Case Summary (G.R. No. 172595)
Factual Background and Procedural History
On March 5, 2004, the City Government of Quezon City entered into a contract with M.R. Vargas Construction for construction work, which involved clearing operations on Panay Avenue. Following complaints from the petitioners regarding the alleged lack of permits for these operations, they initially sought responses from various authorities, including barangay officials and environmental agencies. After receiving no satisfactory resolution, petitioners filed a petition for injunction before the Quezon City Regional Trial Court (RTC) on September 10, 2004, naming M.R. Vargas Construction, Marcial R. Vargas, and Renato Agarao as respondents.
Jurisdiction and Service of Summons
Upon filing, the petition was subjected to summons, which was unfortunately returned unserved due to the absence of the respondent enterprise at the stated address. Nevertheless, Judge Marie Christine Jacob of Branch 100 of the RTC issued a temporary restraining order (TRO) on the same day the petition was filed. Respondents later contested the court's jurisdiction, citing inadequate service of summons and errors in the legal procedures followed, prompting a motion to dismiss on various grounds, including the non-impleading of the Quezon City government as the real party-in-interest.
Trial Court Proceedings and Orders
On October 6, 2004, the RTC granted the petitioners a writ of preliminary injunction. However, following a claim by the respondents that there had been a misrepresentation regarding the service of summons, petitioners’ following applications were met with a nullification order from the RTC dated November 8, 2004. This order led to a series of petitions for certiorari filed by the petitioners before the Court of Appeals to challenge the RTC's nullification.
Court of Appeals Decision
On October 10, 2005, the Court of Appeals dismissed the petition for certiorari filed by the petitioners for lack of merit, affirming the trial court's position that it did not acquire jurisdiction over the case due to improper service of summons. The appellate court held that the presence of Agarao at the hearing did not establish valid representation for M.R. Vargas Construction and that a sole proprietorship does not possess a separate juridical personality. As such, jurisdiction was not properly established without summons being served directly to the owner, Marcial R. Vargas.
Supreme Court Ruling on Jurisdiction
The Supreme Court ruled consistently with the lower courts, affirming that jurisdiction over a defendant must arise from either a proper service of summons or a voluntary appearance that indicates submission to the court's jurisdiction. The Court rejected the argument that Agarao's presence
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Background of the Case
- The case involves a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, filed by petitioners Bienvenido Ejercito and Jose Martinez against M.R. Vargas Construction and its representatives, arising from a dispute over a construction project in Quezon City.
- The construction contract for the improvement of Panay Avenue was signed on March 5, 2004, by the Quezon City government, represented by Mayor Feliciano Belmonte, Jr., and M.R. Vargas Construction, represented by Marcial Vargas.
- The construction operations commenced, including the removal of structures and uprooting of trees, supervised by foreman Renato Agarao.
- Petitioners raised concerns regarding the legality of the clearing operations, asserting the lack of necessary permits and prior consultations, and subsequently brought the matter to various authorities without success.
- On September 10, 2004, petitioners filed a petition for injunction against M.R. Vargas Construction in the Regional Trial Court (RTC) of Quezon City, seeking a temporary restraining order (TRO).
Proceedings in the Regional Trial Court
- The RTC issued a TRO on September 15, 2004, preventing the construction company from further damaging trees along Panay Avenue.
- In response, M.R. Vargas Construction filed a special appearance and a motion to dismiss the petition, arguing lack of jurisdiction over the enterprise and other procedural irregularities, including the failure to name the real party-in-interest.
- During the hearing, a court interpreter mistakenly indicated that the summons had been received by a representa