2000 Bar: Defendant was declared in default by the RTC. Plaintiff was allowed to present evidence in support of his complaint. Photocopies of official receipts and original copies of affidavits were presented in court, identified by the plaintiff on the witness stand and marked as exhibits. Said documents were offered by the plaintiff and admitted in evidence by the court on the basis of which the RTC rendered a judgment in favor of the plaintiff pursuant to the relief prayed for. Upon receipt of the judgment, defendant appeals to the CA claiming that the judgment is not valid because the RTC based its judgment on mere photocopies and affidavits of persons not presented in court.
Is the claim of defendant valid?
No, the claim of the defendant is not valid. Under the 1997 Rules, reception of evidence is not required. After the declaration of default against defendant, the court shall proceed to render the judgment granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to submit the evidence, which may be delegated to the Clerk of Court (Sec. 3, Rule 9).
