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PASCUAL and EMMA SERVILLION writing to enter into an amicable settlement, to submit to
PASCUAL, Petitioners alternative modes of dispute resolution, and to enter into
vs. stipulations or admission of facts and of documents.
FIRST CONSOLIDATED RURAL BANK (BOHOL), INC.,
ROBINSONS LAND CORPORATION and ATTY. ANTONIO P. Sec. 5. Effect of failure to appear.- The failure of the plaintiff to
ESPINOSA, Register of Deeds, Butuan City, Respondents appear when so required pursuant to the next preceding section
shall be cause for dismissal of the action. The dismissal shall be
DECISION with prejudice, unless otherwise ordered by the court. A similar
failure on the part of the defendant shall be cause to allow the
BERSAMIN, J.: plaintiff to present his evidence ex parte and the court to render
judgment on the basis thereof.
On February 14, 2011, the petitioners filed a petition for
annulment of judgment in the Court of Appeals (CA) in order to Sec. 6. Pre-trial brief - x x x
nullify and set aside the decision rendered in Special Proceedings
Case No. 4577 by the Regional Trial Court in Butuan City (RTC) Failure to file the pre-trial brief shall have the same effect as
ordering the cancellation of their notice of lis pendens recorded in failure to appear at the pre-trial.
Transfer Certificate of Title No. RT-42190 of the Register of
Deeds of Butuan City.1 Petitioners, instead of complying with our order, filed the twin
motions, averring that it behooves us to rule first on their motions
After the responsive pleadings to the petition were filed, the CA before pre-trial could be conducted, "especially with the
scheduled the preliminary conference on October 4, 2011, and incompatibility of a pending Motion for Summary Judgment vis-a-
ordered the parties to file their respective pre-trial briefs.2 Instead vis the conduct of pre-trial conference."
of filing their pre-trial brief, the petitioners filed a Motion for
Summary Judgment and a Motion to Hold Pre-Trial in Considering that a Petition for Annulment of Judgment is an
Abeyance.3 At the scheduled preliminary conference, the original action before the Court of Appeals, pre-trial is mandatory,
petitioners and their counsel did not appear.4 per Section 6 of Rule 47 of the Rules of Court, whereby the
failure of the plaintiff to appear would mean dismissal of the
On November 16, 2011, the CA promulgated the first assailed action with prejudice. The filing of a pre-trial brief has the same
resolution dismissing the petition for annulment of import.
judgment,5 stating:
In fact, contrary to petitioners' assertion, it is only at the pre-trial
Section 4 through 6 of Rule 18 of the Rules of Court provide, viz: that the rules allow the courts to render judgment on the
pleadings and summary judgment, as provided by Section 2 (g) of
Sec. 4. Appearance of parties. - It shall be the duty of the parties Rule 18 of the Rules of Court, viz:
and their counsel to appear at the pre-trial. The non-appearance
of a party may be excused only if a valid cause is shown therefor Sec. 2. Nature and purpose. - The pre-trial is mandatory. The
or if a representative shall appear in his behalf fully authorized in court shall consider:
x x xx The Supreme Court has invariably ruled that while "litigation is
not a game of technicalities," it is equally important that every
(g) The propriety of rendering judgment on the pleadings, or case must be prosecuted in accordance with the procedure to
summary judgment, or of dismissing the action should a valid insure an orderly and speedy administration of justice.6
ground therefor be found to exist.
Aggrieved, the petitioners filed their Motion for Reconsideration
Moreover, in an Order dated October 20, 2011, we noted (on the Resolution dated 16 November 2011),7which the CA
petitioners and counsel's special appearance via a new counsel, denied on January 9, 2012 for being filed out of time.8 Unrelenting,
but failed to accept the same as the latter was not armed with the they presented a Respectful Motion for Reconsideration (on the
appropriate documents to appear as such. Therefore, it was as if Resolution dated 9 January 2012), which the CA also denied on
petitioners did not appear during the Preliminary Conference. June 20, 2012.9
It is not for the petitioners to arrogate whether or not pre-trial may Hence, this appeal by petition for review on certiorari.
be suspended or dispensed with, or that their motions be
resolved first, as the same are discretionary upon the court taking Ruling of the Court
cognizance of the petition. Furthermore, their failure to furnish
private respondent Robinsons Land Corporation a copy of We deny the petition for review for its lack of merit.
their Motion for Reconsideration of our denial of their TRO and/or
WPI, and to submit proof of service thereof to this court is 1.
tantamount to failure to obey lawful orders of the court. 1w phi 1
SO ORDERED.