Case Summary (G.R. No. 235099)
Key Dates
– February 16, 2015: Regional Trial Court (RTC) rendered judgment quieting title in petitioners’ favor.
– July 20, 2017: Court of Appeals (CA) reversed and dismissed petitioners’ complaint.
– October 23, 2017: CA denied petitioners’ motion for reconsideration.
– March 29, 2023: Supreme Court issued final decision.
Applicable Law
– 1987 Philippine Constitution, due process guarantee (Art. III, Sec. 1).
– Rules of Court: Rule 45 (certiorari); Rule 14, Section 15 (1997 Rules on extraterritorial service of summons).
Procedural and Factual Background
- The Spouses Solis initially possessed an untitled fishpond in Romblon, covered by tax declarations in Ramon’s name. Upon their deaths, Salvador discovered the tax declaration had been “corrected” to Ramon Jr., Salvador’s brother, who later died, leading to extrajudicial settlement in favor of his heirs, including Marivic. A free patent and certificate of title issued in Marivic’s name.
- Salvador filed a complaint for quieting of title, reconveyance, and nullity of tax declaration, free patent, and certificate of title. He alleged fraud by Marivic and sought to annul her titles.
- Marivic, residing in the United States, could not be located for personal service. The RTC granted petitioners leave to serve by publication pursuant to Section 15, Rule 14, directing publication nationwide and mailing of copies of summons and complaint to her last known address in Saginaw, Michigan. Salvador published but mailed the documents to a Romblon address.
- Marivic failed to answer, prompting the RTC to declare her in default and render judgment in favor of petitioners on February 16, 2015. She filed a motion for new trial alleging fraud and due process violation; the RTC denied relief.
- The CA reversed, holding extraterritorial service invalid for failure to mail to Marivic’s U.S. address and dismissed the complaint. Petitioners elevated the matter by Rule 45 petition.
Extraterritorial Service Under Section 15, Rule 14
– Section 15 permits service outside the Philippines in quasi in rem actions affecting property within the country by: (a) personal service abroad; (b) publication plus registered mailing to defendant’s last known address; or (c) other methods deemed sufficient by the court.
– Quieting title is quasi in rem, permitting extraterritorial service. The RTC’s order plainly envisioned mode (b): publication and mailing to Marivic’s Michigan address.
Defective Service and Due Process
– Petitioners complied with publication but mailed only to the Philippines address, not to the U.S. address specified.
– Proper service is a jurisdictional due process requirement. Failure to mail to the last known address rendered summons invalid and all subsequent proceedings void for lack of notice.
Voluntary Appearance and Cure of Defect
– A defendant may cure a service defect by voluntary appearance seeking affirmative relief.
– Marivic filed a Motion for New Trial, challenging the default and alleging fraud in service. She thereby manifested intent to
Case Syllabus (G.R. No. 235099)
Antecedents
- Spouses Ramon M. Solis, Sr. and Marta M. Solis owned a five-hectare untitled fishpond in Romblon, covered by Tax Declaration No. 82 and later TD No. A08-005-00279 in the name of Ramon, Sr.
- During their lifetimes, they donated all properties except a small Quezon City lot and the fishpond.
- After their deaths, heir Salvador learned that the Provincial Assessor “corrected” the owner’s name from Ramon, Sr. to Ramon, Jr. by alleging a typographical error.
- Upon Ramon, Jr.’s death, the fishpond passed to his heirs via Deed of Extrajudicial Settlement; a new TD No. 00357 was issued to Juana, Eric, Albert, and Marivic Solis-Laynes.
- Marivic obtained Free Patent No. IV-045907-11-7191 and Original Certificate of Title No. P-27877 over the fishpond.
- Heirs Salvador and the Estate of the Spouses Solis (petitioners) filed a Complaint in RTC Branch 82, Odiongan, Romblon, seeking quieting of title, reconveyance, and nullity of tax declaration, free patent, and OCT.
Procedural History
- Petitioners attempted to serve Marivic by registered mail to her Philippine address; mail was returned.
- RTC granted leave to serve by publication on September 18, 2013, ordering summons publication nationwide and mailing to Marivic’s U.S. address.
- Summons published on October 18, 25 and November 1, 2013; petitioners filed affidavit of publication but mailed documents only to Marivic’s Philippine address.
- Marivic did not answer; RTC declared default on April 22, 2014, and allowed ex-parte presentation of evidence.
- RTC Decision (February 16, 2015) declared Free Patent and OCT null and void, cancelled TD No. 00357, and awarded ₱161,421.72 damages to Salvador.
- Marivic filed Motion for New Trial and Reconsideration on grounds of fraud and due process violation; both denied.
- CA (July 20, 2017) reversed RTC