Case Summary (G.R. No. L-30666)

Jurisdiction Over Subject Matter and Parties

• Jurisdiction of a court over the subject matter is conferred by law.
• Jurisdiction over the parties is acquired through voluntary appearance or service of summons.
• In this case, the petitioners were served summons and filed an opposition to the motion to cancel, thus submitting to the court's jurisdiction.
• The court provided opportunities for both parties to present their arguments and evidence, leading to the submission of memoranda.
• The petitioners are bound by the court's order due to their voluntary participation in the proceedings.

Non-Joinder of Parties and Its Implications

• The argument that the court lacked jurisdiction due to the non-joinder of petitioner Andres Aban is a technicality that does not serve justice.
• Andres Aban's absence as a party in Civil Case No. 1005 was self-imposed; he requested to be dropped as a defendant while not joining as a plaintiff.
• The lot claimed by Aban is part of the property under litigation, making him effectively a party to the case.
• The petitioners are deemed to be impleaded as party respondents in Civil Case No. 1005.

Requirements for Substitution of Attorneys

• Valid substitution of attorneys requires compliance with specific formalities outlined in the Rules of Court.
• The requisites for substitution include a written application, consent from the client and the attorney to be substituted, and proof of notice if consent cannot be obtained.
• In this case, no valid substitution occurred, as Atty. Timoteo D. Naldoza remained the attorney of record throughout the proceedings.

Background of the Case and Procedural History

• The case originated from a complaint filed in 1964 regarding the nullification and cancellation of a subdivision plan and various titles.
• The heirs of Eleuterio Cuenca filed a motion to cancel TCT No. RT-1693 issued to Andres Aban, claiming his rights were abandoned.
• The court issued an order on July 29, 1968, cancelling the title based on the lack of authority and proper proceedings.
• Aban's subsequent motions for reconsideration were denied, leading to the appeal.

Petitioners' Claims of Lack of Jurisdiction

• The petitioners contended that the court lacked jurisdiction over the motion to cancel TCT-RT-1693, asserting it was a separate action.
• They argued that the court acted without jurisdiction and that the motion was improperly filed by Atty. Naldoza.
• The petitioners claimed they had no remedy for the cancellation order and sought a preliminary injunction against its enforcement.

Court's Analysis of Jurisdiction and Participation

• The court found that the petitioners had submitted themselves to the court's jurisdiction through their actions.
• Even if the motion to canc...continue reading

Case Syllabus (G.R. No. L-30666)

Case Overview

• This case involves a petition for certiorari and prohibition with preliminary injunction filed by petitioners Andres Aban and Dolores Galope against Respondent Judge Manuel L. Enage, as well as the heirs of Eleuterio Cuenca and Atty. Timoteo D. Naldoza.
• The petition seeks to annul the court order dated July 29, 1968, which ordered the cancellation of Transfer Certificate of Title (TCT) No. RT-1693 in the names of the petitioners concerning Lot No. 427 C-1.
• The petitioners argue that the order was issued without or in excess of jurisdiction.

Antecedent Facts

• A complaint was initiated on August 21, 1964, in the Court of First Instance of Agusan, presided over by Judge Montano Ortiz, involving multiple parties and seeking the nullification and cancellation of several titles and documents.
• Andres Aban was initially a party-defendant but was dropped from the case on September 17, 1964.
• Subsequent amendments to the complaint omitted Aban and Celestino Udarbe as parties.
• The heirs of Eleuterio Cuenca filed a petition on November 1, 1965, for the cancellation of TCT No. RT-1693, which was dismissed on June 4, 1968.
• Cuenca's heirs later filed a motion on April 15, 1968, in Civil Case No. 1005 to cancel TCT No. RT-1693, claiming Aban's title was abandoned.

Court Order of July 29, 1968

• The respondent judge issued an order canceling TCT-RT 1693 in favor of Andres Aban, based on various considerations:
  • The title was issued without a re...continue reading