Petitioner correctly points out that the rule is that a defendant's
answer should be admitted where it is filed before
a declaration of default and no prejudice is caused to the plaintiff.
Indeed, where the answer is filed beyond the reglementary period but before
the defendant is declared in default and there is no showing that defendant
intends to delay the case, the answer should be admitted (Sablas v.
Sablas, G.R. No. 144568, July 3, 2007, 526 SCRA 292, 298). x x x x
In the case at bar, it is inconsequential that the trial
court declared petitioner in default on the same day that petitioner filed its
Answer. As reflected above, the
trial court slept on petitioner’s Motion to Dismiss for almost a year, just
as it also slept on respondents’ Motion to Declare petitioner in Default. It
was only when petitioner filed a Motion to Withdraw Motion to Dismiss and to
Admit Answer that it denied the Motion to Dismiss, and acted on/granted
respondents’ Motion to Declare petitioner in Default. This is procedurally
unsound.
The policy of the law is to have
every litigant's case tried on the merits as much as possible. Hence, judgments
by default are frowned upon. A case is best decided when all contending parties
are able to ventilate their respective claims, present their arguments and
adduce evidence in support thereof. The parties are thus given the chance to be
heard fully and the demands of due process are subserved. Moreover, it is only
amidst such an atmosphere that accurate factual findings and correct legal
conclusions can be reached by the courts. (SAN PEDRO CINEPLEX
PROPERTIES vs. HEIRS OF MANUEL HUMADA ENAÑO, G.R. No. 190754, November 17,
2010, CARPIO MORALES, J.)
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