Couple loses certiorari case over lapse in procedure

MANILA - The Court of Appeals (CA) has upheld the decision of a lower court, which said summons to the Provincial Legal Officer (PLO) are required in a suit filed against a municipality. In an 11-page decision written by Associate Justice Elihu Ybanez dated October 19, the appellate court's Eighth Division said Judge Edwin Buffe, of the Odiongan, Romblon Regional Trial Court (RTC) Branch 82, ruled correctly in the case filed by couple Lino and Gemma Morales against the municipality of Looc and its mayor, Lissette Arboleda, in 2019. The couple claimed ownership of a 377-square-meter property in Barangay Poblacion. The Deputy Provincial Prosecutor of Romblon initially appeared as counsel for the respondents. On Jan. 13, 2020, the couple filed a motion to declare the municipality and Arboleda in default for failure to file an answer and respond to the complaint. The court, however, denied the motion filed by the couple to declare the municipality and the mayor in default as the summons should have been served to the PLO as provided under the Local Government Code. The Morales couple then filed a petition for certiorari, or a review of the case, before the CA. The CA said the RTC judge "exercised sound discretion in adjudging that a declaration of default against respondents is not availing in the present case and that the answer filed by the office of the provincial prosecutor for the municipality and the mayor is merely noted pending due service of summons on private respondents' legal counsel, the PLO". The PLO, according to the CA, may opt to "file another answer, or simply manifest that he or she is adopting the of-record answer as private respondents' answer in the case". "Given that the Local Government Code itself provides for the lawfully mandated representative or counsel, the PLO, we find no error on the part of the judge in requiring that summons be first served on the PLO," adding that "to outrightly deprive the respondents of their day in court would be inimical to the interest of substantial justice". (PNA) }

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Looc ,Capiz ,Philippines ,Manila ,Odiongan ,Iloilo ,Romblon ,Gemma Morales ,Barangay Poblacion ,Lissette Arboleda ,Romblon Regional Trial Court , ,Provincial Legal Officer ,Associate Justice Elihu Ybanez ,Eighth Division ,Judge Edwin Buffe ,Deputy Provincial Prosecutor ,Local Government ,Local Government Code ,Manila The Court Of Appeals Ca Has Upheld Decision Ofa Lower ,Hich Said Summons To The Provincial Legal Officer Plo Are Required Ina Suit Filed Againsta Municipality In An 11 Page Decision Written By Associate Justice Elihu Ybanez Dated October 19 ,He Appellate Court 39s Eighth Division Said Judge Edwin Buffe ,F The Odiongan ,Omblon Regional Trial Court Rtc Branch 82 ,Uled Correctly In The Case Filed By Couple Lino And Gemma Morales Against Municipality Of Looc Its Mayor ,N 2019 The Couple Claimed Ownership Ofa 377 Square Meter Property In Barangay Poblacion Deputy Provincial Prosecutor Of Romblon Initially Appeared As Counsel For Respondents On Jan 13 ,020 ,He Couple Fileda Motion To Declare The Municipality And Arboleda In Default For Failure File An Answer Respond Complaint Court ,Owever ,Enied The Motion Filed By Couple To Declare Municipality And Mayor In Default As Summons Should Have Been Served Plo Provided Under Local Government Code Morales Then Fileda Petition For Certiorari ,Ra Review Of The Case ,Efore The Ca Said Rtc Judge Quot Exercised Sound Discretion In Adjudging Thata Declaration Of Default Against Respondents Is Not Availing Present Case And That Answer Filed By Office Provincial Prosecutor For Municipality Mayor Merely Noted Pending Due Service Summons On Private 39 Legal Counsel ,He Plo Quot The ,Ccording To The Ca ,Ay Opt To Quot File Another Answer ,R Simply Manifest That He Or She Is Adopting The Of Record Answer As Private Respondents 39 In Case Quot Given Local Government Code Itself Provides For Lawfully Mandated Representative Counsel ,The Plo ,E Find No Error On The Part Of Judge In Requiring That Summons Be First Served Plo ,Uot Adding That Quot To Outrightly Deprive The Respondents Of Their Day In Court Would Be Inimical Interest Substantial Justice Pna ,