SECOND DIVISION
[G.R. No. 241346. October 15, 2018.]
CATHERINE Y. VELEZ, petitioner, vs.GOTESCO REGENCY TWIN TOWERS CONDOMINIUM CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated15 October 2018which reads as follows:
"G.R. No. 241346 (Catherine Y. Velez v. Gotesco Regency Twin Towers Condominium Corporation)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the May 24, 2018 Decision 2 and the August 3, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 154457 for failure of petitioner Catherine Y. Velez (petitioner) to sufficiently show that the CA committed any reversible error in finding no grave abuse of discretion on the part of the Regional Trial Court of Manila, Branch 32 (RTC) in upholding the validity of service on petitioner of Summons 4 and a copy of the Petition for Injunction 5 filed by respondent Gotesco Regency Twin Towers Condominium Corporation (respondent), docketed as Civil Case No. R-MNL-17-02611-CV. Notwithstanding, the CA nullified the declaration of default 6 and gave petitioner: (a) fifteen (15) days from finality of the CA Decision to file her answer to the said petition, and (b) the right to cross-examine respondent in the higher interest of substantial justice. 7 CAIHTE
As correctly ruled by the CA, petitioner's actual receipt of the summons and a copy of the petition and the annexes thereto satisfied the ultimate purpose of serving summons, 8 which is to ensure that the defendant or respondent in the case is not denied due process. 9 Nonetheless, the CA exercised sound judicial discretion in setting aside its order of default and allowing petitioner to file her answer and to cross-examine respondent, 10 consistent with the policy of the law to afford every litigant the opportunity to have his case be tried on the merits as much as possible. 11
SO ORDERED." (REYES, J., JR., J., designated as Additional Member per Special Order No. 2587 dated August 28, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-38.
2.Id. at 70-85. Penned by Associate Justice Fernanda Lampas Peralta with Associate Justices Amy C. Lazaro-Javier and Ma. Luisa Quijano-Padilla, concurring.
3.Id. at 86-87.
4.Id. at 172.
5.Id. at 89-101.
6. See December 7, 2017 RTC Order. Penned by Presiding Judge Thelma Bunyi-Medina; id. at 208-213.
7. See id. at 84-85.
8. See id. at 83.
9. See Oaminal v. Castillo, 459 Phil. 542, 553-554 (2003).
10. See rollo. pp. 84-85.
11. See Heirs of Yabao v. Van der Kolk, 737 Phil. 160, 172 (2014).