Case Digest (G.R. No. 212683)
Facts:
- Jerson E. Tortal (petitioner) and Chizuru Taniguchi (respondent) were married on June 8, 1999.
- They lived in a house and lot in BF Homes, Parañaque City, owned by Tortal.
- On April 11, 2000, Taniguchi filed a petition for nullity of their marriage, which was assigned to Branch 260 of the RTC in Parañaque City.
- The RTC granted the petition on August 25, 2003, declaring the marriage null and void, and awarded the property to Taniguchi.
- Tortal did not seek reconsideration, and the decision became final on October 14, 2005.
- While the nullity petition was pending, Sevillana P. Sales filed a collection complaint against Tortal.
- Tortal and Sales entered into a compromise agreement approved by the RTC.
- The house and lot were sold at public auction to Sales for P3,500,000.00 on December 3, 2003.
- On May 24, 2005, Taniguchi filed a complaint to annul the levy and sale, requesting an injunction against the Register of Deeds.
- The RTC granted the injunction on September 14, 2005, preventing the title's cancellation in favor of Sales.
- On October 28, 2011, the RTC nullified the levy and sale, making the injunction permanent and ordering Tortal to pay damages to Taniguchi.
- Tortal and Sales appealed, but the Court of Appeals dismissed their appeal on December 13, 2013.
- Tortal's motion for reconsideration was denied on May 14, 2014.
- Tortal filed a Petition for Review, claiming the RTC's decision nullifying his marriage was void due to lack of jurisdiction from improper service of summons.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied Tortal's Petition for Review, affirming the Court of Appeals' decisions.
- Tortal could not challenge the final judgment nullifying his marriage in the context of the appeal regarding the levy and sale.
- If Tortal believed the RTC lacked jurisdiction due to improper service of summons, he should have filed a petition for annulmen...(Unlock)
Ratio:
- The Supreme Court stated that claims of a trial court's lack of jurisdiction must be raised through a separate action for annulment of ...continue reading
Case Digest (G.R. No. 212683)
Facts:
The case involves Jerson E. Tortal (petitioner) and Chizuru Taniguchi (respondent). Tortal and Taniguchi were married on June 8, 1999, and resided in a house and lot in BF Homes, Parañaque City, which was registered under Tortal's name as the owner. On April 11, 2000, Taniguchi filed a petition for the nullity of their marriage, which was assigned to Branch 260 of the Regional Trial Court (RTC) in Parañaque City. The RTC granted the petition on August 25, 2003, declaring their marriage null and void and awarding the house and lot to Taniguchi as her exclusive property. Tortal did not seek reconsideration of this decision, which became final and executory on October 14, 2005.
While the nullity petition was pending, Sevillana P. Sales filed a collection complaint against Tortal, which was assigned to Branch 63 of the RTC in Calauag, Quezon. Tortal and Sales entered into a compromise agreement, which the RTC approved. Subsequently, on December 3, 2003, the house and lot were levied upon and sold at public auction to Sales for P3,500,000.00. On May 24, 2005, Taniguchi filed a complaint for the annulment of the levy and sale, along with a request for an injunction against the Register of Deeds. The RTC granted her application for an injunction on September 14, 2005, preventing the cancellation of the title in favor of Sales.
On October 28, 2011, the RTC nullified the levy and sale, making the injunction permanent and ordering Tortal to pay Taniguchi damages. Tortal and Sales appealed this decision, but the Court of Appeals dismissed their appeal on December 13, 2013, affirming the RTC's ruling. Tortal...