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MANDRIAN vs MANDRIAN

FACTS:

- Petitioner Felipe N. Madrian and respondent Francisca R. Madrian were married on July 7, 1993 in Paraaque City. They resided in San Agustin

Village, Brgy. Moonwalk, Paraaque City.

- Their union was blessed with three sons and a daughter: Ronnick, born on January 30, 1994; Phillip, born on November 19, 1996; Francis Angelo,

born on May 12, 1998 and Krizia Ann, born on December 12, 2000.

- On May 18, 2002, petitioner allegedly left their conjugal abode and took their three sons with him to Ligao City, Albay and subsequently to Sta. Rosa,

Laguna. Respondent sought the help of her parents and parents-in-law to patch things up between her and petitioner to no avail. She then brought the

matter to theLupong Tagapamayapain their barangaybut this too proved futile.

- Respondent filed a petition for habeas corpusof Ronnick, Phillip and Francis Angelo in the Court of Appeals, alleging that petitioner's act of leaving the

conjugal dwelling and going to Albay and then to Laguna disrupted the education of their children and deprived them of their mother's care.

- Petitioner and respondent appeared at the hearing on September 17, 2002. They initially agreed that petitioner would return the custody of their three

sons to respondent. Petitioner, however, had a change of heart and decided to file a memorandum.

- On September 3, 2002, petitioner filed his memorandum alleging that respondent was unfit to take custody of their three sons because she was

habitually drunk, frequently went home late at night or in the wee hours of the morning, spent much of her time at a beer house and neglected her duties

as a mother.

- He also claimed that, after their squabble on May 18, 2002, it was respondent who left, taking their daughter with her. It was only then that he went to

Sta. Rosa, Laguna where he worked as a tricycle driver.

- He submitted a certification from the principal of the Dila Elementary School in Sta. Rosa, Laguna that Ronnick and Phillip were enrolled there. He also

questioned the jurisdiction of the Court of Appeals claiming that under Section 5 (b) of RA 8369 (otherwise known as the "Family Courts Act of 1997")

family courts have exclusive original jurisdiction to hear and decide the petition for habeas corpusfiled by respondent.

- Respondent averred that she did not leave their home on May 18, 2002 but was driven out by petitioner. She alleged that it was petitioner who was an

alcoholic, gambler and drug addict. Petitioner's alcoholism and drug addiction impaired his mental faculties, causing him to commit acts of violence

against her and their children. The situation was aggravated by the fact that their home was adjacent to that of her in-laws who frequently meddled in

their personal problems.

- Court of Appeals ruling

On October 21, 2002, the Court of Appeals rendered a decision asserting its authority to take cognizance of the petition and ruling that, unde

Article 213 of the Family Code, respondent was entitled to the custody of Phillip and Francis Angelo who were at that time aged six and four

respectively, subject to the visitation rights of petitioner. With respect to Ronnick who was then eight years old, the court ruled that his custodyshould be determined by the proper family court in a special proceeding on custody of minors under Rule 99 of the Rules of Court.

- Petitioner moved for reconsideration of the Court of Appeals decision but it was denied. Petitioner challenges the jurisdiction of the Court of Appeals

over the petition for habeas corpusand insists that jurisdiction over the case is lodged in the family courts under RA 8369. He invokes Section 5 (b) o

RA 8369.

ISSUE: W/N petitioners contention is correct in challenging the jurisdiction of the CA overthe petition for habeas corpus.

HELD:

- Petitioner is wrong.

- Section 5 (b) of RA 8369 reveals that family courts are vested with original exclusive jurisdiction in custody cases, not in habeas corpuscases. Writs

of habeas corpuswhich may be issued exclusively by family courts under Section 5 (b) of RA 8369 pertain to the ancillary remedythat may be availed

of in conjunction with a petition for custody of minors under Rule 99 of the Rules of Court. In other words, the issuance of the writ is merely ancillary tothe custody case pending before the family court. The writ must be issued by the same court to avoid splitting of jurisdiction, conflicting decisions

interference by a co-equal court and judicial instability.

- The rule therefore is: when by law jurisdiction is conferred on a court or judicial officer, all auxiliary writs, processes and other means necessary to

carry it into effect may be employed by such court or officer. Once a court acquires jurisdiction over the subject matter of a case, it does so to the

exclusion of all other courts, including related incidents and ancillary matters.

- Petition is hereby DENIED.

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PLANTERS DEVT BANK vs CHANDUMAL

FACTS:

- The instant case stemmed from a contract to sell a parcel of land, together with improvements, between BF Homes, Inc. (BF Homes) and hereinrespondent Julie Chandumal (Chandumal). The property subject of the contract is located in Talon Dos, Las Pias City

- On February 12, 1993, BF Homes sold to PDB all its rights, participations and interests over the contract.

- Chandumal paid her monthly amortizations from December 1990 until May 1994 when she began to default in her payments. In a Notice o

Delinquency and Rescission of Contract with Demand to Vacate4dated July 14, 1998, PDB gave Chandumal a period of thirty (30) days from receipt

within which to settle her installment arrearages together with all its increments; otherwise, all her rights under the contract shall be deemed extinguishedand terminated and the contract declared as rescinded. Despite demand, Chandumal still failed to settle her obligation.

- On June 18, 1999, an action for judicial confirmation of notarial rescission and delivery of possession was filed by PDB against Chandumal.

-PDB alleged that despite demand, Chandumal failed and/or refused to pay the amortizations as they fell due, it caused the rescission of the contract by

means of notarial act, as provided in Republic Act (R.A.) No. 6552.

- According to PDB, it tried to deliver the cash surrender value of the subject property, as required under R.A. No. 6552, in the amount of P10,000.00

however, the defendant was unavailable for such purpose.

- Summons was issued and served by deputy sheriff Roberto T. Galing (Sheriff Galing). According to his return, Sheriff Galing attempted to personally

serve the summons upon Chandumal on July 15, 19 and 22, 1999 but it was unavailing as she was always out of the house on said dates. The sherif

caused substituted service of summons on August 5, 1999 by serving the same through Chandumal's mother who acknowledged receipt.

- PDB filed on April 24, 2000 an ex partemotion to declare Chandumal in default. On January 12, 2001, the RTC issued an Order granting the motion o

PDB.

- On February 23, 2001, Chandumal filed an Urgent Motion to Set Aside Order of Default and to Admit Attached Answer. She maintained that she did

not receive the summons and/or was not notified of the same. She further alleged that her failure to file an answer within the reglementary period was

due to fraud, mistake or excusable negligence. In her answer, Chandumal alleged the following defenses: (a) contrary to the position of PDB, the latter

did not make any demand for her to pay the unpaid monthly amortization; and (b) PDB did not tender or offer to give the cash surrender value of the

property in an amount equivalent to fifty percent (50%) of the actual total payment made, as provided for under Section 3 (b) of R.A. No. 6552

Moreover, Chandumal claimed that since the total payment she made amounts to P782,000.00, the corresponding cash surrender value due her should

be P391,000.00.

- RTC denied Chandumal's motion to set aside the order of default. Her motion for reconsideration was also denied for lack of merit. RTC allowed PDB

to present its evidence ex parte.

- CA, without ruling on the propriety of the judicial confirmation of the notarial rescission, rendered the assailed decision nullifying the RTC decision dueto invalid and ineffective substituted service of summons.

ISSUE: W/N the RTC has jurisdiction over the defendant in a civil case.

HELD:

The fundamental rule is that jurisdiction over a defendant in a civil case is acquired either through service of summons or through voluntary appearance

in court and submission to its authority. If a defendant has not been properly summoned, the court acquires no jurisdiction over its person, and a

judgment rendered against it is null and void.

Where the action is in personam18and the defendant is in the Philippines, service of summons may be made through personal service, that issummons shall be served by handing to the defendant in person a copy thereof, or if he refuses to receive and sign for it, by tendering it to him. 19If thedefendant cannot be personally served with summons within a reasonable time, it is then that substituted service may be made. 20Personal service osummons should and always be the first option, and it is only when the said summons cannot be served within a reasonable time can the process serve

resort to substituted service.

No valid substituted service ofsummons

In this case, the sheriff resorted to substituted service of summons due to his fa ilure to serve it personally. InManotoc v. Court of Appeals,22the Courdetailed the requisites for a valid substituted service of summons, summed up as follows: (1) impossibility of prompt personal servicethe partyrelying on substituted service or the sheriff must show that the defendant cannot be served promptly or there is impossibility of prompt service(2) specific details in the return the sheriff must describe in the Return of Summons the facts and circumstances surrounding the attemptedpersonal service; (3) a person of suitable age and discretionthe sheriff must determine if the person found in the alleged dwelling or residence odefendant is of legal age, what the recipient's relationship with the defendant is, and whether said person comprehends the significance of the receipt othe summons and his duty to immediately deliver it to the defendant or at least notify the defendant of said receipt of summons, which matters must beclearly and specifically described in the Return of Summons; and (4) a competent person in charge, who must have sufficient knowledge tounderstand the obligation of the defendant in the summons, its importance, and the prejudicial effects arising from inaction on the summons. 23These

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were reiterated and applied inPascual v. Pascual,24where the substituted service of summon made was invalidated due to the sheriff's failure tospecify in the return the necessary details of the failed attempts to effect personal service which would justify resort to substituted service of summons.

In applying the foregoing requisites in the instant case, the CA correctly ruled that the sheriff's return failed to justify a resort to substituted service ofsummons. According to the CA, the Return of Summons does not specifically show or indicate in detail the actual exertion of efforts or any positive steptaken by the officer or process server in attempting to serve the summons personally to the defendant. The return merely states the alleged whereaboutsof the defendant without indicating that such information was verified from a person who had knowledge thereof. 25Indeed, the sheriff's return shows amere perfunctory attempt to cause personal service of the summons on Chandumal. There was no indication if he even asked Chandumal's mother asto her specific whereabouts except that she was "out of the house", where she can be reached or whether he even tried to await her return. The "effortsexerted by the sheriff clearly do not suffice to justify substituted service and his failure to comply with the requisites renders such service ineffective.26

Respondent voluntarily submittedto the jurisdiction of the trial court

Despite that there was no valid substituted service of summons, the Court, nevertheless, finds that Chandumal voluntarily submitted to the jurisdiction othe trial court. CHcTIA

Section 20, Rule 14, of the Rules of Court states:

Sec. 20.Voluntary appearance.The defendant's voluntary appearance in the action shall be equivalent to service of summons.The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not bedeemed a voluntary appearance.

When Chandumal filed an Urgent Motion to Set Aside Order of Default and to Admit Attached Answer, she effectively submitted her person to thejurisdiction of the trial court as the filing of a pleading where one seeks an affirmative relief is equivalent to service of summons and vests the trial courwith jurisdiction over the defendant's person. Thus, it was ruled that the filing of motions to admit answer, for additional time to file answer, forreconsideration of a default judgment, and to lift order of default with motion for reconsideration is considered voluntary submission to the trial court's

jurisdiction.27The Court notes that aside from the allegation that she did not receive any summons, Chandumal's motion to set aside order of defaultand to admit attached answer failed to positively assert the trial court's lack of jurisdiction. In fact, what was set forth therein was the substantial claimthat PDB failed to comply with the requirements of R.A. No. 6552 on payment of cash surrender value,28which already delves into the merits of PDB'scause of action. In addition, Chandumal even appealed the RTC decision to the CA, an act which demonstrates her recognition of the trial court's

jurisdiction to render said judgment.

Given Chandumal's voluntary submission to the jurisdiction of the trial court, the RTC, Las Pias City, Branch 255, had all authority to render its Decisiondated May 31, 2004. The CA, therefore, erred in nullifying said RTC decision and dispensing with the resolution of the substantial issue raisedherein, i.e., validity of the notarial rescission. Instead, however, of remanding this case to the CA, the Court will resolve the same considering that therecords of the case are already before us and in order to avoid any further delay.

(WHEREFORE, the petition is DENIED. The Decision dated July 27, 2010 of the Court of Appeals, as well as its Resolution dated February 16, 2011,denying the Motion for Reconsideration in CA-G.R. CV No. 82861 are AFFIRMED in so far as there was no valid service of summons. Further, theCourt DECLARES that there was no valid rescission of contract pursuant to R.A. No. 6552. Accordingly, the Decision dated May 31, 2004 of the

Regional Trial Court, Las Pias City, Branch 255 in Civil Case No. LP-99-0137 is REVERSEDand SET ASIDE, and is therefore, DISMISSEDfor lack omerit.)

DE LEON vs CA

FACTS:

- Private respondents Elaydafiled a complaint for annulment or rescission of a contract of sale of two parcels of land againstpetitioners De Leon beforethe Regional Trial Court of Quezon City.

- Petitioners filed a motion to dismiss on the ground that the trial court did not acquire jurisdiction over the case because of non-payment of the correct

amount of docket fees.

- On October 21, 1991, the trial court denied the motion to dismiss but required the private respondents to pay the amount of docket fees based on the

estimated value of the parcels of land in litigation as stated in the complaint. Their motion for reconsideration having been denied, private respondents

brought the matter to the Court of Appeals.

- On February 26, 1992, a decision was rendered by the respondent court annulling the orders of the trial court and holding an action for rescission or

annulment of contract is not susceptible of pecuniary estimation and, therefore, the docket fees should not be based on the value of the real property,

subject matter of the contract sought to be annulled or rescinded.

- Petitioners moved for reconsideration, but to no avail. Hence, this petition for review on certiorari.

- On October 21, 1991, the trial court5 denied petitioners' motion to dismiss but required private respondents to pay the amount of docket fees based onthe estimated value of the parcels of land in litigation as stated in the complaint.

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- Court of Appeals which, on February 26, 1992, rendered a decision6 annulling the orders of the trial court. The appellate court held that an action forescission or annulment of contract is not susceptible of pecuniary estimation and, therefore, the docket fees should not be based on the value of the

real property, subject matter of the contract sought to be annulled or rescinded. Petitioners moved for reconsideration, but their motion was denied in a

resolution dated March 25, 1992 of the appellate court. Hence, this petition for review on certiorari.

ISSUE:W/N in assessing the docket fees to be paid for filing of an action for annulment or rescission of a contract of sale, the va lue of the real propertyshould be used as basis.

HELD:

The value of the case cannot be estimated, the docket fee for its filing should be the flat amount of P400.00 as fixed by Section 7 (b) (1), Rule 141 of the

Rules of Court. In the present case, the Court of Appeals correctly adjudged that since the action of respondents against petitioners is solely for

annulment or rescission which is not susceptible of pecuniary estimation, the action should not be confused and equated with the value of the property

Although eventually the result may be the recovery of land, it is the nature of the action as one for rescission of contract which is controlling. In view

thereof, the decision of the Court of Appeals is affirmed.

TIJAM vs SIBONGHANOY, ET. AL.

FACTS:

- After one month from the effectivity of the Judiciary Act of 1948, spouses Tijam filed a collection case against spouses Sibonghanoy.

- The preliminary attachment filed by the plaintiff was dissolve by a counterbond posted by the defendants through a surety company.

- After being duly served with summons the defendants filed their answer in which, after making some admissions and denials of the material averments

of the complaint, they interposed a counterclaim.

- The Court rendered judgment in favor of the plaintiffs and, after the same had become final and executory, upon motion of the latter, the Court issued a

writ of execution against the defendants.

- The writ having been returned unsatisfied, the plaintiffs moved for the issuance of a writ of execution against the Surety's bond, against which the

Surety filed a written opposition upon two grounds, namely, (1) Failure to prosecute and (2) Absence of a demand upon the Surety for the payment of

the amount due under the judgment. Upon these grounds the Surety prayed the Court not only to deny the motion for execution against its counter-bond

but also the following affirmative relief : "to relieve the herein bonding company of its liability, if any, under the bond in question"

ISSUE: W/N the surety company can still question the jurisdiction of the trial court.

HELD:

No, though it is clear that the case is outside the jurisdiction of the of the Regional Trial of Cebu, defendants were estopped from questioning the court's

jurisdiction. The Court explained "a party may be estopped or barred from raising a question in different ways and for different reasons. Thus we speak

of estoppel in pais, or estoppel by deed or by record, and of estoppel by laches

Laches, in a general sense is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could

or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled

to assert it either has abandoned it or declined to assert it

The doctrine of laches or of "stale demands" is based upon grounds of public policy which requires, for the peace of society, the discouragement of stale

claims and, unlike the statute of limitations, is not a mere question of time but is principally a question of the inequity or unfairness of permitting a right o

claim to be enforced or asserted

The facts of this case show that from the time the Surety became a quasi-party, it could have raised the question of the lack of jurisdiction [it only raised

the question of jurisdiction after 15 years] of the Court of First Instance of Cebu to take cognizance of the present action by reason of the sum of money

involved which, according to the law then in force, was within the original exclusive jurisdiction of inferior courts. It failed to do so. Instead, at severa

stages of the proceedings in the court a quoas well as in the Court of Appeals, it invoked the jurisdiction of said courts to obtain affirmative relief and

submitted its case for a final adjudication on the merits. It was only after an adverse decision was rendered by the Court of Appeals that it finally woke up

to raise the question of jurisdiction. Were we to sanction such conduct on its part, We would in effect be declaring as useless all the proceedings had in

the present case since it was commenced and compel the judgment creditors to go up their Calvary once more. The inequity and unfairness of this is no

only patent but revolting.

Moreover, adds the Court, "we frown upon the 'undesirable practice' of a party submitting his case for decision and then accepting the judgment, only i

favorable, and attacking it for lack of jurisdiction, when adverse,"

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