Verdejo VS Ca 157 Scra 743

G.R. No.
77735 January 29, 1988

Petition for review on certiorari of the decision * rendered by the respondent
WILFREDO VERDEJO, petitioner, appellate court, dated 28 November 1986, in CA-G.R. No. SP-10429 entitled:
vs. "Wilfredo Verdejo, petitioner, versus Hon. Sofronio Sayo, etc., et al.,
THE HON. COURT OF APPEALS, HON. SOFRONIO G. SAYO, Presiding respondents", which dismissed the petition to annul and set aside the order,
Judge, RTC, Br. III, Pasay City, and HERMINIA PATINIO, ET AL., dated 8 October 1986, directing the issuance of a writ of execution in Civil Case
respondents. No. 2546-P of the Regional Trial Court of Pasay City, as well as the Resolution,
dated 5 March 1987, which denied the petitioner's motion for reconsideration of
SYLLABUS said decision of 28 November 1986.
The pertinent facts of the case are as follows:

1. REMEDIAL LAW; RULES OF COURT; RULES TO BE LIBERALLY CONSTRUED TO
PROMOTE THEIR OBJECT AND TO ASSIST THE PARTIES TO OBTAIN On 20 December 1984, the herein petitioner filed a complaint against the
INEXPENSIVE DETERMINATION OF ANY ACTION OR PROCEEDING. — The Rules private respondent Herminia Patinio and one John Doe before the Regional Trial
of Court expressly provide that the rules should be liberally construed in order to Court of Pasay City, docketed therein as Civil Case No. 2546-P, for collection of
promote their object and to assist the parties in obtaining just, speedy, and a sum of money amounting to P60,500.00, which said Herminia Patinio had
inexpensive determination of every action and proceeding, and in the absence of allegedly borrowed from him but failed to pay when it became due,
a clear lack of merit or intention to delay, a case should not be allowed to go off notwithstanding demands. 1
on procedural points or technicality. As much as possible, failure of justice
should be avoided. Answering, Herminia Patinio admitted having obtained loans from the petitioner
but claimed that the amount borrowed by her was very much less than the
2. ID.; ID.; APPEAL; NOTICE OF APPEAL SENT BY SPECIAL DELIVERY BY PARTY amount demanded in the complaint, which amount she had already paid or
NOT A LAWYER, A SUBSTANTIAL COMPLIANCE WITH THE RULES. — In the settled, and that the petitioner had exacted or charged interest on the loan
instant case, the notice of appeal was sent by special delivery, instead of ranging from 10% to 12% per month, which is exorbitant and in gross violation
registered mail. Considering that said notice of appeal was sent within the of the Usury Law. Wherefore she prayed that she be reimbursed the usurious
period for perfection of appeals by the petitioner who, not being a lawyer, is not interests charged and paid. She also asked for damages, attorney's fees and
well versed in the finer points of the law, and, hence, committed an honest costs of suit. 2
mistake; and that the petitioner appears to have a good and valid cause of
action, we find that there was substantial compliance with the rules. To prevent After trial court on 3 September 1986, the trial court rendered Judgment, as
a miscarriage of justice, the petitioner should be allowed to prosecute his follows:
appeal.
RESOLUTION WHEREFORE, judgment is hereby rendered dismissing plaintiff's complaint for
lack of merit.
PADILLA, J.:
On defendants' counterclaim plaintiff is hereby ordered to refund to defendants The only issue in this petition is whether or not the Court should allow an appeal
the amount of P13,890.00 and to further pay to defendants the amount of where the notice of appeal was sent by special delivery mail within the period for
P5,000.00 as attorney's fees and the costs of this suit. 3 perfection of appeals, but received in court after the expiration of said period.
Counsel for the petitioner received a copy of the trial court's decision on 5 For the proper exercise of the right to appeal, the petitioner should have
September 1986, and on 19 September 1986, he sent a notice of appeal to the complied with Section 1, Rule 13 of the Rules of Court which reads as follows:
court by special delivery. The notice of appeal was received by the court on 26
September 1986. On that same day the court also received the motion for Section 1. Filing with the court, defined.-The Filing of pleadings, appearances,
execution filed by the private respondent, Herminia Patinio. 4 motions, notice orders and other papers with the court as required by these
rules shall be made by filing them personally with the clerk of the court or by
The petitioner opposed the motion claiming that he had already filed a notice of sending them by registered mail. In the first case, the clerk shall endorse on the
appeal through the mail so that the motion for execution was improper. 5 pleading the date and hour of filing. In the second case, the date of mailing of
motions, pleadings, or any other papers or payments or deposits, as shown by
The private respondent, however, replied that the petitioner's notice of appeal the post office stamp on the envelope or the registry reciept shall be considered
was filed beyond the reglementary period and reiterated her prayer for the as the date of their filing, payment, or deposit in court. The envelope shall be
issuance of a writ of execution. 6 attached to the record of the case.
Resolving the matter, the trial court issued an Order on 8 October 1986, the In justifying his failure to comply strictly with the requirements for perfecting an
dispositive part of which reads as follows: appeal, as aforestated, the petitioner alleges that his counsel was sick at the
time, and in order to beat the deadline for the filing of the appeal, he mailed the
WHEREFORE, as plaintiff's Notice of appeal was filed beyond the reglementary notice of appeal by special delivery mail, not knowing that it should be sent by
period, the same is hereby DENIED. registered mail. 11
As the judgment rendered herein has become final and executory, let the We find merit in the petition. The Rules of Court expressly provide that the rules
corresponding Writ of Execution issue to enforce the same. 7 should be liberally construed in order to promote their object and to assist the
parties in obtaining just, speedy, and inexpensive determination of every action
Thereafter, the petitioner filed a petition for certiorari before the Court of and proceeding, 12 and in the absence of a clear lack of merit or intention to
Appeals, docketed therein as CA-G.R. No. SP-10429, to annul said Order of 8 delay, a case should not be allowed to go off on procedural points or
October 1986. 8 The appellate court, however, as aforestated, dismissed the technicality. As much as possible, failure of' justice should be avoided. 13
petition in a Decision dated 28 November 1986. 9 The petitioner filed a motion
for reconsideration of the decision, but his motion was denied in a Resolution In the instant case, the notice of appeal was sent by special delivery, instead of
dated 5 March 1987. 10 registered mail. Considering that said notice of appeal was sent within the
period for perfection of appeals by the petitioner who, not being a lawyer, is not
Hence, the petitioner's present recourse. well versed in the finer points of the law, and, hence, committed an honest
mistake; and that the petitioner appears to have a good and valid cause of
action, we find that there was substantial compliance with the rules.
The case involves an alleged violation of the Usury Law, where the petitioner
was found by the trial court to have charged and collected usurious interests
from the private respondent on loans which were first obtained on 15 February
1982, later renewed, and finally culminated with the execution by private
respondent of the Deed of Sale with Right of Repurchase on 17 November 1983.
This Court has ruled in one case 14 that with the promulgation of Central Bank
Circular No. 905, series of 1982, usury has become "legally inexistent" as the
lender and the borrower can agree on any interest that may be charged on the
loan. This Circular was also given retroactive effect. But, whether or not this
Circular should also be given retroactive effect and applied in this case is yet to
be determined by the appellate court at the proper time.
Moreover, it appears that the computation of the amount considered as usurious

interest is incorrect. The trial court merely added the amounts paid by the
private respondent to the petitioner and, thereafter, deducted therefrom the
amounts given as loan to the private respondent and considered the excess
amount usurious, without apparently considering the lawful interest that may be
collected on said loans. Only usurious interests may be reimbursed.
To prevent a miscarriage of justice, the petitioner should be allowed to

prosecute his appeal.
ACCORDINGLY, the petition is GRANTED. The questioned Decision and

Resolution issued by the respondent Court of Appeals on 28 November 1986 and
5 March 1987, respectively, in CA-G.R. No. SP-10429, as well as the Order
issued by the Regional Trial Court of Pasay City in Civil Case No. 2546-P on 8
October 1986, are hereby ANNULLED and SET ASIDE and another one entered
approving the notice of appeal filed by the petitioner. Without costs.
SO ORDERED.

Verdejo VS Ca 157 Scra 743

Uploaded by

Copyright:

Available Formats

Verdejo VS Ca 157 Scra 743

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Verdejo VS Ca 157 Scra 743

Uploaded by

Copyright:

Available Formats

G.R. No.

77735 January 29, 1988

The pertinent facts of the case are as follows:

Moreover, it appears that the computation of the amount considered as usurious

To prevent a miscarriage of justice, the petitioner should be allowed to

ACCORDINGLY, the petition is GRANTED. The questioned Decision and

You might also like