Case Digest (G.R. No. 172263)
Facts:
Spouses Auther G. Kelley, Jr. and Doris A. Kelley v. Planters Products, Inc. and Jorge A. Ragutana, G.R. No. 172263, June 8, 2009, Supreme Court First Division, Corona, J., writing for the Court.Petitioner Auther G. Kelley, Jr. acquired agricultural chemicals on consignment from respondent Planters Products, Inc. (PPI) in 1989 and allegedly failed to pay. PPI sued Auther in the Regional Trial Court of Makati City, Branch 57 (RTC Makati City) in Civil Case No. 91-904. After trial, RTC Makati City ruled for PPI, issued a writ of execution, and its sheriff, respondent Jorge A. Ragutana, levied and sold the real property covered by TCT No. 15079 in Naga City; PPI was the highest bidder and received a certificate of sale.
Petitioners were belatedly informed of the levy and sale and moved in RTC Makati City to dissolve or set aside the notice of levy on the ground that the property was their family home exempt from execution; the motion was denied for failure to comply with the three-day notice requirement under the Rules of Court. Thereafter, petitioners filed in the Regional Trial Court of Naga City, Branch 19 (RTC Naga City) Civil Case No. 2000-0188, seeking declaration of nullity of the levy and sale and damages against Ragutana and PPI. The RTC Naga City dismissed the complaint for lack of jurisdiction and lack of cause of action; the Court of Appeals affirmed that dismissal.
Petitioners sought relief in the Supreme Court by petition for review on certiorari. They argued, inter alia, that Doris Kelley was a stranger to Civil Case No. 91-904 in RTC Makati and could not be compelled to litigate there, and that TCT No. 15079 was their family home exempt from execution under the Family Code. The Supreme Court granted t...(Pro-only)
Issues:
- Did the Regional Trial Court of Naga City have jurisdiction to entertain Civil Case No. 2000-0188 filed by the Kelleys to annul the levy and sale of TCT No. 15079 (procedural question of jurisdiction/party status)?
- If the RTC Naga City has jurisdiction, may petitioners adduce evidence that TCT No. 15079 is a family home exempt from execution under the Family Code (substantive question whether the complaint stated a ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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