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Toco vs. Fay

MAxIMA GARCIA LIM TOCO, plaintiff-appellant, vs. GO FAY, defendant-appellee.

G.R. No. L-1423 1 | 1948-01-31

D E C I S I O N

FERIA, J:

The question for us to determine is whether or not a defendant declared in default in the lower court, has the right to be heard or to file brief or memoranda in this Court on appeal.

We are of the opinion, and so hold that a defendant in default is not entitled to notice of the proceedings until the final termination of the case, and therefore he has no right to be heard or file brief or memoranda on appeal. Section 9, Rule 27, provides that "no service of papers shall be necessary on a party in default, except when he files a motion to set aside the order of default in which event he is entitled to notice of...