Download 5 Ello vs CA, G.R. No. 141255. June 21, 2005 PDF

Title5 Ello vs CA, G.R. No. 141255. June 21, 2005
TagsPleading Lawsuit Legal Procedure Virtue Common Law
File Size30.7 KB
Total Pages2
Document Text Contents
Page 1

LUCIANO ELLO and GAUDIOSA ELLO, VS. THE COURT OF
APPEALS ET AL.

G.R. No. 141255. June 21, 2005

SANDOVAL-GUTIERREZ, J.:

Facts: Respondent Springfield Development Corporation is the
owner and actual possessor of a lot covered by Transfer
Certificate of Title (TCT) No. T-92571, while respondent
Constantino Jaraula is the owner and actual possessor of a
covered by TCT No. T-63088, both situated at Cagayan de Oro
City. The two lots adjoin each other and were originally parts of a
12-hectare lot which has been developed by respondents as the
Mega Heights Subdivision. Sometime in 1996, petitioner spouses
Luciano and Gaudiosa Ello and their hired personnel
surreptitiously and stealthily occupied respondents’ lots, built a
make-shift shed under the trees, and fenced the area they
occupied. Respondents then demanded that petitioners and their
hired personnel vacate the area but they refused. Instead, they
threatened and prevented respondents from developing their lots
into a subdivision. Thus, respondent Springfield Development
Corporation and Constantino G. Jaraula, filed a complaint against
them for forcible entry with application for preliminary mandatory
injunction.

Issue: Whether the Court of Appeals gravely abused its
discretion when it dismissed outright petitioners’ petition for
review on the sole technical ground that it does not contain the
affidavit of service as required by Section 11 in relation to Section
13, Rule 13 of the 1997 Rules of Civil Procedure.

Held: Sections 3 and 5, Rule 13 of the 1997 Rules of Civil
Procedure, as amended, prescribe two modes of filing and service
of pleadings, motions, notices, orders, judgments and other
papers. These are: (a) by personal delivery, governed by Section
6 of the same Rule; and (b) by mail, under Section 7 thereof.
However, Section 11 of Rule 13 requires that “whenever
practicable,” the filing of pleadings and other papers in court, as

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