CATALINA CAYETANO vs.

OSMUNDO CEGUERRA and FELINA SERRANO

No. L-18831. January 30, 1965.

Nature: DIRECT APPEAL from the orders of the Court of First Instance
Ponente: PAREDES, J.
Facts:
Plaintiff Cayetano, instituted Civil Case No. Q-5514, for Foreclosure of Real
Estate Mortgage, against defendants-spouses Ceguerra and Serrano
Summons and copy of the complaint for foreclosure were served on the
defendants on December 2, 1960, and on December 15, 1960, within the
reglementary period, the defendants filed an Answer in the form of a letter. In
this letter, they alleged that Cayetano took advantage of their poverty
situation making it harder for them to pay the loan.
Despite the above letter-answer, the defendants were, upon motion of
plaintiff declared in default and plaintiff could present her evidence ex-parte.
On January 11, 1961, the court a quo rendered judgment for the plaintiff
It appears that this decision never became known to appellants-spouses, the
same having been returned to the Court, as unclaimed
Under date of April 21, 1961, defendants were served with a copy of a Writ of
Execution, dated February 10, 1961, addressed to the Sheriff of Quezon City,
commanding the latter to seize the goods and chattels of the defendants-
appellants to satisfy the judgment. The matter was referred to counsel who,
on June 17, 1961, presented a Petition for Relief, based on the following
grounds:
o the answer-letter was a substantial compliance with the rules, for it
contained facts upon which defendants relied upon as defenses, and if
said letter-answer did not conform with the rules, the non-conformity
could be considered an excusable mistake taking into account that
defendants are mere ordinary lay-men not cognizant with the
intricacies of the Rules of Court;
o the defendants have substantial and valid defense, which were
contained in the letter-answer;
o that defendants have been deprived of their day in court.
It was prayed that the Court, in the interest of justice, set aside the order
dated January 7, 1961, declaring them in default, together with the decision
of January 11, 1961, and that the case be set for hearing on the merits. The
petition for relief was accompanied by the requisite affidavit of merit.

Issue: Whether the letter-answer submitted in sufficient in law

Held: Yes
Ratio:
A letter- answer, presented to the court by an ordinary layman, containing a recital
of facts, relied upon as defenses, is a sufficient and substantial compliance with the
requirements of the rules as to responsive pleadings. In such a case, the defendants
should be entitled to notice of hearing, the absence of which, being a deprivation of
their day in court, amounting to lack of due process, renders all the proceedings
undertaken therein a nullity.
A petition for relief may be taken from an order of execution, inasmuch as Sec. 2,
Rule 38, Revised Rules of Court, does not only refer to judgments, but also to orders,
or any proceedings.