Case Digest (G.R. No. 59731)
Facts:
Alfredo Ching v. The Honorable Court of Appeals & Pedro Asedillo, G.R. No. 59731, January 11, 1990, Second Division, Paras, J., writing for the Court. Petitioner Alfredo Ching is the legitimate son and appointed administrator of the estate of the late Ching Leng; private respondent Pedro Asedillo brought the reconveyance and cancellation suit; the Court of Appeals is the respondent on review.In May 1960 a registration decree (Decree No. N-78716) and Original Certificate of Title were issued to Maximo Nofuente and Dominga Lumandan for a 51,852 sq. m. parcel in Paranaque; in August 1960 a 5/6 portion was reconveyed to members of the Nofuente family and Transfer Certificate of Title (TCT) No. 78633 issued; on September 18, 1961 TCT No. 91137 was issued to Ching Leng following a sale (the earlier TCT being deemed cancelled).
Ching Leng died on October 19, 1965 in Boston. His son Alfredo Ching filed Sp. Proc. No. 1956-P (administration proceedings) in the Court of First Instance (now RTC) Branch III, Pasay City; notice was published, no oppositors appeared, and Alfredo was appointed administrator on December 28, 1965 (letters issued January 3, 1966). The parcel covered by TCT No. 91137 was inventoried in the estate.
Thirteen years after the death, on December 27, 1978, Pedro Asedillo filed Civil Case No. 6888‑P in the Court of First Instance, Branch XXVII, Pasay City, seeking reconveyance of the parcel and cancellation of TCT No. 91137 based on possession. An amended complaint (January 30, 1979) alleged that the defendant resided abroad and could be served only by publication; summons by publication was ordered (February 7, 1979) and published March 1979. The defendant did not answer; on motion of plaintiff the trial court allowed ex parte presentation of evidence (May 25, 1979) and, by default judgment dated June 15, 1979, declared Asedillo the true owner, ordered reconveyance and cancellation of TCT No. 91137, and directed issuance of a new TCT in Asedillo’s name. The judgment was published July 1979, the title was cancelled and a new TCT issued to Asedillo, who sold the property to Villa Esperanza Development, Inc. on September 3, 1979.
Petitioner learned of the judgment on October 29, 1979 and filed a verified petition to set it aside (November 10, 1979). A vacation judge initially granted the petition (May 29, 1980), but on motion the trial court reconsidered and reinstated the June 15, 1979 decision (order of September 2, 1980). Petitioner’s motion for reconsideration was denied (April 12, 1981). Petitioner’s original petition for certiorari with the Court of Appeals was dismissed (September 30, 1981) and his motion for reconsideration denied (February 10, 1982). Private respondent Asedillo died on June 7, 1981 during pendency before the Court of Appeals.
Petitioner then filed the present petition for review on certiorari with the Supreme Court (Rule 45), raising assignments of error that challenged (inter alia) servi...(Subscriber-Only)
Issues:
- Whether service of summons and entry of judgment by publication can validly bind a deceased person and/or his estate.
- Whether an action for reconveyance of property and cancellation of a Torrens title is in personam or quasi in rem.
- Whether ex parte proceedings and a default judgment were proper under the circumstances.
- Whether the trial court acquired jurisdiction over the subject matter and over the person(s) concerned.
- Whether laches bars private respondent’s claim a...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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