VILLA, PATRIMONIO AND ASSOCIATES

Iloilo City

25 January 2020

Adrian Stark
Brgy.Sta. Isabel, Jaro, Iloilo City

Re: Petition for Review - Collection of Sum of Money and Damages

Mr. Stark,

This is the legal opinion pertaining to the petition filed against you regarding the collection of
the sum of money in total of ₱ 270,818.01.

The following are the facts presented as per our discussion . A complaint for collection of
sum of money and damages was filed by Perry Maui with the Municipal Trial Court in Cities
(MTCC), Iloilo City on July 28, 2019 against you. Petitioner alleged that on several
occasions from February 2018 to May 2018, you purchased on credit petroleum products
from his Petron outlet in Iloilo City in the aggregate amount of ₱ 270,818.01. Perry further
claimed that despite several verbal demands, Adrian failed to settle his obligation.

Despite receipt of the summons and a copy of the said complaint, which per the records of
the case below were served through your wife Scarlet Stark on August 31, 2018, you failed to
file his answer with the MTCC.

On November 18, 2019, Perry filed a motion with the MTCC to declare you in default for
your failure to file your answer. You opposed Perry’s motion, claiming that you did not
receive a copy of the summons and a copy of Perry’s complaint. Hearing on the said motion
was set on January 25, 2019, but was later reset to March 8, 2019. You failed to appear at
the next scheduled hearing, and the MTCC issued an order declaring you in default. A copy
of the said order was sent to you on May 9, 2019. Perry was then allowed to present his
evidence ex parte.

On October 31, 2019, the MTCC rendered a Decision directing you to pay the petitioner your
outstanding obligation in the amount of ₱ 270,818.01, as well as attorney’s fees and
litigation expenses and costs in the amounts of ₱ 15,000.00 and ₱ 3,350.00, respectively.
The MTCC opined that Adrian’s failure to file an answer despite notice is a tacit admission
of Perry’s claim.

I recommend filing an appeal to the MTCC Decision dated November 15, 2019 to the RTC,
asserting that the MTCC’s disposition is factually baseless and that he was deprived of due
process. The defendant in default may, at any time after discovery thereof and before
judgment, file a motion, under oath, to set aside the order of default on the ground that his
failure to answer was due to fraud, accident, mistake or excusable neglect, and that he has
meritorious defenses.

Sincerely,

ATTY. JHEA MAE GACO

VILLA, PATRIMONIO AND ASSOCIATES