4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly SECOND DIVISION [ G.R. No. 234491, February 26, 2020 ] KENNETH C. DUREMDES, PETITIONER, VS. CAROLINE G. JORILLA, RODOLFO C. DE LEON, MANOLITO SIOSON,[*] ELMER B. GASANG, MICHAEL DE CASTRO, GENNETE E. RIVERA, SYLVIA ORBASE, IRENE MAGSOMBOL, NENITA R. DOMAGUING, AND CHERILYN PALMA, RESPONDENTS. DECISION INTING, J.: This is a Petition for Review on Certiorari (With Application for a Temporary Restraining Order and/or Writ of Preliminary Injunction[1] under Rule 45 of the Rules of Court of the Resolutions dated July 25, 2017[2] and September 26, 2017[3] of the Court of Appeals (CA) in CA-G.R. SP No. 151644. The CA dismissed the Petition for Certiorari filed by Kenneth Duremdes (petitioner) and affirmed the Decision[4] dated July 21, 2016 of Branch 97, Regional Trial Court (RTC), Quezon City that denied petitioner's Petition for Relief from Judgment due to lack of merit. Antecedents On August 27, 2009, respondents Caroline G. Jorilla, Rodolfo C. De Leon, Manolito Sioson, Elmer B. Gasang, Michael De Castro, Gennete E. Rivera, Sylvia Orbase, Irene Magsombol, Nenita R. Domaguing, and Cherilyn Palma (collectively, respondents) filed a Complaint for Collection of Sum of Money plus Damages[5] against petitioner and a certain Emerflor B. Manginsay, Jr.[6] (Manginsay). The case was docketed as Civil Case No. Q-09-65496. In their Complaint, respondents sought the recovery of payments they allegedly made to Vitamins & Cebu Artists International, Inc. (VCAII) as the latter's alleged victims of illegal recruitment.[7] Respondents alleged that petitioner and Manginsay were majority stockholders of VCAII.[8] On March 20, 2014, the RTC rendered its Decision[9] awarding the respondents actual and moral damages.[10] In the Decision, the RTC explained that summons was served upon petitioner and Manginsay by publication in the March 29 to April 4, 2010, April 5 to 11, 2010, and April 12 to 18, 2010 issues of Viewliner Weekly News.[11] However, petitioner and Manginsay failed to file their respective answers or any responsive pleading. Thus, upon respondents' motion, the RTC declared petitioner and Manginsay in default and allowed respondents to present their evidence ex parte.[12] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66374 1/16

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