Title
Domagas vs. Jensen
Case
G.R. No. 158407
Decision Date
Jan 17, 2005
Domagas sued Jensen for forcible entry; MTC ruled for Domagas, but RTC and CA annulled it due to improper summons service, upheld by SC.

Case Digest (G.R. No. 205490)
Expanded Legal Reasoning Model

Facts:

  • Proceedings in the Municipal Trial Court (MTC)
    • On February 19, 1999, petitioner Filomena Domagas filed a forcible entry complaint against respondent Vivian Layno Jensen before the MTC of Calasiao, Pangasinan, alleging ownership of an 827 m² parcel (OCT No. P-30980) and that, on January 9, 1999, respondent by force, strategy and stealth excavated 68 m² and erected a fence.
    • Petitioner prayed for:
1) Permanent preliminary mandatory injunction; 2) Ejection of respondent and related reliefs; 3) Reasonable rental of ₱5,000/month from January 9, 1999 until vacation and restoration; 4) Actual damages ₱20,000, moral damages ₱20,000, exemplary damages ₱20,000, attorney’s fees (₱30,000 retainer + ₱1,500 per appearance), and costs.
  • Service of Process and MTC Decision
    • Respondent was abroad; the Sheriff substituted service on her brother Oscar Layno at No. 572, Brgy. Buenlag, who signed for the summons.
    • On May 17, 1999, the MTC ordered respondent to vacate the 68 m², pay ₱1,000/month rental, actual damages ₱20,000, attorney’s fees ₱15,000, exemplary damages ₱20,000, and costs.
  • Annulment Petition in the Regional Trial Court (RTC)
    • Respondent did not appeal; a writ of execution issued September 27, 1999.
    • On August 16, 2000, respondent filed Civil Case No. 2000-0244-D in the RTC, seeking annulment of the MTC decision for lack of jurisdiction over her person and alleged lack of prior possession by petitioner.
    • Documentary evidence included respondent’s passport (abroad since February 17, 1999), a 1997 lease of her house to Eduardo Gonzales, affidavits of respondent, Oscar Layno and Gonzales, petitioner’s deed of sale (1992), mortgage contract (February 9, 1999), neighbor affidavits and voter records.
  • RTC and Court of Appeals (CA) Rulings
    • The RTC rendered judgment nullifying the MTC decision for lack of jurisdiction and awarded respondent ₱50,000 each for actual damages, moral damages, exemplary damages, attorney’s fees, plus costs.
    • On May 6, 2003, the CA affirmed with modifications, holding the forcible entry action as quasi in rem requiring extraterritorial service under Rule 14, §§ 15–16, without which service was invalid.
  • Petition for Review to the Supreme Court
    • The petitioner filed a Rule 45 petition assailing the CA’s characterization of the action and the finding of invalid service.
    • The sole issue before the Supreme Court became: Was service of summons on respondent valid under the Rules of Court?

Issues:

  • Whether a forcible entry action is in personam or quasi in rem.
  • Whether there was valid service of the summons and complaint on respondent under Rule 14 of the Rules of Court.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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