MANILA, Philippines - Martial law-era Armed Forces chief Fabian Ver was denied due process when a court in Quezon City declared him in default on Aug. 17, 1990 and ordered him to pay P350,000 in damages to former military detainees, the Supreme Court (SC) has ruled.
The decision also covered several of Ver’s subordinates in the military.
The SC’s Third Division affirmed a Court of Appeals decision remanding the case to the lower court for further proceedings.
The SC ruled that Ver and his co-respondents were deprived of due process when the trial court declared them in default based on a defective mode of service.
“The rules of service of pleadings, motions, notices, orders, judgments and other papers were not strictly followed in declaring the respondents in default,” read the SC decision.
The Quezon City Regional Trial Court committed procedural lapses in declaring Ver and his co-respondents in default and allowed petitioners to present evidence ex-parte, the SC said.
Associate Justice Jose Mendoza penned the SC ruling.
Concurring were Justices Presbitero Velasco Jr., Diosdado Peralta, Roberto Abad and Estela Perlas-Bernabe.
The SC viewed the RTC’s decision as an “attempt” to serve notice to file an answer by personal service and/or by mail.
“(However) these proper and preferred modes of service were never resorted to,” read the SC decision.
The SC said the RTC did not also resort to a third mode of service – substituted service or delivering a copy to the clerk of court.
“Instead, the Regional Trial Court authorized an unrecognized mode of service under the Rules, which was notice to file answer by publication,” read the SC decision.
The SC said the RTC should have been more patient.
“(It) should not have simply abandoned the preferred modes of service when the petitioners failed to comply with its Aug. 17, 1990 order with the correct addresses,” read the SC decision.
The case arose from the damage suit of Rogelio Aberca and 18 others on Jan, 25, 1983.
The military arrested and detained Aberca’s group on suspicion of being subversives.
They won the case at the trial court in February 1993.
Ver died in exile after President Ferdinand Marcos was ousted in1986.
His remains were later brought home and buried in his hometown in Ilocos Norte.