Case Digest (G.R. No. 91260) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Express Padala (Italia) S.P.A.) now BDO Remittance (Italia) S.P.A. (“BDO Remittance”), a corporation organized under Italian law, employed respondent Helen M. Ocampo as a remittance processor in September 2002. In February 2004, Ocampo was dismissed for falsifying money‐transfer invoices totaling €24,035.60. BDO Remittance filed a criminal complaint in the Court of Turin, Italy, where Ocampo pleaded guilty and, on April 13, 2005, was sentenced to six months’ imprisonment and a €300 fine, with enforcement suspended. On September 22, 2008, BDO Remittance petitioned the Regional Trial Court (RTC) of Mandaluyong City (Civil Case No. MC08-3775) for recognition of the Turin decision and for the Department of Foreign Affairs (DFA) to cancel or restrict Ocampo’s Philippine passport. On November 21, 2008, the sheriff attempted personal service of summons at Ocampo’s alleged address in Tanauan, Batangas, but discovered she had already moved to Italy. He instead left the summons with he Case Digest (G.R. No. 91260) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Background
- Petitioner: Express Padala (Italia) S.p.A., now BDO Remittance (Italia) S.p.A., a corporation with principal office in Italy.
- Respondent: Helen M. Ocampo, employed by petitioner in September 2002 as a remittance processor; dismissed in February 2004 for misappropriating €24,035.60 by falsifying customer money-transfer invoices.
- Proceedings Below
- Criminal Conviction in Italy
- BDO Remittance filed criminal charges before the Court of Turin.
- On April 13, 2005, Ocampo pleaded guilty and was convicted to six months’ imprisonment (suspended) and a €300 fine.
- Petition for Recognition of Foreign Judgment
- On September 22, 2008, petitioner filed with the RTC of Mandaluyong City for recognition of the Turin decision and requested DFA to cancel or restrict Ocampo’s Philippine passport.
- Sheriff attempted personal service on November 21, 2008 at Ocampo’s last known Batangas address but, upon learning Ocampo resided in Italy, effected substituted service on her uncle, Victor Macahia.
- RTC Decision
- Ocampo failed to answer; RTC declared her in default and allowed ex parte presentation of evidence.
- On September 14, 2009, RTC recognized the Turin decision and ordered DFA to cancel or restrict Ocampo’s passport until sentence served.
- Court of Appeals (CA) Proceedings
- Ocampo, through counsel, filed a Rule 65 petition for certiorari on April 12, 2010, challenging service and jurisdiction.
- On January 5, 2012, CA set aside the RTC decision for lack of valid service and lack of jurisdiction.
- Supreme Court Petition
- Petitioner filed a Rule 45 petition arguing (a) improper remedy by Ocampo and (b) no grave abuse of discretion by RTC.
- Ocampo presented a June 29, 2010 Turin High Court decree extinguishing her criminal liability.
Issues:
- Jurisdictional Service
- Was substituted service upon Ocampo valid under Rule 14 of the Rules of Court?
- Did the RTC acquire jurisdiction over Ocampo’s person?
- Recognition and Enforcement
- Did the RTC gravely abuse its discretion in recognizing and enforcing the Court of Turin decision?
- Was the order to cancel or restrict Ocampo’s passport proper?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)