THIRD DIVISION
G.R. NO. 167213, October 31, 2006
DARREL CORDERO, EGMEDIO BAUTISTA, ROSEMAY
BAUTISTA, MARION BAUTISTA, DANNY BOY CORDERO,
LADYLYN CORDERO AND BELEN CORDERO, PETITIONERS,
VS. F.S. MANAGEMENT & DEVELOPMENT CORPORATION,
RESPONDENT.
DECISION
CARPIO-MORALES, J.:
In its Pre-trial Order[10] of June 9, 1997, the trial court set the
pre-trial conference on July 8, 1997 during which neither
respondent's representative nor its counsel failed to appear.
And respondent did not submit a pre-trial brief, hence, it was
declared as in default by the trial court which allowed the
presentation of evidence ex parte by petitioners. [11]
SO ORDERED.
Their motion for reconsideration having been denied,
petitioners filed the present petition for review which raises
the following issues:
1. Whether the Court of Appeals erred in ruling
on the nature of the contract despite the fact
that it was not raised on appeal.
[1]
Penned by Associate Justice Jose C. Reyes, Jr. and
concurred in by Associate Justices Portia Alio-
Hormachuelos and Josefina Guevara-Salonga.
[2]
RTC records, p. 2; CA rollo, p. 39.
[3]
Id. at 72-77.
[4]
Id. at pp. 75-76.
[5]
Id. at 189.
[6]
Id. at 190.
[7]
Id. at 87-89.
[8]
Id. at 1-15.
[9]
Id. at 24-30.
[10]
Id. at 54.
[11]
Id. at 69.
[12]
Id. at 187-194.
[13]
Id. at 90 & 194.
[14]
Id. at 195.
[15]
Id. at 101-106.
[16]
Id. at 130-131.
[17]
CA rollo, pp. 89-92.
[18]
RTC Records, pp. 200-203.
[19]
CA rollo, pp. 44-45.
[20]
Id. at 150-166.
[21]
Article 1191 of the Civil Code provides: