Case Summary (A.C. No. 6589)
Jurisdictional Claims
The petition filed by Sofia Pastor de Midgely challenges Respondent Judge Ferandos’ order dated May 8, 1971, which denied her motion to dismiss based on a purported lack of jurisdiction and citation of article 222 of the Civil Code. Midgely argues that the Cebu court lacks jurisdiction over her person and properties, and she seeks dismissal of a complaint filed against her (Civil Case No. 274-T).
Background of the Estate and Proceedings
Alvaro Pastor, Sr., a Spanish national, owned properties and mining claims in Cebu. Upon his death on June 5, 1966, he left a will that purportedly bequeathed a share of his estate to Lewelyn Barlito Quemada, who claims to be his illegitimate child. In 1970, Quemada initiated proceedings to probate the will, and subsequently filed a complaint against Midgely and other parties to settle ownership issues related to the estate. This involved extraterritorial service of summons aimed at parties residing in Spain.
Service of Summons and Responses
Quemada executed extraterritorial service through the Philippine Embassy in Spain, which was acknowledged by Midgely and her brother, Alvaro Pastor, Jr., but they contested the jurisdiction of the Cebu court. Midgely’s response included a special appearance to address the jurisdiction issue and highlighted the lack of efforts for compromise as stipulated by article 222 of the Civil Code.
Denial of Motion to Dismiss
Judge Ferandos ruled against Midgely's motion to dismiss, asserting proper service of summons and arguing that article 222 was irrelevant since the case involved civil status. Midgely's subsequent motion for reconsideration was denied, reaffirming her obligation to respond to the complaint as the case was characterized as concerning real properties and rights.
Certification of Proceedings and Contempt Charges
As proceedings unfolded, a writ of preliminary injunction was issued by a higher court, suspending all actions in the related Civil Case No. 274-T. However, claims of contempt were raised by Midgely against Quemada for allegedly ignoring the injunction by taking possession of properties and seeking payments. The court found no merit in these contempt charges, concluding that Quemada’s actions were within his rights as an administrator.
Analysis of Jurisdictional Issues
The crux of the legal analysis pertains to the validity of Judge Ferandos’ jurisdiction over Midgely given her special appearance and motion to dismiss. The court found that Midgely’s actions in contesting jurisdiction while simultaneously addressing other procedural issues amounted to a waiver of her claim of non-jurisdiction.
Conclusion
The court determined that Midgely’s claims of im
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Case Overview
- The case involves a special civil action of certiorari filed by Sofia Pastor de Midgely against Judge Pio B. Ferandos and Lewelyn Barlito Quemada.
- The petitioner seeks to overturn an order dated May 8, 1971, which denied her motion to dismiss a complaint based on lack of jurisdiction and on Article 222 of the Civil Code.
- The jurisdictional issue revolves around the Court of First Instance of Cebu, Branch IX, and the properties allegedly owned by Alvaro Pastor, Sr.
Background Facts
- Alvaro Pastor, Sr., a Spanish citizen, was purportedly the owner of properties and mining claims in Cebu, claimed to be held in trust by his son and daughter-in-law.
- Upon his death on June 5, 1966, he was survived by his wife, Sofia Pastor y Bossio, and two legitimate children: Mrs. Midgely and Alvaro Pastor, Jr.
- Lewelyn Barlito Quemada alleges to be an illegitimate child of Alvaro Pastor, Sr. and claims a share of the estate through a holographic will.
- The will, dated July 31, 1961, bequeathed 30% of certain properties to Quemada.
Proceedings Initiated by Quemada
- Quemada was appointed as the special administrator of Alvaro Pastor, Sr.'s estate and filed a complaint against the legitimate heirs and others to resolve ownership issues.
- The complaint sought an accounting of royalties and damages, totaling P25,000.
- Extraterritorial service of summons was executed through the Philippine Embassy in Spain, where Mrs. Midgely and Alvaro Pastor, Jr. were residing.
Petitioner’s Response
- Mrs. Midgely and Alvaro Pastor, Jr. acknow