G.R. No. 154462. January 19, 2011.
Main Topic – Rule 45.
Spouses Superales filed a complaint for forcible entry, damages, and attorney’s fees against the Spouses Leynes before the Municipal Circuit Trial Court (MCTC). However, Spouse Leynes filed their Answer with Counterclaim and Motion to Admit Belatedly Filed Answer after the 10-day period for the filing of answer prescribed. Spouses Superales subsequently filed an Ex Parte Motion for Judgment, in which they prayed that since the spouses Leynes failed to file their answer to the Complaint within the prescribed period, then judgment could now be rendered based on the evidence and allegations contained in the Complaint. The MCTC rendered its Judgment denying the Spouses Leynes’ Motion to Admit Belatedly Filed Answer and resolving the case entirely in the Spouses Superales’ favor.