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Question 5

2025 Bar · Remedial Law · 1 sub-question

9. In a case for sum of money filed by A against PT Production Company (PTPC), the latter was declared in default for filing its answer one day late. In its motion to lift the order of default, PTPC explained that the belated filing of the answer was due to sheer inadvertence for which it asked the court’s consideration in the interest of substantial justice. The trial court, however, denied the motion, stating that the reglementary period for filing the answer must be strictly followed. PTPC thereafter went to the Court of Appeals on a petition for certiorari, charging the trial judge with grave abuse of discretion amounting to lack or excess of jurisdiction for upholding technicalities over substantial justice. In his comment, A argued that the petition for certiorari should be dismissed for being an improper remedy. According to him, the correct remedy is appeal after the trial court shall have already rendered a judgment on the merits. Decide with reason(s).

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