Case Summary (G.R. No. 59731)
Key Dates
• May 1960 – Original registration (Decree No. N-78716; O.C.T. No. 2433) to Maximo Nofuente and Dominga Lumandan
• August 1960 – Reconveyance of 5/6 share; T.C.T. No. 78633 issued
• September 18, 1961 – Sale to Ching Leng; T.C.T. No. 91137 issued
• October 19, 1965 – Death of Ching Leng in Boston, U.S.A.
• December 27, 1978 – Pedro Asedillo files Civil Case No. 6888-P for reconveyance and cancellation of T.C.T. No. 91137
• June 15, 1979 – Default judgment ordering cancellation of Ching Leng’s title
• November 10, 1979 – Alfredo Ching petitions to set aside the default judgment
• September 30, 1981 – Court of Appeals dismisses Ching’s petition
• January 11, 1990 – Supreme Court decision under the 1987 Constitution
Applicable Law
• 1987 Philippine Constitution (due process, in personam service)
• Act No. 496 (Land Registration Act), as amended
• Rule 13, Sec. 7 and Rule 39, Sec. 4 of the Rules of Court (service by publication)
• Civil Code of the Philippines (Arts. 37, 42 on juridical personality)
• Jurisprudence: Ang Lam v. Rosillosa, Perkins v. Dizon, Dumlao v. Quality Plastic Products, Estanislao v. Honrado, Sy, Sr. v. IAC, Bailon-Casilao v. CA
Facts of the Case
- In 1960 the Nofuente spouses obtained Torrens registration of a 51,852 sqm parcel in Paranaque, Rizal. They reconveyed 5/6 of the land to their children, whose subsequent sale to Ching Leng resulted in T.C.T. No. 91137 (1961).
- Ching Leng died in 1965. Alfredo Ching was appointed administrator of his estate in Special Proceeding No. 1956-P, with published notice and no oppositors. The property formed part of the estate inventory.
- In December 1978 Pedro Asedillo sued “Ching Leng and/or Estate of Ching Leng” for reconveyance and cancellation of T.C.T. No. 91137, alleging Ching Leng’s residence abroad and requesting service by publication. The trial court ordered summons published.
- No answer was filed; the court admitted evidence ex parte and, on June 15, 1979, declared Asedillo absolute owner, cancelled Ching Leng’s title, and directed issuance of a new title to Asedillo, who immediately sold the property to a developer.
- Alfredo Ching moved to set aside the judgment for lack of jurisdiction. The trial court vacated its default judgment but then reinstated it on Asedillo’s motion. Reconsideration was denied. The Court of Appeals dismissed Ching’s certiorari petition in 1981.
Issues
- Whether service of summons and judgment by publication on a deceased person and/or his estate conferred personal jurisdiction.
- Whether an action for reconveyance and cancellation of title is in personam or quasi in rem.
- Whether ex parte proceedings were permissible.
- Whether the trial court acquired jurisdiction over the subject matter and parties.
- Whether Pedro Asedillo’s 19-year delay constituted laches.
Legal Analysis
In personam Nature of Reconveyance Action
– A suit to recover title to land is a real action but remains in personam, binding only parties duly impleaded and served (Ang Lam v. Rosillosa).
– A deceased person cannot be served; upon death juridical personality ceases (Arts. 37, 42, Civil Code; Dumlao v. Quality Plastic). Service by publication cannot validate jurisdiction over a non-existent party.Quasi in rem Service Inapplicable
– Publication may serve non-resident defendants in quasi in rem cases (Perkins v. Dizon).
– Asedillo’s cause was strictly in personam; T.C.T. cancellation must be filed in the original land registration case under Section 112, Land Registrati
Case Syllabus (G.R. No. 59731)
Facts of the Case
- In May 1960, the Court of First Instance of Rizal issued Land Registration Decree No. N-78716 in LRC No. N-2579 and the Register of Deeds for Rizal issued Original Certificate of Title No. 2433 over a 51,852-square-meter parcel in Sitio Kay-Biga, Barrio San Dionisio, Paranaque, Rizal.
- In August 1960, spouses Maximo Nofuente and Dominga Lumandan reconveyed a 5/6 portion of that property to their children (Francisco, Regina, Perfecta, Constancio, and Matilde Nofuente), prompting issuance of Transfer Certificate of Title No. 78633 on August 10, 1960.
- On September 18, 1961, the Nofuente children sold the entire parcel to Ching Leng (postal address: No. 44 Libertad Street, Pasay City). TCT No. 91137 was issued and TCT No. 78633 was deemed cancelled.
- Ching Leng died in Boston, Massachusetts, on October 19, 1965.
Administration of Ching Leng’s Estate
- On December 16, 1965, Alfredo Ching (the decedent’s legitimate son) appeared at the hearing for Sp. Proc. No. 1956-P (administration of Ching Leng’s estate) after publication of notice in the Daily Mirror (November 23 & 30; December 7, 1965).
- No oppositors appeared; evidence was presented and Alfredo Ching was appointed administrator on December 28, 1965. Letters of administration issued on January 3, 1966.
- The TCT No. 91137 land was inventoried among the decedent’s assets.
Commencement of Civil Case No. 6888-P
- Thirteen years after the decedent’s death, on December 27, 1978, Pedro Asedillo filed Civil Case No. 6888-P in CFI Rizal, Branch XXVII, Pasay City, seeking reconveyance of the property and cancellation of TCT No. 91137 based on actual possession.
- An amended complaint (January 30, 1979) named “Ching Leng and/or Estate of Ching Leng,” alleging the defendant was non-resident or of unknown status, to justify service by publication.
- On February 7, 1979, the trial court ordered summons by publication; the complaint appeared in the Economic Monitor on March 5, 12 & 19, 1979.
Default Judgment and Title Cancellation
- Defendant failed to file an answer; upon motion by Asedillo’s counsel, the court allowed ex-parte evidence (May 25, 1979).
- On June 15, 1979, the trial court rendered a default judgment:
• Declared Pedro Asedillo as “true and absolute owner” of the land under TCT No. 91137.
• Ordered reconveyance by Ching Leng (or his estate) and cancellation of TCT No. 91137.
• Directed issuance of a new TCT in Asedillo’s name. - The June 15 decision was publis