UNIVERSITY OF THE VISAYAS

Gullas Law School

Cebu City, 6000

PRACTICE COURT – COURT VISIT

CASE TITLE: Monieland Corporation vs. Danilo A. Balcita, Jr., and Mirasol M.
Fat (M-CEB-23-03285-SMC)
● Collection of Sum of Money
● Hearing Stage

COURT BRANCH: Municipal Trial Court in Cities, Branch 1, Cebu city

DATE OF HEARING: September 29, 2023

I. INTRODUCTION
In this case, Danilo A. Balcita, Jr., borrowed money from Monieland
Corporation in a certain amount. Since Danilo is not a resident of Cebu, he
made Mirasol Fat as an accommodation party so that he will be allowed to
borrow money. Because according to the guidelines set forth by the
Monieland, only residents of Cebu City can apply for their services such as
loans. Thereafter, Danilo defaulted in paying the said borrowed money due to
certain reasons. It was stated that the purpose for borrowing the money was
for him to be able to work abroad. But in fact, he was not able to go abroad to
work.

Thus, aggrieved by the actions of Danilo, Monieland filed a collection for a sum
of money before the Municipal Trial Court in Cities, Branch 1 of Cebu City.
Aside from Danilo, the Monieland also included Marisol Fat as one of the
parties in the case. In fact, in the promissory note, it was stated that Danilo
Balcita and Mirasol Fat are jointly and solidarily liable in case of nonpayment
to the Monieland Corporation.

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When the trial commenced, Danilo failed to attend the trial. However, Marisol
Fat attended the trial for the sole purpose of clearing her name in the case.

II. OBSERVATION
In this case, there was a flaw in the procedural aspect of the case. It was
highlighted that there was a problem in terms of acquiring the jurisdiction
over the person of Danilo Balcita because the service of summons was
defective. The summon that was being contemplated herein is not an ordinary
summon but a substitute summon.

As a rule, a substituted summon is valid and binding only if, for justifiable
causes, the defendant cannot be served personally after at least 3 attempts on
2 different dates, service may be effected:
a) By leaving copies of the summons at the defendant’s residence to a
person at least 18 years of age and of sufficient discretion residing
therein;
b) By leaving copies of the summons at the defendant’s office or regular
place of business with some competent person in charge thereof. A
competent person includes, but is not limited to, one who customarily
receives correspondences for the defendant;
c) By leaving copies of the summons, if refused entry upon making his or
her authority and purpose known, with any of the officers of the
homeowners’ association or condominium corporation, or its chief
security officer in charge of the community or the building where the
defendant may be found; and
d) By sending an electronic mail to the defendant’s electronic mail address,
if allowed by the court.

In this case, the plaintiff corporation failed to comply with one of the
procedural requirements with regards to substituted summons. Thus, there
was no judgment yet from the court since the said principal Danilo Balcita, Jr.
was absent or cannot be found.

But nonetheless the hearing was proper. Because under the law lawyers are
not required to appear herein it being in the nature of a small claims case.
Moreover, because of the appearance of Mirasol Fat, the court acquired
jurisdiction over the person of the defendant.

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In general, I really commend Judge Paqueo for handling a truckload of cases
very well during the morning session. The court was properly in order and all
the parties respectfully greeted each other even including the Judge. I was at
ease following the details of every case because of the court calendar that was
being handed to us so I already had a grasp as to what the case is all about and
who are the parties. In my opinion, it is very important to have a guide,
especially that there are plenty of cases so that it will be easy for the Judge,
staff, parties, and the audience to go over the case.

SUBMITTED BY:
Rapanan, Rolyn S.

ATTACHMENTS:
1. Court Calendar
2. Certificate of Appearance

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