Case Digest (G.R. No. 60848)
Facts:
Gan Hock v. Hon. Court of Appeals and Maria Abad, also known as Benny King, G.R. No. 60848, May 20, 1991, Supreme Court First Division, Grino‑Aquino, J., writing for the Court.Petitioner Gan Hock originally filed an action for ejectment in the City Court of Manila (Civil Case No. 027866‑CV) on October 17, 1977, naming one “Benny King” as defendant and alleging unlawful possession and unpaid rentals at premises identified in the complaint. The summonses issued in the case were addressed to “Benny King” at 1353‑55 (later variably cited) Pedro Gil (formerly Herran) Street, Paco, Manila; sheriff’s returns show the first two summonses were not served because the addressee was not known at that address, and a later alias summons was reportedly served through a person with initials R.S.
When no answer was filed, the City Court declared “Benny King” in default and, after ex parte evidence, rendered judgment on January 22, 1979 ordering removal of “Benny King” and recovery of rentals. An execution order followed on August 31, 1979. A deputy sheriff later attempted to serve the decision and writ on a woman who identified herself as not being “Benny King” and who, through counsel, filed a third‑party claim on behalf of Pride Construction Supply (owned by Maria Abad) asserting that Pride was not the defendant and that its business address was 1253‑55 Pedro Gil, not 1353‑55, and that summons had never been served on it.
The City Court temporarily stayed execution, then reinstated the writ and ordered an amended writ correcting the address to 1253‑1255; the sheriff levied personal property of the third‑party claimant and scheduled auction. Pride (through Maria Abad) filed a petition for prohibition (Civil Case No. 133258) before the Court of First Instance (Branch XXXVI) alleging lack of jurisdiction and that she was not the defendant named in the ejectment complaint. The CFI issued a temporary restraining order to maintain the status quo but later, after trial on the petition, dissolved the restraining order and dismissed the prohibition petition by order dated March 6, 1981.
The Court of Appeals, in CA‑G.R. No. SP‑12188, granted certiorari and prohibition on December 24, 1981, holding that Maria Abad had not been validly summoned and that the City Court therefore lacked jurisdiction over her; it set aside the City Court decision, the ...(Subscriber-Only)
Issues:
- Did the City Court acquire jurisdiction over Maria Abad (Pride Construction Supply) by service of summons addressed to “Benny King”?
- If jurisdiction was lacking, was the Court of Appeals correct to set aside the City Court judgment, the writ of execution, and the CFI order insofar as they affected Maria Abad, and what furt...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)