Case Digest (G.R. No. 252467)
Facts:
Frank Colmenar, in his capacity as an heir of the late Francisco Colmenar, G.R. No. 252467, June 21, 2021, the Supreme Court Second Division, Lazaro‑Javier, J., writing for the Court.Petitioner filed a complaint on September 11, 2018 in the Regional Trial Court (RTC), Branch 23, Trece Martires City, Cavite (Civil Case No. TMCV‑062‑18) seeking declaration of nullity of extrajudicial settlements of estate, annulment/cancellation of subsequent deeds of sale and titles, and damages against respondents Apollo A. Colmenar, Jeannie Colmenar Mendoza, Victoria Jet Colmenar, and corporate respondents Philippine Estates Corporation (PEC), Amaia Land Corporation (Amaia), Crisanta Realty Development Corporation (Crisanta Realty), and Property Company of Friends (ProFriends), plus the Register of Deeds of Cavite. Petitioner alleged he is the legitimate son and heir of Francisco Jesus Colmenar, who left several titled properties in General Trias, Cavite; that the individual respondents (Apollo, Jeannie, Victoria) falsely represented themselves as heirs in extrajudicial settlements (2008, 2011) and thereafter sold the properties to the corporate respondents without petitioner’s knowledge or consent.
The corporate respondents answered. PEC and Crisanta Realty moved to set their affirmative defenses for preliminary hearing; Apollo and Amaia filed motions to dismiss; ProFriends asserted lack of cause of action in its answer. On April 1, 2019 an assisting judge granted the motion to set affirmative defenses for hearing, but on December 26, 2019 Judge Jean Desuasido‑Gill set aside that order and deemed the motions submitted. On February 12, 2020 Judge Gill issued an Omnibus Order denying Apollo’s and Amaia’s motions to dismiss and exercising discretion under Rule 16, Sec. 1 to deny motions to hear affirmative defenses (finding issues better threshed out at trial). PEC, Crisanta Realty, and Amaia filed motions for reconsideration of the Omnibus Order.
The 2019 Amendments to the 1997 Revised Rules on Civil Procedure (the "2019 Rules") took effect May 1, 2020. On May 22, 2020 Judge Gill issued the assailed Order applying Section 12, Rule 8 of the 2019 Rules to resolve motu proprio common affirmative defenses (that the pleading states no cause of action) and dismissed the complaint for failure to state a cause of action as against PEC, Amaia, Crisanta Realty and ProFriends, reasoning the complaint did not allege the corporate respondents were purchasers in bad faith or had notice of defects in their vendors’ titles and deeming them innocent purchasers for value under the Torrens system. The court also ordered petitioner to file summaries of witnesses and judicial affidavits under the 2019 Rules.
Because Section 12, Rule 15(c) of the 2019 Rules prohibited motions for reconsideration of a court’s action on affirmative defenses, petitioner argued he was precluded...(Pro-only)
Issues:
- Does the petition present pure questions of law amenable to a Rule 45 petition for review on certiorari?
- Did the trial court commit reversible error by applying the 2019 Amendments (specifically Section 12, Rule 8) to resolve affirmative defenses in this pending case?
- Did the trial court commit reversible error in dismissing the complaint against the corporate respondents for fa...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)