Case Digest (G.R. No. L-27682)
Facts:
- Timoteo Dultra and Cecilia Dultra are the petitioners.
- Respondents include the Honorable Court of First Instance of Agusan, Judge Manuel Lopez Enage, Macario C. Conde (Provincial Sheriff and Clerk of Court), Esperanza Kuizon Gonzales, and Socorro Kuizon Viray.
- On April 29, 1964, Gonzales and Viray filed a complaint against the Dultra spouses for recovery of a two-hectare riceland in Calibunan, Cabadbaran, Agusan, claiming inheritance from their deceased mother.
- The plaintiffs alleged that the land was sold invalidly by their brother, Ruben Kuizon, to Avelina C. de los Reyes in 1949, who sold it to the Dultra spouses in 1951 for P900.
- Patrolman Gabriel Bernal attempted to serve summons to the Dultra spouses on May 12, 1964, but they allegedly refused to accept it.
- After five months of inaction from the plaintiffs, they filed a motion on September 2, 1964, claiming the Dultra spouses had been served and failed to respond.
- The court declared the Dultra spouses in default on January 2, 1965, allowing the plaintiffs to present evidence ex parte.
- On April 14, 1965, the court ruled the sale to the Dultra spouses void concerning two-thirds of the land and ordered them to pay damages.
- The Dultra spouses received the decision on June 23, 1965, and filed a motion for reconsideration on July 12, 1965, arguing improper service of summons.
- The lower court denied their motion, asserting the chief of police is an ex officio deputy sheriff.
- The Dultra spouses' petition for relief from judgment was also denied, and their appeal record was disapproved, leading to a writ of execution on April 15, 1967.
- They subsequently filed a petition for certiorari to annul the lower court's judgment and proceedings.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of the Dultra spouses.
- The Court determined that the lower court did not acquire jurisdiction over the Dultra spouses due to improper service of summons.
- The Court set aside the lower court's order of default and judgment.
- The Dultra spou...(Unlock)
Ratio:
- The Court emphasized that Patrolman Bernal did not serve the summons to the Dultra spouses, indicating the lower court lacked jurisdiction.
- Proper service of summons is essential for a court to acquire jurisdiction; any trial or judgment without it is null an...continue reading
Case Digest (G.R. No. L-27682)
Facts:
The case involves Timoteo Dultra and Cecilia Dultra as petitioners against the Honorable Court of First Instance of Agusan, Judge Manuel Lopez Enage, Macario C. Conde (Provincial Sheriff and Clerk of Court), and Esperanza Kuizon Gonzales and Socorro Kuizon Viray as respondents. The events leading to this case began on April 29, 1964, when the sisters Gonzales and Viray filed a complaint against the Dultra spouses for the recovery of a two-hectare irrigated riceland in Calibunan, Cabadbaran, Agusan, which they claimed to have inherited from their deceased mother. They alleged that the land was sold invalidly by their brother, Ruben Kuizon, to Avelina C. de los Reyes in 1949, who subsequently sold it to the Dultra spouses in 1951 for P900.
On May 12, 1964, Patrolman Gabriel Bernal attempted to serve the summons to the Dultra spouses at their residence, but they allegedly refused to accept it. The sheriff's office reported this refusal, and for five months, no action was taken by the plaintiffs. On September 2, 1964, the plaintiffs filed a motion claiming that the Dultra spouses had been served and had failed to respond, leading the court to declare them in default on January 2, 1965. The court allowed the plaintiffs to present their evidence ex parte, resulting in a decision on April 14, 1965, which declared the sale to the Dultra spouses void concerning two-thirds of the land and ordered them to pay damages.
The Dultra spouses received the decision on June 23, 1965, and filed a motion for reconsideration on July 12, 1965, arguing that they had not been properly served with summons. They contended that the service was invalid...