Case Digest (G.R. No. 59731) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In May 1960, spouses Maximo Nofuente and Dominga Lumandan obtained Decree No. N-78716 in Land Registration Case No. N-2579 and Original Certificate of Title No. 2433 over a 51,852 sqm parcel in Sitio Kay-Biga, Barrio San Dionisio, Paranaque, Rizal. In August 1960, they reconveyed a 5/6 interest to their five children, who secured Transfer Certificate of Title (TCT) No. 78633. On September 18, 1961, Ching Leng purchased the entire parcel, resulting in TCT No. 91137 and cancellation of TCT No. 78633. Ching Leng died in Boston on October 19, 1965. His son Alfredo Ching was appointed administrator of his estate by the CFI of Rizal, Branch III, Pasay City, on December 28, 1965, after due notice and no oppositors. Thirteen years later, on December 27, 1978, Pedro Asedillo sued Ching Leng and/or his estate in CFI Rizal, Branch XXVII, for reconveyance and cancellation of TCT No. 91137, alleging possession. Because the defendant allegedly resided abroad, summons was served by publication Case Digest (G.R. No. 59731) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Title History and Ownership
- In May 1960, Decree No. N-78716 was issued in LRC Case No. N-2579 to spouses Maximo Nofuente and Dominga Lumandan, covering 51,852 sqm in Sitio Kay-Biga, San Dionisio, Paranaque, Rizal; O.C.T. No. 2433 was issued.
- In August 1960, 5/6 of the land was reconveyed to their children (Francisco, Regina, Perfecta, Constancio, Matilde Nofuente) and TCT No. 78633 issued. On September 18, 1961, that portion was sold to Ching Leng; TCT No. 91137 was then issued, cancelling TCT No. 78633.
- Estate Administration and Civil Case No. 6888-P
- October 19, 1965: Ching Leng died in Boston. His son Alfredo Ching was appointed estate administrator on December 28, 1965 (letters issued January 3, 1966); the land under TCT No. 91137 was inventoried.
- December 27, 1978: Pedro Asedillo filed for reconveyance and cancellation of TCT 91137 in CFI Rizal, Branch XXVII, Pasay City. After an amended complaint alleging unknown status of Ching Leng, summons by publication was ordered February 7, 1979; no answer was filed.
- May 25, 1979: Trial court allowed ex parte evidence; June 15, 1979: default judgment declared Asedillo owner, ordered cancellation of TCT 91137 and issuance of new title. Title was annulled, new TCT issued in Asedillo’s name; property sold to Villa Esperanza Development, Inc. on September 3, 1979.
- October 29, 1979: Alfredo Ching learned of judgment and petitioned to set it aside, granted May 29, 1980; private respondent’s motion for reconsideration reinstated the default decision on September 2, 1980; motion denied April 12, 1981. CA dismissed Ching’s certiorari petition September 30, 1981 (reconsideration denied February 10, 1982). Pedro Asedillo died June 7, 1981. Supreme Court petition filed June 1982.
Issues:
- Whether summons and decision by publication upon the deceased Ching Leng and/or his estate were valid.
- Whether an action for reconveyance and cancellation of title is in personam, and if so whether a deceased and/or his estate can be bound by publication.
- Whether ex parte proceedings were permissible in reconveyance and cancellation of title.
- Whether the trial court acquired jurisdiction over subject matter and parties.
- Whether private respondent’s 19-year delay in asserting reconveyance is barred by laches.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)