATALIO LETRONDO

G. R. No. L-11588, July 20, 1959

Facts:

On October 21, 1955, the complaint in this case was filed in court and the
summons was served by police sergeant Borja upon defendant's daughter who was
then 12 years old and a fourth grade pupil. Defendant failed to file an answer and so,
upon plaintiffs' motion, he was declared in default. Plaintiffs presented their evidence
ex-parte; the same consists of the testimony of plaintiff Balbino Sequito only. On
February 7, 1956, the court rendered the judgment appealed from.

On March 13, 1956, the defendant, moved for new trial, alleging that he did not
receive of the summons and that he came to know about the case only when he
received a copy of the decision on February 23, 1956. He attached to his motion
affidavits of merit and a copy of a deed of sale of the land. The motion was denied,
hence this appeal.

Issue:

Whether or not the trial court err in denying appellant's motion for new trial.

Held:

Yes. The trial court erred in denying appelant’s motion for new trial.

The record shows that the service of the summons was irregular. It was served by
one police sergeant, Pacifico Borja, who was not a sheriff or a court officer, and who
was not authorized by the court to deliver the summons. This violates the provisions
of Section 5, Rule 7, Rules of Court. The proof of service is also not under oath as
required by Section 20 of said rule.

Moreover, even if the summons was really served upon defendant's daughter, still
there was no valid substituted service because she, being only 12 years of age and a
grade four pupil, could not have appreciated the importance of the paper delivered to
her. We can not say with certainty that the daughter was at the time of a suitable age
and discretion to be entrusted with so important a document as a court summons
(Section 8, Rule 7, Rules of Court).

As there is no evidence to show that defendant ever came to know about the case
before he received the decision, the irregularity in the service was not cured.
Defendant's failure to file his answer is, therefore, justified.

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