Wednesday, June 9, II. The Middle Period - Filipino writers in English began by mastering vocabulary, learning the mechanics of grammar, and imitating established Western writers. Indeed, the early period of Philippine Literature in English was a time of learning by trial and error. But by the extent and quality of writing had greatly improved.
As security for the said obligation, petitioners executed a Deed of Real Estate Mortgage REM 6 over 71 parcels of land registered under their names and located in Mabini, Batangas. Subsequently, however, petitioners incurred default and therefore the loan obligation became due and demandable.
After petitioners admitted the material allegations in the Complaint, the RTC, on 7 Marchrendered a Judgment8 on the Pleadings, the dispositive portion of which reads: LawlibraryofCRAlaw ChanRoblesVirtualawlibrary "WHEREFORE, on the basis of the pleadings, judgment is hereby rendered in favor of the [private respondent] and against the [petitioners] ordering the [petitioners] to pay to the court or to [private respondent] within a period of ninety 90 days from the entry of this judgment the amounts hereunder set forth, and in default of such payment, the [properties] shall be sold at the public auction to satisfy this judgment: It was argued by the petitioners that it was only on 13 June that their counsel was able to receive a copy of the said judgment prompting them to immediately file a Notice of Appeal on the following day, 14 June The court a quo declared that petitioners' counsel was negligent in handling her mails and that negligence is binding upon petitioners.
Accordingly, the RTC forthwith directed the issuance of the motion for execution, to wit: Accordingly, let the corresponding writ of execution issue. Aguado shall proceed without further delay with the sale [and] execution of the mortgaged properties.
Arguing that the Court of Appeals gravely abused its discretion in rendering the assailed Decision, petitioners filed this instant Petition for Certiorari seeking the reversal of the appellate court's decision and resolution on the following grounds: As a rule where a party appears by attorney in an action or proceeding in a court of record, all notices or orders required to be given therein must be given to the attorney of record.
Accordingly, notices to counsel should be properly sent to his address of record, and, unless the counsel files a notice of change of address, his official address remains to be that his address of record. While petitioners impliedly admitted the fact that the security guard in the building where their counsel's office is located received the copy of the judgment, they argued, however, that such receipt is not valid under the law, a contention which pulled the rug from under their feet exposing the utter frailty of their position.
Court of Appeals,19 the Court instructed the counsels to device a system to ensure that official communications would be promptly received by them, lest, they will be chargeable with negligence, thus: The law office is mandated to adopt and arrange matters in order to ensure that official or judicial communications sent by mail would reach the lawyer assigned to the case.
The court has time and again emphasized that the negligence of the clerks, which adversely affect the cases handled by lawyers, is binding upon the latter. The doctrinal rule is that negligence of the counsel binds the client because, otherwise, there would never be an end to a suit so long as new counsel could be employed who could allege and [prove] that prior counsel had not been sufficiently diligent, or experienced, or learned.
Evidently, petitioners' counsel was wanting on this respect. Not only did petitioners' counsel fail to device a system for the prompt and efficient receipt of mails intended for her, she also failed to ensure that she could be notified of the decision as soon as possible.
As a practicing lawyer, petitioners' counsel should have been more circumspect in monitoring official communications intended for her so as to avoid situations like this, where a mail matter was inexplicably lost after delivery thereby running the risk of losing a client's case on technicality.
Petitioners' counsel cannot hide behind the security guard's negligence to shield her even professional negligence in an effort to seek reversal of a decision that has long attained finality. It bears stressing that a decision had become final and executory without any party perfecting an appeal or filing a motion for reconsideration within the reglementary period.
It was only months after its finality that questions assailing the Decision were raised. Neither can petitioners exempt themselves or their properties from the operation of a final and executory judgment by harping on their counsel's negligence.
Jurisprudence is replete with pronouncements that clients are bound by the actions of their counsel in the conduct of their case. If it were otherwise, and a lawyer's mistake or negligence was admitted as a reason for the opening of the case, there would be no end to litigation so long as counsel had not been sufficiently diligent or experienced or learned.
And, any act performed by counsel within the scope of his general and implied authority is, in the eyes of law, regarded as the act of the client himself and consequently, the mistake or negligence of the client's counsel may result in the rendition of unfavorable judgment against him.
There would be no end to litigation if this were allowed as every shortcoming of counsel could be the subject of challenge of his client through another counsel who, if he is also found wanting, would likewise be disowned by the same client through another counsel, and so on ad infinitum. This would render court proceedings indefinite, tentative and subject to reopening at any time by the mere subterfuge of replacing counsel.
Alarcon,26 We struck down the ploy of the petitioner to prolong the court process by unduly harping on his counsel's negligence to evade a valid obligation, thus: LawlibraryofCRAlaw ChanRoblesVirtualawlibrary Clearly, this is an instance where the due process routine vigorously pursued by Bienvenido Juani and his successor-in-interest is but a clear-cut afterthought meant to delay the settlement of uncomplicated legal dispute.
Aside from clogging the court dockets, the strategy is deplorably a common curse resorted to by losing litigants in the hope of evading manifest obligations.
This Court will ever be vigilant to nip [in] the bud any dilatory maneuver calculated to defeat or frustrate the ends of justice, fair play and the prompt implementation of final and executory judgments.
Truly, a litigant bears the responsibility to monitor the status of his case, for no prudent party leaves the fate of his case entirely in the hands of his lawyer.
It is the client's duty to be in contact with his lawyer from time to time in order to be informed of the progress and developments of his case; hence, to merely rely on the bare reassurance of his lawyer that everything is being taken care of is not enough.
It must be emphasized that the instant case stemmed from a simple judicial foreclosure proceeding involving several parcels of land where the trial court, after finding that petitioners admitted the material allegations in the complaint, rendered a judgment on the pleadings.
Litigation must end and terminate sometime and somewhere, and it is essential to an effective administration of justice that once a judgment has become final the issue or the cause involved therein should be laid to rest.Scribd es red social de lectura y publicación más importante del mundo.
Ligaya Torres-December 17, You lost her when she noticed that the tone of your voice changed. You lost her when she felt like there’s a cold breeze every time you talk. I don't know why, but maybe because you feel like home.
Home is whenever I'm with you and when I'm in your arms.
Westwoods Village "Where Home and Nature Converge", Contemporary response to housing demand, Designing a lifestyle, A landscape that preserves the spirit of natural environment, Welcoming, awakening deep sense of belonging, Preserving environmental resources Mrs. Ligaya Casintahan; / ; Goleo, Sindangan, Zamboanga. The Netzorg Family Papers are arranged into seven series: The Fuld Family Papers, Morton J. and Katherine S. Netzorg Papers, Morton J. and Petra Fuld Netzorg Papers, Visual Materials, Sound Recordings, Oversize Material, and Artifacts. Ligaya Victorio Fruto has won much acclaim for her short stories. Her work as a cultural assistant at the Philippine Consulate-General in Honolulu, Hawaii, has given her oppor tunities to observe how the3 Filipinos live there.
Home is when you look me in the eye and tell me how. INTERVIEW WITH LIGAYA VICTORIO FRUTO (MRS. LORENZO C. FRUTO) At her home Alani Drive, Honolulu, Hawaii March 12, F: Ligaya Victorio Fruto S: Alice Sinesky, Interviewer S: I realize from what I've read how you interpret things, and how you express yourself.
If you would like to take thatAuthor: Ligaya Victorio Fruto, Alice Sinesky. LIGAYA VICTORIO FRUTO (b d ) was born and raised in the Philippines. She was trained as a teacher at the Philippine Normal School. While still in her teens, she began teaching and writing stories which were published in leading national publications.
Ligaya Victorio Fruto has won much acclaim for her short stories. Her work as a cultural assistant at the Philippine Consulate-General in Honolulu, Hawaii, has given her oppor tunities to observe how the3 Filipinos live there.
After waking up, it took me a few seconds to figure out where I was and who I am in this “current and real” life: I was in my bed, in my home here in Iowa. My wife was sleeping beside me, and my kids were in the nearby bedrooms.