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Azajar Vs Ca

Azajar filed a complaint against Cham Samco for failing to deliver the full quantity of nails that were purchased. Instead of filing an answer, Samco filed a motion to dismiss. However, the notice for the motion was addressed to the clerk of court instead of Azajar. As a result, the court granted Azajar's motion for default against Samco. On appeal, the appellate court initially affirmed the default but later reversed itself, stating that technicalities should be set aside so that Samco can have its day in court.

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32 views1 page

Azajar Vs Ca

Azajar filed a complaint against Cham Samco for failing to deliver the full quantity of nails that were purchased. Instead of filing an answer, Samco filed a motion to dismiss. However, the notice for the motion was addressed to the clerk of court instead of Azajar. As a result, the court granted Azajar's motion for default against Samco. On appeal, the appellate court initially affirmed the default but later reversed itself, stating that technicalities should be set aside so that Samco can have its day in court.

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sweet dude
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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2. AZAJAR VS. CA concerned stating the time and place for the hearing of the motion.

Failure
to comply with the requirement is a fatal flaw.
FACTS:
2. Such notice is required to avoid surprises upon the opposite party and give
1. Azajar purchased thru the agent of Cham Samco 100 kegs of nails of the latter time to study and meet the arguments of the motion as well as
various sizes and paid P18,000 in full. However, Cham Samco only to determine or make determinable the time of submission of the motion
delivered a part of the quantity ordered. Azajar filed a complaint before the for resolution.
CFI of Cam Sur.
3. Without the notice, the occasion would not arise to determine with
2. Instead of submitting an answer, Samco filed a motion to dismiss on two reasonable certitude whether and within what time the adverse party
grounds: failure of the complaint to state a cause of action and that venue would respond to the motion, and when the motion might already be
was improperly laid. resolved by the Court.

3. The motion to dismiss contained a notice addressed to the Clerk of Court.

4. Contending that such notice was fatally defective, Azajar filed a motion to
declare Samco in default, which the court granted. Azajar was allowed to
present evidence ex parte and the court rendered judgment against
Samco.

5. The TC justified its order of default in this wise: that instead of filling an
answer to the complaint, Samco filed a motion to dismiss which is not a
motion at all because the “notice” is directed to the Clerk of Court instead
of the party concerned (as required by Sec.5, Rule 15, RC) and is without
the requisite notice of hearing directed to the CC and not to the parties,
and merely stating that the same be submitted for resolution. It is without
the requisite notice of time and place of hearing.

6. Aggrieved, Samco went to CA for recourse, but the CA affirmed the


decision of the TC. However, on motion for reconsideration, CA reversed
itself and declared that technicalities should be brushed aside so that
Samco can be given a day in court.

ISSUE: WON the failure of Cham Samco to set its motion to dismiss for hearing
on a specified date and time and for not addressing the same to the party
interested is fatal to his cause.

HELD: Yes. Although the Court sided with CA that technicalities should be set
aside to Samco to be afforded with his day in court.

1. The law explicitly requires that notice of motion shall be served by the
appellant to all parties concerned at least 3 days before the hearing,
together with a copy of the motion, and of any affidavits and other papers
accompanying it; and that notices shall be directed to the parties

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