This case has been cited 2 times or more.
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2007-10-04 |
GARCIA, J. |
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| Deprivation of procedural due process is obviously the petitioner's threshold theme. Due process, in its procedural aspect, guarantees in the minimum the opportunity to be heard.[18] Grave abuse of discretion, however, cannot plausibly be laid at the doorstep of the respondent judge on account of his having issued the default order against the petitioner, then proceeding with the hearing and eventually rendering a default judgment. For, what the respondent judge did hew with what Section 3, Rule 9 of the Rules of Court prescribes and allows in the event the defending party fails to seasonably file a responsive pleading. The provision reads:SEC. 3. Default; declaration of.- If the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to submit evidence ....[19] | |||||
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2000-08-14 |
DE LEON, JR., J. |
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| the Bar are expected to always live up to the standards of the legal profession as embodied in the Code of Professional Responsibility inasmuch as the relationship between an attorney and his client is highly fiduciary in nature and demands utmost fidelity and good faith.[12] We find, however, the IBP's recommended penalty of two (2) years suspension to be imposed upon respondent Atty. Villalon too severe in the light of the facts obtaining in the case at bar. In Cesar V. Roces vs. Atty. Jose G. Aportadera,[13] this Court | |||||