Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1968 > August 1968 Decisions > G.R. No. L-25295 August 14, 1968 - CONCORDIA T. ARONG v. CONRADA SENO, ET AL:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-25295. August 14, 1968.]

CONCORDIA T. ARONG, Petitioner, v. CONRADA SENO, MOISES BINGHAY and JOSE C. BORROMEO, Judge, Fourth Branch, Court of First Instance of Cebu, Respondents.

Rafael Q. Gimarino and Gaudioso O. Sosmeña for Petitioner.

Fil C. Veloso for Respondents.


SYLLABUS


1. REMEDIAL LAW; PLEADING AND PRACTICE; AMENDED ANSWER; FILING THEREOF WITH LEAVE OF COURT. — Where the hearing of the case had actually begun, with the presentation of plaintiff’s evidence, the defendant’s answer can be amended only upon leave of court which may be refused pursuant to Section 3 of Rule 10 of the Rules of Court — "if it appears to the court that it was not previously alleged in the original answer and that the defense is substantially altered." Hence, if in the amended answer, the defendant sets up the defense of usury which was not contained in the original answer, the trial court may deny the motion for the admission of the amended answer. For in such a situation, it is clear that there was a substantial alteration of the defense in the original answer.


D E C I S I O N


CONCEPCION, C.J.:


Petition for a writ of certiorari to annul certain orders of Honorable Jose C. Borromeo, as Judge of the Court of First Instance of Cebu, denying a motion of petitioner Concordia T. Arong for the admission of an amended answer in Case No. R-6279 of said Court.

The facts are not disputed. On August 17, 1959, the espouses Conrada Seno and Moises Binghay — hereinafter referred to collectively as the Binghays — commenced said Case No. R-6279, against the spouses Salome M. Ceniza and Nicasio Tuñacao — hereinafter referred to collectively as the Tuñacaos — for the foreclosure of a real estate mortgage constituted by the latter. Upon being summoned, the Tuñacaos filed, on September 1, 1959, their answer with a counterclaim. On November 17, 1963, sometime after the Binghays had began presenting their evidence, Mrs. Tuñacao died. Notice thereof was, on December 2, 1963, filed with the lower court, which accordingly, ordered her heirs to appear, within thirty (30) days, in substitution of the deceased, as one of the defendants in the case. Soon, thereafter, or on May 27, 1964, the daughters of Mrs. Tuñacao — namely, Macaria T. Agcang, Concordia T. Arong, Cornelia T. Rotea and Esperanza T. Rodriguez — and Mr. Tuñacao filed a motion praying that the Binghays be ordered to amend their complaint by naming them as defendants, in lieu of the deceased, but no action appears to have been taken thereon.

On October 22, 1964, one of said movants, namely Concordia T. Arong — hereinafter referred to as the petitioner — filed an answer with a counterclaim. On motion of the Binghays, this pleading was, on March 12, 1965, ordered stricken out. Presently, or on April 21, 1965, petitioner and her aforementioned sisters, filed a motion to admit the amended answer attached thereto. The Binghays objected thereto, and this objection was sustained by the lower court, presided by respondent Judge Borromeo, in an order dated August 16, 1965. A reconsideration of this order having been denied, on October 21, 1965, petitioner instituted the present action for certiorari, against the Binghays and Judge Borromeo, alleging that the latter had committed a palpable abuse of discretion and acted "without and/or in excess of jurisdiction" in issuing said order of August 16, 1965. On petitioner’s motion, and upon the posting of a bond in the sum of P1,000, we issued a writ of preliminary injunction restraining respondent Judge from taking further proceedings and/or action in said case.

Petitioner maintains that, as one of the defendants in case No. R-6279, she has "a right to defend" herself in the lower court "for all purposes, until final judgment;" that she was the real debtor in the obligation guaranteed by the real estate mortgage, sought to be foreclosed by the Binghays; that, as such debtor, she had made several payments to the Binghays; and that, such payments gave her the right to file a counterclaim of a compulsory nature, which would be barred unless set up in said case.

It should be noted, however, that petitioner is merely one of the substitutes for her deceased mother, as a defendant in that case, who had filed her own answer therein. Inasmuch as the case had already been set for hearing, and, in fact, the same had actually begun, with the presentation of evidence for the Binghays said answer can be amended "only upon leave of court," which "may be refused" — pursuant to Section 3 of Rule 10 of the Rules of Court — "if it appears to the court . . . that the . . . defense is substantially altered. "Such is the nature of the "amended answer" sought to be filed by petitioner herein, for, in said pleading, she set up the defense of "usury," which is not alleged in the answer of her deceased mother. Hence, respondent Judge did not err, much less commit an abuse of discretion or exceed his jurisdiction, in denying petitioner’s motion for the admission of her amended answer. 1

It is not true that, unless said "amended answer" be admitted, petitioner would be barred from deducting the payments allegedly made by her from the sum claimed by the Binghays. The answer of Mrs. Tuñacao alleges that she was merely "an accommodation party" for petitioner herein. Upon the other hand, the Binghays alleged in their complaint that the sum of P23,110 is still due to them under the loan guaranteed by said mortgage. Consequently, petitioner may, under the answer of Mrs. Tuñacao, endeavor to establish that the amount due to the Binghays is less than said sum, by introducing evidence of the payments allegedly made by the former, as the accommodated party mentioned in said answer.

WHEREFORE, the petition herein is dismissed, the writ prayed for denied, and the writ of preliminary injunction issued by this Court on January 6, 1966 hereby dissolved, with costs against petitioner, Concordia T. Arong. It is so ordered.

Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.

Endnotes:



1. Lerma v. Reyes, 103 Phil. 1027, 1031-1032; Torres v. Tomacruz, 49 Phil. 913; Alvarez v. Commonwealth, 65 Phil. 302; Uy Hao & Co. v. Tan, 36 O.G. 4093; Avecilla v. Yatco, 54 O.G. 4269.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






August-1968 Jurisprudence                 

  • G.R. No. L-23129 August 2, 1968 - ISIDRA FARAON, ET AL v. TOMAS PRIELA

  • G.R. No. L-27260 August 8, 1968 - NAMARCO, ET AL v. HON. GAUDENCIO CLORIBEL, ET AL

  • G.R. No. L-20872 August 10, 1968 - DIGNA BALDEVARONA VDA. DE GOMEZ v. AMBROSIO FORTALEZA

  • G.R. No. L-19791 August 14, 1968 - KAPISANAN NG MGA MANGGAGAWA SA MLA. RAILROAD CO. v. RAFAEL HERNANDEZ, ET AL.

  • G.R. No. L-24954 August 14, 1968 - CITY OF NAGA v. COURT OF APPEALS, ET AL

  • G.R. No. L-25729 August 14, 1968 - PERFECTO CORDERO, ET AL v. COURT OF AGRARIAN RELATIONS, ET AL

  • G.R. No. L-25295 August 14, 1968 - CONCORDIA T. ARONG v. CONRADA SENO, ET AL

  • G.R. No. L-24493 August 14, 1968 - ADOLFO C. NAVARRO v. CITY OF ZAMBOANGA

  • G.R. No. L-27205 August 15, 1968 - PCI BANK v. JUAN GRIÑO, ET AL

  • G.R. No. L-29044 August 15, 1968 - WORKMEN’S INSURANCE CO., INC. v. COURT OF APPEALS, ET AL

  • G.R. No. L-19880 August 15, 1968 - REPUBLIC OF THE PHIL. v. LA PERLA CIGAR & CIGARETTE FACTORY, INC.

  • G.R. No. L-19149 August 16, 1968 - PEOPLE OF THE PHIL. v. BEN PAREDES, ET AL.

  • G.R. No. L-29169 August 19, 1968 - ROGER CHAVEZ v. COURT OF APPEALS, ET AL

  • G.R. No. L-24774 August 21, 1968 - RAUL CIPRIANO v. SAN MIGUEL CORPORATION

  • G.R. No. L-28903 August 22, 1968 - MARINDUQUE MINING & INDUSTRIAL CORP. v. SANTIAGO YAP, ET AL.

  • G.R. No. 24116-17 August 22, 1968 - CEBU PORTLAND CEMENT CO. v. MUNICIPALITY OF NAGA, CEBU, ET AL

  • G.R. No. L-28511 August 22, 1968 - ARTURO SERIÑA v. CFI OF BUKIDNON, ET AL

  • G.R. No. L-24845 August 22, 1968 - ADELA ONGSIACO VDA. DE CLEMEÑA v. AGUSTIN ENGRACIO CLEMEÑA, ET AL.

  • G.R. No. L-23768 August 23, 1968 - JOSE GARRIDO v. PILAR G. TUASON

  • A.C. No. 549 August 26, 1968 - MAXIMA C. LOPEZ v. MANUEL B. CASACLANG

  • G.R. No. L-19490 August 26, 1968 - PEOPLE OF THE PHIL. v. GORGONIO UBALDO, ET AL.

  • G.R. No. L-19737 August 26, 1968 - HENG TONG TEXTILES CO., INC. v. COMMISSIONER OF INTERNAL REVENUE, ET AL

  • G.R. No. L-24405 August 27, 1968 - COMMISSIONER OF INTERNAL REVENUE v. DINGALAN FOREST PRODUCTS CORP., ET AL

  • G.R. No. L-28188 August 27, 1968 - J.M. JAVIER LOGGING CORP. v. ATANACIO A. MARDO, ET AL

  • G.R. No. L-28613 August 27, 1968 - AMBROCIO LACUNA v. BENJAMIN H. ABES

  • G.R. No. L-25029 August 28, 1968 - PROCESO VINLUAN v. JUSTICES OF THE COURT OF APPEALS, ET AL

  • G.R. No. L-22814 August 28, 1968 - PEPSI-COLA BOTTLING CO. OF THE PHIL. INC. v. CITY OF BUTUAN, ET AL

  • G.R. No. L-19491 August 30, 1968 - PEOPLE OF THE PHIL. v. APOLONIO APDUHAN, JR., ET AL

  • G.R. No. L-22822 August 30, 1968 - GREGORIA PALANCA v. AMERICAN FOOD MANUFACTURING CO., ET AL

  • G.R. No. L-24394 August 30, 1968 - JUANITO CARLOS v. ANTONIO J. VILLEGAS, ET AL

  • G.R. No. L-23482 August 30, 1968 - ALFONSO LACSON v. CARMEN SAN JOSE-LACSON, ET AL

  • G.R. No. L-23541 August 30, 1968 - PEOPLE OF THE PHIL. v. ANGELITO GUARDO, ET AL

  • G.R. No. L-23979 August 30, 1968 - HOMEOWNERS’ ASSO. OF THE PHIL., ET AL v. MUN. BOARD OF THE CITY OF MLA., ET AL.

  • G.R. No. L-24165 August 30, 1968 - JUAN M. SERRANO v. PUBLIC SERVICE COMMISSION, ET AL

  • G.R. No. L-24189 August 30, 1968 - ITOGON-SUYOC MINES, INC. v. SAÑGILO-ITOGON WORKERS’ UNION, ET AL

  • G.R. No. L-24471 August 30, 1968 - SILVERIO MARCHAN, ET AL v. ARSENIO MENDOZA, ET AL

  • G.R. No. L-22766 August 30, 1968 - SURIGAO ELECTRIC CO., INC., ET AL v. MUN. OF SURIGAO, ET AL

  • G.R. No. L-22212 August 30, 1968 - FARM IMPLEMENT & MACHINERY CO. v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-25049 August 30, 1968 - FILEMON RAMIREZ, ET AL v. ARTEMIO BALTAZAR, ET AL.

  • G.R. No. L-28223 August 30, 1968 - MECH. DEPT. LABOR UNION SA PHIL. NATL. RAILWAYS v. COURT OF INDUSTRIAL RELATIONS, ET AL

  • G.R. No. L-28891 August 30, 1968 - DBP v. ESTANISLAO D. SARTO, ET AL

  • G.R. No. L-25059 August 30, 1968 - FOITAF v. ANGEL MOJICA, ET AL

  • G.R. No. L-28751 August 30, 1968 - JOSE TUBURAN v. FRANK BALLENER, ET AL

  • G.R. No. L-26197 August 30, 1968 - ADELO C. RIVERA v. SAN MIGUEL BREWERY CORP.

  • G.R. No. L-22769 August 30, 1968 - JUAN ISBERTO v. REPUBLIC OF THE PHIL. ET AL

  • G.R. No. L-21965 August 30, 1968 - PEOPLE OF THE PHIL. v. SIMPLICIO S. GERVACIO, ET AL.

  • G.R. No. L-22183 August 30, 1968 - RECEIVER FOR NORTH NEGROS SUGAR CO. INC. v. PEDRO V. YBAÑEZ, ET AL

  • G.R. Nos. L-22359 & L-22524-25 August 30, 1968 - MATEO CORONEL, ET AL v. COURT OF INDUSTRIAL RELATIONS, ET AL

  • G.R. No. L-29223 August 30, 1968 - BACOLOD-MURCIA MILLING CO., INC. v. JOSE R. QUERUBIN, ET AL

  • G.R. No. L-20495 August 31, 1968 - BELEN CRUZ v. LUIS M. SIMON, ET AL

  • G.R. No. L-20831 August 31, 1968 - CALTEX (PHILIPPINES), INC., ET AL v. LUIS U. GO

  • G.R. No. L-23023 August 31, 1968 - JOSE P. STA. ANA v. FLORENTINO MALIWAT, ET AL

  • G.R. No. L-24884 August 31, 1968 - PEOPLE OF THE PHIL. v. CONSORCIO PELAGO Y BEKILLA

  • G.R. No. L-24606 August 31, 1968 - JOSE T. JAMANDRE v. COURT OF APPEALS, ET AL