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[2/3] Carmelita Pelaez Sahagun Vs. Court Of Appeals, Et Al.

[2/3] CARMELITA PELAEZ SAHAGUN, petitioner, vs. COURT OF APPEALS, JUDGE JOB B. MADAYAG, in his capacity as Presiding Judge of Branch 145, Regional Trial Court of Makati, and FILINVEST CREDIT CORPORATION, respondents. Ven V. Paculan for petitioner. Labaguis, Loyola, Angara & Associates for private respondents.

G.R. No. 78328 | 1991-06-03

Separate Opinions

SARMIENTO, J., concurring and dissenting:

I concur, but only in the result. I am agreed that the failure of the trial court to serve, by registered mail, copies of the summons and complaint to the defendant's last known correct address 1 is a defect which can not justify an order of default. I am also agreed that at any rate, assuming that default were proper, it will not preclude the non-defaulting party (the petitioner) from presenting evidence to defeat the private respondent's claims.

I dissent, however, insofar as the majority would sustain the correctness of extrajudicial service of summons by publication in a...