CASE DIGEST : Agulto v. Tecson

 G.R. No. 145276 November 29, 2005

ROLANDO AGULTO, MAXIMA AGULTO and CECILLE TENORIO, Petitioners,

vs.

WILLIAM Z. TECSON, Respondent.

FACTS: On August 25, 1997, the respondent William Z. Tecson filed an action for damages against petitioners Rolando Agulto, Maxima Agulto, Cecille Tenoria and a certain Maribel Mallari in the RTC of Quezon City, Branch 79. The petitioners and Mallari filed their answer on October 29, 1997. They claimed that the respondent had no cause of action against them, alleging malicious prosecution. On November 19, 1998, the RTC dismissed the complaint for failure to prosecute for an unreasonable length of time. Respondent filed an urgent motion for reconsideration of the order of dismissal. On December 2, 1998, the RTC ordered the revival of the complaint. During the scheduled pre-trial on April 29, 1999, petitioner Rolando Agulto and his counsel were informed by an employee of the RTC that the presiding judge was on leave. The counsel for petitioners suggested that the pre-trial be reset to June 17, 1999. The RTC employee advised petitioner’s counsel that the suggested setting was not yet official as it would depend on the calendar of the court and the counsel of respondent. The pre-trial proceeded on June 17, 1999. For failure of petitioners to appear at the pre-trial and to submit their pre-trial brief, the RTC issued an order allowing the respondent to present his evidence ex parte. Petitioners filed a motion for reconsideration of the June 17, 1999 order of the RTC. They claimed that they were not notified of the pre-trial held on June 17, 1999. Before the motion could be heard, however, the court rendered its July 12, 1999 decision in favor of respondent. After receiving a copy of the decision on July 21, 1999, petitioners filed their July 28, 1999 motions to cite respondent’s counsel in contempt of court and to set the decision aside. On September 24, 1999, the RTC denied petitioners’ motion for reconsideration. Petitioners filed a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure with the CA. On September 27, 2000, the CA dismissed the petition

ISSUE: WON the RTC is correct in rejecting and denying petitioners motion for reconsideration

HELD: the present rule simplifies the procedure in the sense that notice of pre-trial is served on counsel, and service is made on a party only if he has no counsel. It does not, however, dispense with notice of pre-trial. The failure of a party to appear at the pre-trial has adverse consequences. Thus, sending a notice of pre-trial stating the date, time and place of pre-trial is mandatory. Here, no notice of pre-trial was served on counsel of petitioners in connection with the pre-trial held on June 17, 1999. Hence, the RTC committed a grave abuse of discretion when it issued its June 17, 1999 order allowing respondent to present his evidence ex parte.