Title
Adez Realty, Inc. vs. Court of Appeals
Case
G.R. No. 100643
Decision Date
Aug 14, 1992
Adez Realty challenged RTC Morong's jurisdiction over Quezon City property reconstitution, citing insufficient notice. CA dismissed, citing res judicata; SC affirmed, clarifying venue vs. jurisdiction.
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Case Digest (G.R. No. 100643)

Facts:

  1. Petition for Annulment: Adez Realty Incorporated filed a petition before the Court of Appeals on December 28, 1990, seeking to annul the order of the Regional Trial Court (RTC) of Morong, Rizal, dated November 20, 1984, which allowed the reconstitution of Transfer Certificate of Title (TCT) No. 12662. The petition also sought to set aside the Court of Appeals' decision in CA-G.R. CV No. 21392 dated July 31, 1990.
  2. Dismissal by the Court of Appeals: On April 30, 1991, the Court of Appeals dismissed the petition for lack of merit. The court ruled that the issues raised were a reiteration of those in CA-G.R. CV No. 21392, which had already become final and executory due to the petitioner's failure to file a motion for reconsideration or appeal.
  3. Jurisdictional Issue: The petitioner questioned whether the RTC of Morong, Rizal, had jurisdiction over reconstitution proceedings involving real property located in Quezon City. Additionally, the petitioner raised concerns about the sufficiency of the publication of the notice of the petition in the Official Gazette and its posting on the bulletin board of the RTC of Morong, Rizal.
  4. Finality of Judgment: The Court of Appeals emphasized that the decision in CA-G.R. CV No. 21392 had attained finality, and the issues raised in the new petition were barred by res judicata.

Issue:

  1. Whether the RTC of Morong, Rizal, had jurisdiction over reconstitution proceedings involving real property situated in Quezon City.
  2. Whether the publication of the notice of the petition in the Official Gazette and its posting on the bulletin board of the RTC of Morong, Rizal, complied with Section 13 of Republic Act No. 26.
  3. Whether the issues raised in the petition were barred by res judicata due to the finality of the decision in CA-G.R. CV No. 21392.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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