G.R. No. L-6673. September 08, 1954

On September 17, 1952, the plaintiff, Luis Arejola, file a in the
Court of First Instance of Camarines Sur a complaint against the
defendants, Andres Cayetano and Olimpia Cayetano, for the recovery of
damages in the sum of P9,000.00. On September 26, 1952, the defendants
filed an answer with a counterclaim for the sum of P23,000.00. On
October 14, 1952, the defendants filed a motion praying that the
plaintiff be declared in default with the ground regards to the
defendants’, counterclaim, on that, he had failed to file an answer to
the counterclaim within ten days from October 2, 1952, when he received
the first notice from the post office of the registered letter
containing the defendants’ answer. On October 23, 1952, the plaintiff
filed an answer to the defendants counterclaim. On October 31, 1952, the
Court of First Instance of Camarines Sur issued an order declaring the
plaintiff in default, as prayed for by the defendants. On November 11,
1952, the plaintiff filed a petition for relief praying that the order
of default be lifted and the plaintiff’s answer to the defendants’
counterclaim filed on October 23,1952 admitted. This petition for relief
was denied by the court in its order dated January 13,1953. The
plaintiff has appealed.

In his affidavit In support of the petition for relief, the appellant
In substance alleged that in the month of October, 1952, he and his
wife temporarily resided in Tariric, Minalabac, Camarines Sur, to look
after the harvest of palay in his farm, leaving in their house in the
City of Naga only one servant and their small children; that the
plaintiff’s absence accounted for his failure actually to receive the
registered mail containing the defendants’ answer, the notices not
having been delivered to him by those who received them; that the
plaintiff has a good told meritorious defense against the counterclaim,
in that the facts alleged in one plaintiff’s complaint would necessarily
throw out said counterclaim.

Under the circumstances of this case, we are inclined to hold that
the appellant is entitled to relief, First, the complaint is signed by
him, unassisted by counsel, and it is fair to suppose that said
appellant’, without the knowledge and experience of a lawyer, could not
have anticipated the filing of the counterclaim or know how to guard
against being declared, in default. Secondly, the fact that the three
notices from one post office were received in appellant’s house in Naga
City does not lead to the conclusion that the appellant was aware
thereof. Indeed, he affirmed under oath that he had not personally
received them; and it was only on October 21, when he and his wife
returned to Naga City because of the approaching typhoon “Trix”, that
appellant’s attention was called to the third registry notice received
by Delicia Arejola on October 11, 1958, whereupon he collected the
registered letter containing the defendants’ answer with a,
counterclaim. Thirdly, the appellant forthwith engaged the services of
an attorney who, on October 23, 1952, filed an answer to the
counterclaim, it being significant that this was before the issuance of
the order of October 31, declaring the appellant in default. Lastly, the
appellant obviously appears to have a meritorious defense against the
counterclaim, because if the facts constituting his cause of action be
proven, they would necessarily negative the basis of the defendants’
counterclaim.

Wherefore the appealed order is reversed and the order of the lower
court declaring the plaintiff-appellant in default is set aside. Without
costs.

Pablo, Bengzon, Padilla, Montemayor, Reyes, A., Jugo, Bautista
Angelo, Labrador, Concepcion And Reyes, J.B.L., JJ., concur