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* SECOND DIVISION.
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time to file her answer to the complaint which the trial court
granted. She even admitted in the said motion that she was served
with a copy of the complaint as well as the summons.
Same; Evidence; Judicial Admissions; Admissions made in a
motion are judicial admissions which are binding on the party who
made them; Such party is precluded from denying the same unless
there is proof of palpable mistake or that no such admission was
made.The admissions made in a motion are judicial admissions
which are binding on the party who made them. Such party is
precluded from denying the same unless there is proof of palpable
mistake or that no such admission was made.
Same; Same; Same; Filing of motion through counsel binds the
client and submits her to the jurisdiction of the trial court; The same
with the service of the decision is binding and conformably to Rule
13, Section 2 of the Rules of Court.By filing the said motion,
through counsel, the petitioner thereby submitted herself to the
jurisdiction of the trial court. Indeed, in Busuego vs. Court of
Appeals, we ruled that: A voluntary appearance is a waiver of the
necessity of a formal notice. An appearance in whatever form,
without explicitly objecting to the jurisdiction of the court over the
person, is a submission to the jurisdiction of the court over the
person. While the formal method of entering an appearance in a
cause pending in the courts is to deliver to the clerk a written
direction ordering him to enter the appearance of the person who
subscribes it, an appearance may be made by simply filing a formal
motion, or plea or answer. This formal method of appearance is not
necessary. He may appear without such formal appearance and
thus submit himself to the jurisdiction of the court. He may appear
by presenting a motion, for example, and unless by such appearance
he specifically objects to the jurisdiction of the court, he thereby gives
his assent to the jurisdiction of the court over his person. When the
appearance is by motion objecting to the jurisdiction of the court
over his person, it must be for the sole and separate purpose of
objecting to the jurisdiction of the court. If his motion is for any
other purpose than to object to the jurisdiction of the court over his
person, he thereby submits himself to the jurisdiction of the court.
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RESOLUTION
The Antecedents
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3
Other just and equitable relief is also prayed for.
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8Id., at p. 69.
9 Id., at p. 221.
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10 Id., at p. 231.
11CA Rollo, p. 44.
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SO ORDERED.
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12Id., at p. 79.
13Section 4, Rule 129, of the Revised Rules of Evidence reads:
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14151 SCRA 376 (1987), citing Flores v. Zurbito, 37 Phil. 746 (1918).
15Id., at p. 385.
16 SEC. 2. Filing and service, defined.Filing is the act of presenting
the pleading or other paper to the clerk of court.
Service is the act of providing a party with a copy of the pleading or
paper concerned. If any party has appeared by counsel, service upon him
shall be made upon his counsel or one of them, unless service upon the
party himself is ordered by the court. Where one counsel appears for
several parties, he shall only be entitled to one copy of any paper served
upon him by the opposite side.
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opportunity to be heard. A party who opts not to avail of
the opportunity to answer cannot complain of procedural
due process. There can be no denial of due process where a
party had the opportunity to participate in the proceedings
but failed to do so through his own fault.
WHEREFORE, the petition is DENIED DUE COURSE.
The assailed decision of the Court of Appeals dated June 7,
2000 is hereby AFFIRMED. Costs against the petitioner.
SO ORDERED.
o0o
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