Case Digest (G.R. No. L-33436)
Facts:
- The case involves Jose E. Ong (petitioner) and Escolastica Paguio and Miguel Paguio (respondents).
- Cadastral proceedings were initiated in the Court of First Instance of Lanao del Norte regarding several lots, including Lots Nos. 1146 and 2585.
- The initial hearing was scheduled for March 25, 1957; only Silvestre Openiano and Jose E. Ong filed answers claiming ownership.
- An order of general default was issued against non-respondents.
- A fire on May 23, 1957, destroyed the courthouse, leading the court to order claimants to reconstitute their answers.
- Openiano sold the lots to Escolastica Paguio on August 6, 1959, without notifying her of the reconstitution of his answer.
- The Paguio spouses were unaware of the proceedings until a writ of possession was issued against them.
- They had taken possession of the lots and built a school worth P70,000.
- The trial concluded on June 22, 1967, favoring Ong, who was ordered to have the lots registered in his name.
- The Paguio spouses filed a petition for relief from judgment on December 18, 1967, claiming they were uninformed of the proceedings.
- The court granted their petition, setting aside the previous judgment and ordering a retrial, which Ong opposed, leading to the current appeal.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed Ong's petition, affirming the Court of Appeals' decision.
- The Court held that the Paguio spouses were indispensable parties to the case.
- The trial court acted within its jurisdiction in granting the Paguio spouses' petition for relief from judgment.
- The Paguio spouses were deemed innocent...(Unlock)
Ratio:
- The Supreme Court noted that the Paguio spouses could not intervene due to Openiano's failure to inform them of the reconstitution of his answer and subsequent proceedings.
- The trial court ret...continue reading
Case Digest (G.R. No. L-33436)
Facts:
The case involves Jose E. Ong as the petitioner and Escolastica Paguio and Miguel Paguio as the respondents. The events leading to this case began with cadastral proceedings initiated in the Court of First Instance of Lanao del Norte concerning several lots, including Lots Nos. 1146 and 2585. The initial hearing was set for March 25, 1957, and despite proper publication, only Silvestre Openiano and Jose E. Ong filed answers claiming exclusive ownership of the disputed lots. Consequently, an order of general default was issued against those who did not respond. On May 23, 1957, a fire destroyed the courthouse in Iligan City, prompting the court to order claimants to reconstitute their answers. Before Openiano could do so, he sold the lots to Escolastica Paguio on August 6, 1959, promising to inform the court and the Paguio spouses about the reconstitution of his answer. However, Openiano reconstituted his answer without notifying the Paguio spouses, who remained unaware of the proceedings until a writ of possession was issued against them. The Paguio spouses had taken possession of the lots and constructed a school building worth P70,000, which they used for their educational institution. The trial proceeded between Ong and Openiano, culminating in a decision on June 22, 1967, favoring Ong. The cadastral court issued an order for the registration of the lots in Ong's name, which was not complied with. The Paguio spouses filed a petition for relief from judgment on December 18, 1967, claiming they were not informed of the proceedings and were thus unab...