Case Summary (G.R. No. 211691)
Procedural History
On November 18, 1965, Fabio Masangya and Jose Abayon initiated a complaint for partition against the respondents. Fabio Masangya passed away on December 21, 1971, and subsequent proceedings involved his heirs as petitioners. A lower court decision on September 21, 1982, favored the respondents, leading to an appeal by the petitioners which was ultimately affirmed by the Court of Appeals on December 9, 1986. The Court of Appeals issued an Entry of Final Judgment on October 21, 1987, due to the petitioners’ failure to file an appeal with the Supreme Court.
Issues Raised by Petitioners
The petitioners challenged the validity of the substitution of the deceased plaintiff, Fabio Masangya, claiming that this rendered all subsequent proceedings null and void, thereby questioning the appellate court's decision. They also argued that their counsel's death during the appeal process deprived them of proper notice, which they contended rendered the judgment non-final.
Validation of Substitution of Parties
The trial court had granted the motion for the substitution of Fabio Masangya with his heirs in 1972, which the petitioners did not contest at the appellate level. The Supreme Court determined that petitioners, having actively participated in the trial, were estopped from later raising objections regarding the substitution, reinforcing the legal principle that one cannot challenge jurisdiction after participating in proceedings.
Notice and Effective Communication of Judgment
The petitioners argued that the notice of judgment was improperly sent to their deceased counsel, thus claiming inadequate notification. However, it was established that the petitioners received separate notice of the appellate court's decision on March 24, 1987. The court emphasized that proper notice to counsel serves as notice to the client, thus maintaining
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Case Information
- Court: Supreme Court of the Philippines
- Division: Second Division
- G.R. No.: 84091
- Date of Decision: August 30, 1990
- Petitioners: Heirs of Fabio Masangya and Jose Abayon
- Respondents: Diosdado Masangya, Estelita M. Bantigue, Francisco Masangya, Tancredo Masangya, and Patrocinio Masangya
Background of the Case
- Petitioners filed a petition for certiorari to annul and set aside two orders issued by the Regional Trial Court of Aklan on April 26, 1988, and June 29, 1988.
- The original case, Civil Case No. 1535, involved a complaint for partition of real estate filed by Fabio Masangya and Jose Abayon against the respondents.
- Fabio Masangya passed away on December 21, 1971, during the pendency of the case, leading to a substitution of parties.
Procedural History
- The trial court rendered a decision on September 21, 1982, dismissing the petitioners' complaint and affirming the respondents as lawful owners of the disputed land.
- The petitioners appealed to the Court of Appeals, which affirmed the trial court's decision on December 9, 1986.
- The Court of Appeals issued an Entry of Final Judgment on October 21, 1987, after no appeal was filed by the petitioners.
- Respondents subsequently moved for a writ of execution, which prompted the petitioners to file a "Motion to Recall Order On Issuance of Writ of Exe