G.R. No. 174414

THIRD DIVISION
ELMER F. GOMEZ,
G.R. No. 174414
Petitioner,
Present:
YNARES-SANTIAGO, J.,
Chairperson,
AUSTRIA-MARTINEZ,
CHICO-NAZARIO,
- versus -
NACHURA, and
REYES, JJ.
Promulgated:
March 14, 2008

MA. LITA A. MONTALBAN,
Respondent.
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DECISION
CHICO-NAZARIO, J.:
This Petition for Review on Certiorari seeks to reverse (1) the Order[1] dated 20
June 2006 of the Regional Trial Court (RTC) of Davao City, Branch 13, which
granted herein respondent Ma. Lita A. Montalbans Petition for Relief from
Judgment and dismissed Civil Case No. 29,717-03 for lack of jurisdiction; and (2)
the Order[2] dated 2 August 2006 denying herein petitioner Elmer F. Gomezs
Motion for Reconsideration thereof .
On 30 May 2003, petitioner filed a Complaint[3] with the RTC for a sum of
money, damages and payment of attorneys fees against respondent, docketed as
Civil Case No. 29,717-03. The Complaint alleged, among other things, that: on or
about 26 August 1998, respondent obtained a loan from petitioner in the sum
of P40,000.00 with a voluntary proposal on her part to pay 15% interest per
month; upon receipt of the proceeds of the loan, respondent issued in favor of
petitioner, as security, Capitol Bank Check No. 0215632, postdated 26 October
1998, in the sum ofP46,000.00, covering the P40,000.00 principal loan amount
and P6,000.00 interest charges for one month; when the check became due,
respondent failed to pay the loan despite several demands; thus, petitioner filed
the Complaint praying for the payment of P238,000.00, representing the principal
loan and interest charges, plus 25% of the amount to be awarded as attorneys
fees, as well as the cost of suit.
Summons was served, but despite her receipt thereof, respondent failed to
file her Answer. Consequently, she was declared[4] in default and upon motion,
petitioner was allowed to present evidence ex parte.
After considering the evidence presented by petitioner, the RTC rendered a
Decision[5] on 4 May 2004 in his favor, the fallo of which reads:
WHEREFORE, IN VIEW OF THE FOREGOING, the Court hereby decides this

case in favor of [herein petitioner] and against [herein respondent], ordering
[respondent] to pay [petitioner] the following amounts:
1. P40,000.00 representing the principal amount of the loan;
2. P57,600.00 representing interest at the rate of 24% per annum reckoned
from August 26, 1998 until the present; and
3. P15,000.00 representing attorneys fees.
On 28 May 2004, respondent filed a Petition for Relief from

Judgment[6] alleging that there was no effective service of summons upon her since
there was no personal service of the same.The summons was received by one Mrs.
Alicia dela Torre, who was not authorized to receive summons or other legal
pleadings or documents on respondents behalf. Respondent attributes her failure to
file an Answer to fraud, accident, mistake or excusable negligence. She claimed
that she had good and valid defenses against petitioner and that the RTC had no
jurisdiction as the principal amount being claimed by petitioner was
only P40,000.00, an amount falling within the jurisdiction of the Municipal Trial
Court (MTC).
After petitioner filed his Answer[7] to the Petition for Relief from Judgment and
respondent her Reply,[8] the said Petition was set for hearing.
After several dates were set and called for hearing, respondent, thru counsel,
failed to appear despite being duly notified; hence, her Petition for Relief was
dismissed[9] for her apparent lack of interest to pursue the petition.
Respondent filed a Motion for Reconsideration[10] of the dismissal of her
Petition for Relief, stating that her counsels failure to appear was not intentional,
but due to human shortcomings or frailties, constituting honest mistake or
excusable negligence.
On 18 November 2005, the RTC granted[11] respondents motion for

reconsideration, to wit:
In regard to the motion for reconsideration file by [herein respondent] of the order
of the court dismissing her petition for relief from judgment, the court, in the
interest of justice, shall give [respondent] one more chance to present the merits
of her position in a hearing. The dismissal of the petition is therefore reconsidered
and set aside.
On 20 June 2006, the RTC granted respondents Petition for Relief from Judgment
and set aside its Decision dated 4 May 2004 on the ground of lack of
jurisdiction. The fallo of the assailed RTC Order reads:
WHEREFORE, the petition for relief is hereby GRANTED. The decision
of this court dated May 4, 2004 is RECONSIDERED and set aside for lack of
jurisdiction on the part of the court, without prejudice to the case being refiled in
the proper Municipal Trial Courts.[12]
Petitioner filed a motion for reconsideration of the afore-quoted Order, but the
same was denied by the RTC in another Order[13] dated 2 August 2006.
Hence, the present Petition filed directly before this Court.
In his Memorandum,[14] petitioner raises the following issues for the Courts
consideration:
1.
Whether or not the Regional Trial Court has jurisdiction over this
case for sum of money, damages and attorneys fees where the
principal amount of the obligation is P40,000.00 but the amount
of the demand per allegation of the complaint is P238,000.00;
2.
Whether or not respondents relief from judgment is proper

during the period for filing a motion for reconsideration and
appeal.
Before the Court dwells on the principal issues, a few procedural matters
must first be resolved.
Section 2(c), Rule 41 of the Rules of Court categorically provides that in all
cases where only questions of law are raised, the appeal from a decision or order
of the RTC shall be to the Supreme Court by petition for review on certiorari in
accordance with Rule 45.[15]
The distinction between questions of law and questions of fact has long
been settled. A question of law exists when the doubt or controversy concerns
the correct application of law or jurisprudence to a certain set of facts; or when
the issue does not call for an examination of probative value of the evidence
presented, the truth or falsehood of facts being admitted. A question of fact
exists when the doubt or difference arises as to the truth or falsehood of facts or
when the query invites calibration of the whole evidence considering mainly the
credibility of witnesses, the existence and relevancy of specific surrounding
circumstances, as well as their relation to each other and to the whole, and the
probability of the situation.[16]
Simple as it may seem, determining the true nature and extent of the
distinction is sometimes complicated. In a case involving a question of law, the
resolution of the issue must rest solely on what the law provides on the given set
of circumstances. Once it is clear that the issue invites a review of the evidence
presented, the question posed is one of fact. If the query requires a re-evaluation
of the credibility of witnesses, or the existence or relevance of surrounding
circumstances and their relation to each other, the issue in that query is
factual.[17]
The first issue raised in the present petition is one of jurisdiction of the
court over the subject matter - meaning, the nature of the cause of action and of
the relief sought. Jurisdiction is the right to act or the power and authority to hear
and determine a cause. It is a question of law.[18] The second issue refers to the
aptness of the grant of a Petition for Relief from Judgment. These questions are
undoubtedly one of law, as they concern the correct interpretation or application
of relevant laws and rules, without the need for review of the evidences
presented before the court a quo.
Thus, with only questions of law raised in this Petition, direct resort to this
Court is proper.[19]
The Court shall now discuss whether the RTC has jurisdiction over Civil Case
No. 29,717-03.
Petitioners Complaint before the RTC reads:
3.
On or about August 26, 1998, [herein respondent] obtained from

the [herein petitioner] a loan for the principal sum of FORTY
THOUSAND PESOS (P40,000.00) with a voluntary proposal on her
part to pay as much as 15% interest per month. Machine copy of
Cash Voucher dated August 26, 1998 is herewith attached as
Annex A.
4.
Upon receipt of the proceeds of the said loan, [respondent]

issued in favor of the Plaintiff Capitol Bank Check with check nos.
0215632 postdated on October 26, 1998 for the sum of Forty Six
Thousand Pesos (P46,000.00) as security on the loan
with P6,000.00 as the first month of interest charges. When the
check became due, [respondent] defaulted to pay her loan

despite several allowances of time and repeated verbal demands
from the [petitioner]. The said check was later on dishonored for
the reason: Account Closed. Machine copy of Capitol Bank Check
wit nos. 0215632 is herewith attached as Annex B.
5.
On July 4, 2002, [petitioner] engaged the services of the

undersigned counsel to collect the account of the [respondent];
thus, on the same day, a demand letter was sent to and received
by her on July 9, 2002. And despite receipt thereof, she failed and
continues to evade the payment of her obligations to the
damage and prejudice of the [petitioner]. Thus, as of July 4,
2002, [respondent]s loan obligation stood at TWO HUNDRED
THIRTY EIGHT THOUSAND PESOS (P 239,000.00), inclusive of
interest charges for 32 months. Machine copy of Demand Letter
and its registry receipt and return card is herewith attached as
Annexes C; C-1 and C-2, respectively.
6.
In view of [respondent]s refusal to pay her loan, [petitioner] is

constrained to engage the services of counsel to initiate the
instant action for a fee of 25% for whatever amounts is collected
as flat attorneys fee. [Petitioner] will likewise incur damages in
the form of docket fees.
PRAYER
WHERFORE, it is respectfully prayed of the Honorable Court that

Decision be rendered ordering the [respondent] to pay [petitioner] as
follows:

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THIRD DIVISION

G.R. No. 174414

March 14, 2008

WHEREFORE, IN VIEW OF THE FOREGOING, the Court hereby decides this

On 28 May 2004, respondent filed a Petition for Relief from

On 18 November 2005, the RTC granted[11] respondents motion for

Whether or not respondents relief from judgment is proper

Petitioners Complaint before the RTC reads:

On or about August 26, 1998, [herein respondent] obtained from

Upon receipt of the proceeds of the said loan, [respondent]

check became due, [respondent] defaulted to pay her loan

On July 4, 2002, [petitioner] engaged the services of the

In view of [respondent]s refusal to pay her loan, [petitioner] is

WHERFORE, it is respectfully prayed of the Honorable Court that

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