Case Digest (G.R. No. 157445)
Facts:
- Segundina A. Galvez (Petitioner) filed a case against the Hon. Court of Appeals, Spouses Honorio C. Montano and Susana P. Montano, and the Philippine National Bank (Respondents).
- The case originated from a parcel of land in Barangay District II, Babatngon, Leyte, originally owned by Eustacio and Segundina Galvez.
- Following their marital separation, Eustacio sold the property to their daughter Jovita on January 6, 1981, without Segundina's knowledge or consent.
- Jovita mortgaged the property to the Philippine National Bank (PNB) on March 9, 1981, to secure a loan.
- After Jovita defaulted, PNB extrajudicially foreclosed the property and acquired it as the highest bidder.
- On June 10, 1992, the Montanos purchased the property from PNB.
- Segundina refused to vacate the property, prompting the Montanos to file a suit for recovery of ownership and possession in the Municipal Trial Court (MTC) of Babatngon, Leyte.
- Segundina argued that the sale from Eustacio to Jovita was null and void due to lack of her consent, rendering subsequent transactions void.
- The MTC ruled in favor of the Montanos on February 4, 2000, stating the sale was merely voidable and that Segundina failed to annul it within the ten-year period prescribed by Article 173 of the Civil Code.
- The MTC ordered Segundina to vacate the property and pay damages.
- Segundina appealed to the Regional Trial Court (RTC), which affirmed the MTC's decision on November 29, 2000.
- After a denied motion for reconsideration on April 22, 2002, Segundina filed a petition for review with the Court of Appeals (CA).
- The CA dismissed her petition on June 25, 2002, for failing to attach necessary pleadings and material portions of the record.
- Segundina's motion for reconsideration was denied on February 6, 2003, leading her to appeal to the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted Segundina's petition for review, reversed the CA's dismissal, and reinstated the case for resolution on the merits. ...(Unlock)
Ratio:
- The Supreme Court held that the failure to attach copies of pleadings and other material portions of the record should not result in the outright dismissal of a petition for review.
- The Court emphasized that the CA should have assessed the sufficiency of the attachments provided by Segundina, which included certified true copies...continue reading
Case Digest (G.R. No. 157445)
Facts:
The case involves Segundina A. Galvez (Petitioner) against the Hon. Court of Appeals, Spouses Honorio C. Montano and Susana P. Montano, and the Philippine National Bank (Respondents). The events leading to the case began with a parcel of land located in Barangay District II, Babatngon, Leyte, originally owned by Eustacio and Segundina Galvez. Following a marital separation, Eustacio sold the property to their daughter Jovita on January 6, 1981, without Segundina's knowledge or consent. Subsequently, Jovita mortgaged the property to the Philippine National Bank (PNB) on March 9, 1981, to secure a loan. After Jovita defaulted, PNB extrajudicially foreclosed the property, acquiring it as the highest bidder. On June 10, 1992, the Montanos purchased the property from PNB. When they attempted to take possession, Segundina refused to vacate, leading the Montanos to file a suit for recovery of ownership and possession in the Municipal Trial Court (MTC) of Babatngon, Leyte.
In her defense, Segundina argued that the sale from Eustacio to Jovita was null and void due to lack of her consent, rendering subsequent transactions void as well. On February 4, 2000, the MTC ruled in favor of the Montanos, stating that the sale was merely voidable and that Segundina had failed to annul it within the ten-year period prescribed by Article 173 of the Civil Code. The MTC ordered Segundina to vacate the property and pay damages. Segundina appealed to the Regional T...