G.R. No. 136760 - Senate Blue Ribbon Committee vs. Majaducon

On June 2, 2011, respondent Ana Kari Carmencita Nustad, represented by Atty. Marguerite Therese Lucila, filed a petition before the Regional Trial Court (RTC), Branch 55, Lucena City.
Nustad prayed that petitioner Ma. Hazelina A. Tujan-Militante be ordered to surrender to the Register of Deeds of Lucena City the owner’s duplicate copies of Transfer Certificate of Title (TCT) Nos. T-435798, T-436799, T-387158, and T-387159—all issued in Nustad’s name.
Nustad alleged that Tujan-Militante had been withholding the said titles.

The RTC, in an Order dated July 26, 2011, set the petition for a hearing.
Instead of filing an answer, Tujan-Militante filed an Omnibus Motion to Dismiss and Annul Proceedings on September 2, 2011, alleging:

The RTC did not acquire jurisdiction over her person because she did not receive summons.
The Order setting the petition for hearing was equivalent to a decision on the merits, improperly ruling that she was in possession of the titles.

The RTC, in an Order dated November 23, 2011, denied the motion and ruled that it had jurisdiction, emphasizing that the Order only set the petition for hearing and did not decide the merits.

The Power of Attorney (POA) executed by Nustad in favor of Atty. Lucila was void and non-existent.
Atty. Lucila represented a Norwegian alien, who was not allowed to own lands in the Philippines.
Aside from dismissal, she prayed that the Office of the Solicitor General and Land Registration Authority be impleaded, and sought moral and exemplary damages, attorney’s fees, and costs of suit.

The RTC denied the Motion for Reconsideration in an Order dated February 27, 2012.

Aggrieved, Tujan-Militante filed a Petition for Certiorari before the CA.
The CA, in a Decision dated February 27, 2013, recognized jurisdictional defect over the person but ruled that the defect was cured by Tujan-Militante’s Motion for Reconsideration, invoking voluntary submission to jurisdiction.
Tujan-Militante filed a Motion for Reconsideration before the CA, which was denied in a Resolution dated October 2, 2013.
The petitioner then elevated the case to the Supreme Court.

Whether or not the RTC had jurisdiction over the person of petitioner Ma. Hazelina A. Tujan-Militante despite alleged defective service of summons.

Whether the filing of a motion seeking affirmative reliefs constitutes voluntary submission to the jurisdiction of the RTC.

Whether the Power of Attorney executed abroad complied with the requirements of Section 24, Rule 132 of the Rules of Court and was valid in authorizing Atty. Lucila to represent Nustad.

Whether petitioner’s claim on the invalidity of the TCTs due to respondent’s alleged alien citizenship is a proper issue to be raised in petitioner’s proceedings.