![]() ![]() Two days before this deadline, however, or on October 1, defendant filed a motion for a bill of particulars. Herein petitioner, who was defendant in the court below and who was served with summons on September 18, had therefore until October 3 within which to file its answer. The Rules of Court give the defendant in an action 15 days, after service of summons, to file his answer (section 1, Rules 9). The motion having been denied, defendant came to this Court with a petition for certiorari and prohibition to annul the order and judgment aforementioned and prevent the writ issued for the execution of said judgment from being carried out. On hearing news of what had happened, defendant on December 13, filed a motion to set aside the order and judgment above-mentioned and to decide its motion for a bill of particulars, alleging that the said order was illegal and invalid in that it declared defendant in default before its time for filing its answer had expired, and that the said judgment was for that same reason also null and void. Thereafter, the court allowed plaintiff to present his evidence, and on October 29 rendered its judgment awarding plaintiff the sum of P128,604.14. Resolving the two motions together, the court, on October 16, handed down an order, of which the defendant was not notified, declaring the latter in default and denying its motion for a bill of particulars as filed out of time. But at the hearing no one appeared for defendant, and the attorney for plaintiff, who was present, made a verbal motion to have the defendant declared in default. ![]() Served with summons and a copy of the complaint five days later (September 18), the herein petitioner, as defendant in said action, moved for a bill of particulars on October 13. On September 13, 1951, the herein respondent Jose Abesamis filed an action in the Court of First Instance of Leyte for the rescission of a contract to supply lumber to the petitioner at an agreed price and for damages for the breach of said contract. Montilla and Jimenez for respondent Jose Abesamis. MOSCOSO, Judge of the Court of First Instance of Leyte JOSE ABESAMIS and the SHERIFF OF MANILA, respondents. ![]()
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