Title
Domingo vs. Court of Appeals
Case
G.R. No. 169122
Decision Date
Feb 2, 2010
Julio Domingo's heirs contested a forged land sale deed; courts ruled in their favor, finding Marcelino in contempt for defying orders. Supreme Court upheld dismissal of Marcelino's petition due to procedural errors.
domingo
court of appeals
certiorari
A

Case Summary (G.R. No. 169122)

Factual Background: Annulment, Forgery Finding, and Finality of Possession

Before the RTC, the Domingos filed a complaint against Marcelino and Carmelita Mananghaya (Mananghaya) for the annulment of the Deed of Absolute Sale. The Domingos alleged that Julio Domingo’s signature in the deed was forged. In its 3 November 1993 Decision, the RTC ruled that Julio’s signature was forged and declared the deed void, ordering Marcelino and Mananghaya to deliver possession of the property to the Domingos.

Marcelino and Mananghaya appealed, but the Court of Appeals in its 14 July 2000 Decision dismissed the appeal. That Decision became final and executory. Consequently, on 4 August 2003, the RTC issued a writ of execution, and on 25 August 2003 the Domingos gained possession. Thereafter, Marcelino filed a petition dated 25 August 2003 before the DAR praying to be declared tenant-beneficiary of the property. Around April 2004, Marcelino reentered and retook possession, prompting the Domingos to seek the RTC’s contempt powers through a motion to cite him in contempt.

Contempt Proceedings and the First DAR Order

While Marcelino and Mananghaya contested aspects of the execution through a 28 April 2004 petition for certiorari, prohibition and mandamus filed before the Court of Appeals, the Court of Appeals on 8 June 2004 dismissed the petition outright. Meanwhile, the RTC in a 26 May 2004 Order found Marcelino in contempt, fined him P25,000, and ordered his arrest and imprisonment. However, the sheriff did not serve the contempt order because Marcelino declared in writing that he would deliver possession.

Despite that warning and despite later enforcement activity, Marcelino employed six men to reenter the property. On 14 June 2004, the RTC issued warrants of arrest against Marcelino and the six men. Marcelino and Genero Salazar (Salazar) were arrested and detained at the Philippine National Police station in Sto. Domingo. On 17 and 23 June 2004, they were released after written undertakings that they would no longer interfere with the Domingos’ possession. The RTC warned that a warrant for Marcelino’s arrest would issue automatically if he reentered.

In the agrarian reform front, the DAR on 4 October 2004 granted Marcelino’s 25 August 2003 petition, placed 10.0108 hectares under the coverage of Republic Act (RA) No. 6657, and named Marcelino as a tenant-beneficiary. Agapita moved for reconsideration.

Second Reentry and the RTC’s 23 December 2004 Contempt Order

Following the DAR grant, Marcelino again reentered and retook possession. The Domingos filed another motion to cite Marcelino in contempt and to issue a warrant for his arrest. In its 23 December 2004 Order, the RTC confirmed that the Domingos’ evidence showed reentry and active cultivation by men on December 7, 2004, as attested by Sheriff Crispino Magbitang and Dorenzo Domingo. The RTC emphasized that Marcelino’s behavior constituted defiance of its final and executory orders and of the Domingos’ legal possession under the Court of Appeals Decision. The RTC also noted Marcelino’s refusal to meaningfully participate in the proceedings, as he did not appear for the scheduled hearings to explain his side.

The RTC rejected the position that a DAR grant could justify taking the law into his own hands. It held that even if Marcelino were awarded ownership by the DARAB, he could not dispossess the plaintiffs absent a judicial order. It further observed that the DAR grant relied upon by Marcelino did not effectively give him a specific portion, and, in any event, the DAR order later would be set aside. The RTC thus ordered a continuing warrant of arrest and detention for thirty (30) days, ordered further detention until surrender and redelivery of possession, ordered forfeiture of movable improvements introduced by Marcelino, ordered execution for the satisfaction of the P25,000 fine, and ordered continuing warrants against other persons working or cultivating on the land under Marcelino’s control.

DAR’s Reversal, the RTC’s Denial of Reconsideration, and the Continued Contempt Findings

Marcelino moved for reconsideration of the 23 December 2004 RTC Order. The DAR on 17 February 2005 granted Agapita’s motion for reconsideration and set aside the 4 October 2004 order. The DAR reasoned that the property was not covered by RA No. 6657 because it was less than five hectares. The DAR found that the 4.1358-hectare property covered by TCT No. 87365 was the only landholding owned by Julio Domingo and that Julio was only an administrator of the 5.8831 hectares, so the parcel was below the land reform ceiling.

On 4 March 2005, the RTC denied Marcelino’s motion for reconsideration. It held that Marcelino had undertaken in a Sinumpaang Salaysay dated 22 June 2004 to never again reenter or retake possession and to bar others from entering. The RTC treated Marcelino’s later conduct as a contumacious lie and an open defiance of the court’s contempt authority. It reiterated that the DAR order relied upon did not justify the reentry and retaking of possession and that Marcelino had acted without waiting for the finality of the order he relied upon.

The RTC therefore maintained its contempt sanctions and further detention directives and reiterated orders concerning forfeiture of improvements and execution for satisfaction of the P25,000 fine.

The Court of Appeals’ Dismissal of Marcelino’s Rule 65 Petition

On 21 March 2005, Marcelino filed before the Court of Appeals a petition for certiorari under Rule 65, with prayer for a temporary restraining order, seeking to challenge the RTC’s jurisdiction to order him to deliver possession and asserting grave abuse of discretion in the contempt findings.

In its 5 April 2005 Resolution, the Court of Appeals dismissed the petition outright. It cited three fundamental procedural grounds. First, it held that there was no written explanation to justify service by mail in lieu of personal service, which violated Section 11, Rule 13 of the Rules of Court, and it treated the petition as not filed. Second, it held that copies of pertinent pleadings and orders were not attached as annexes, in violation of Section 3, Rule 46 of the 1997 Rules of Court, specifically referring to the complaint for annulment, the RTC decision of November 3, 1993, the DAR petition for coverage, the 4 October 2004 DAR order, the motion for reconsideration with DAR, the DAR order of February 17, 2005, and the notice of appeal filed on March 8, 2005. Third, it found that the prayer for a temporary restraining order failed to show willingness to post the necessary injunctive bond in violation of Section 4, Rule 58.

Marcelino moved for reconsideration. In its 10 June 2005 Resolution, the Court of Appeals denied the motion, stating that Marcelino’s failure to provide written explanation to justify service by mail in lieu of personal service was an “absolutely insurmountable obstacle.”

Marcelino filed a second motion for reconsideration, but the Court of Appeals, in its 19 July 2005 Resolution, noted it and held that it could not accept the motion because a second motion for reconsideration of a final order was a prohibited pleading.

Supreme Court’s Resolution: Strict Compliance with Certiorari Procedure

Marcelino then filed the present petition under Rule 65, alleging grave abuse of discretion by the Court of Appeals in dismissing his petition on procedural grounds. He argued that although he failed to incorporate the written explanation required to justify service by mail instead of personal service, the dismissal was a grave abuse of discretion and that litigations should be decided on their merits rather than technicalities. He further contended that Section 11, Rule 13 was merely directory and urged the application of discretion to avoid prejudice.

The Supreme Court rejected the petition. It reiterated the text of Section 11, Rule 13 and held that the rule embodies a mandatory requirement in the sense that where personal service is practicable, service by other modes must be accompanied by a written explanation why personal service was not done. It further held that in Solar Team Entertainment, Inc. v. Judge Ricafort, the Court clarified that personal service and filing are the general rule under Section 11, Rule 13, while resort to other modes is only the exception and must be justified by the written explanation. The Court emphasized the policy behind the rule, including the need to expedite resolution and to avoid delays inherent in postal service practices.

On certiorari, the Supreme Court stressed that procedural rules must be strictly observed. It cited Athena Computers, Inc. v. Reyes for the principle that certiorari, being an extraordinary remedy, requires strict observance of legal rules. The Court acknowledged that liberal application of procedural rules may occur only when there is a plausible explanation for non-compliance and when outright dismissal would defeat the administration of justice. It cited Tible & Tible Company, Inc. v. Royal Savings and Loan Association for the twin requisites: justifiable cause or plausible reason and a compelling reason showing that dismissal would seriously impair orderly administration of justice.

The Court found both requisites absent. It held that neither a justifiable cause nor a plausible reason excused the procedural defect, and thus there was no basis to relax the rules. It accordingly dismissed the petition

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