Case Digest (G.R. No. 206653) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
Petitioner Yuk Ling Ong, a British-Hong Kong national, and respondent Benjamin T. Co, a Filipino citizen, were married on October 3, 1982 at Ellinwood-Malate Church. In November 2008, Ong appeared before the Bureau of Immigration and Deportation upon receiving a subpoena related to cancellation of her permanent residence visa, only to learn that her marriage had been declared void ab initio. Records showed that Co had filed two separate petitions for declaration of nullity on the ground of psychological incapacity: Civil Case No. CV-01-0177 on April 26, 2001, and Civil Case No. 02-0306 on July 19, 2002. In the latter case, the Regional Trial Court (RTC), Branch 260, Parañaque City, issued summons on July 29, 2002 and, on August 1, 2002, Process Server Rodolfo Torres, Jr. effected substituted service by leaving papers with Mr. Roly Espinosa, the security officer at petitioner's Quezon City townhouse, after “several futile attempts” at personal service. Ong did not file an answer, Case Digest (G.R. No. 206653) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Marriage
- Petitioner Yuk Ling Ong – British–Hong Kong national; married respondent on October 3, 1982 at Ellinwood–Malate Church.
- Respondent Benjamin T. Co – Filipino citizen; co-petitioner’s spouse.
- Nullity Proceedings and Subsequent Events
- April 26, 2001 – Respondent filed Civil Case No. CV-01-0177 (psychological incapacity) indicating petitioner’s address as 600 Elcano St., Binondo, Manila. Status of that case unknown.
- July 19, 2002 – Respondent filed Civil Case No. 02-0306 (psychological incapacity) indicating petitioner’s address as 23 Sta. Rosa St., Unit B-2, Manresa Garden Homes, Quezon City.
- July 29, 2002 – RTC Branch 260, Parañaque City issued summons in Case No. 02-0306.
- August 1, 2002 – Process server Rodolfo Torres, Jr. effected substituted service of summons on a security officer, Mr. Roly Espinosa, at petitioner’s residence, stating only “after several futile attempts” without dates, times, or reasons.
- December 11, 2002 – RTC rendered decision declaring the marriage void ab initio on the ground of psychological incapacity; petitioner did not file a responsive pleading.
- November 24, 2008 – Petitioner filed a Rule 47 petition for annulment of judgment before the Court of Appeals (CA), alleging extrinsic fraud and lack of jurisdiction (invalid substituted service; wrong address; service on security guard; absence of psychological incapacity).
- Court of Appeals Proceedings
- June 27, 2012 – CA denied the petition, finding no extrinsic fraud and valid substituted service under Robinson v. Miralles; applied presumption of regularity and customary practice of guard reception.
- March 26, 2013 – CA denied reconsideration.
- CA Issues Certified to the Supreme Court:
- Validity of jurisdiction over petitioner’s person in Civil Case No. 02-0306.
- Existence of extrinsic fraud under Rule 47.
- Supreme Court Petition and Opposing Contentions
- Petitioner – Process server’s return was conclusory; no dates/reasons; service on an inconsequential person; no voluntary appearance; no psychological incapacity.
- Respondent – Return sufficiently stated reason for substituted service; summons sent to same address petitioner used; no voluntary appearance issues.
Issues:
- Whether the RTC in Civil Case No. 02-0306 validly acquired jurisdiction over the person of petitioner by substituted service of summons.
- Whether the facts proven constitute extrinsic fraud within the purview of Rule 47 of the Rules of Court.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)