Yap Vs Lagtapon G.R. NO. 196347 January 23, 2017 SUSAN A. YAP, Petitioner ELIZABETH LAGTAPON, Respondent Facts

YAP VS LAGTAPON
G.R. NO. 196347 January 23, 2017
SUSAN A. YAP, Petitioner
vs.
ELIZABETH LAGTAPON, Respondent
FACTS:
On 9 October 1997, respondent (Lagtapon) instituted a civil suit against the

petitioner (Yap) for a sum of money with the Regional Trial Court of Negros Occidental.
Summons was issued and as per return of service of summons prepared by the
process server of the respondent court in the person of Ray R. Precioso, he served the
summons on Yap who, however, refused to acknowledge receipt thereof, thus,
compelling him to tender the same and left a copy thereof for her.
As no answer was filed, Lagtapon filed a motion to declare Yap in default. The
said motion was granted by the respondent court declaring Yap in default and allowing
Lagtapon to present her evidence ex-parte.
The respondent court rendered the challenged Decision in favor of [respondent

Lagtapon] and against [petitioner Yap]. Respondent (Lagtapon) filed a motion for
execution which was favorably acted upon by the respondent court.
The Ex-Officio Provincial Sheriff for Negros Occidental issued a notice of sale on
execution setting the auction sale of petitioner's property. The property of petitioner that
was put up for execution sale consists of a parcel of land.
On or about 11 October 2000, Joey de la Paz, to whom [petitioner Yap]

mortgaged the same property, informed her that when he asked his secretary to secure
a copy of the title covering the property from the Registry of Deeds of Bacolod City, it
was found out that annotated on the title is a notice of embargo relative to Civil Case
No. 97-9991, that a notice of sale on execution had already been issued and that the
said property was scheduled to be sold at auction.
Immediately upon receiving such information, [petitioner Yap] proceeded to the

Hall of Justice to verify the truthfulness thereof. It was only then that she discovered that
she was sued by [respondent Lagtapon] and a judgment by default against her had long
been issued.
STATEMENT OF THE CASE
Petitioner Yap filed the subject Petition for Annulment with the Court of Appeals
(CA), assailing the RTC Decision on the ground that Summons was not validly served
on her, which thus prevented the RTC from acquiring jurisdiction over her person.
Simply put, petitioner Yap wholly denied the fact of service of Summons, as reflected in
the Return of Service accomplished by the RTC's process server, Roy R. Precioso.
Petitioner Yap likewise categorically denied receipt of the Motion to Declare in Default.
The CA denied the Petition for Annulment and upheld the validity of the service
of Summons on petitioner Yap. The CA held that petitioner Yap's evidence failed to
rebut the presumption of regularity, i.e., that she failed to satisfactorily establish the
fact that she was residing elsewhere during the time of the service of Summons,
contrary to what was stated in the Return of Service.
Yap filed for a Motion for Reconsideration but was denied by the CA.
Then Yap filed an Appeal for Certiorari (Petition) under Rule 45 of the Rules of
Court assailing the decision issued by the CA.
Thus, this case.
ISSUE:
The sole issue in this case is whether or not the CA committed reversible error in
dismissing the Petition for Annulment and ruling that the RTC had validly acquired
jurisdiction over petitioner Yap's person through service of summons..
RULING:
No. The CA did not commit reversible error in dismissing the Petition for
Annulment and ruling that the RTC had validly acquired jurisdiction over petitioner Yap's
person through service of summons.
The Court upholds the finding of the CA in its questioned Decision that petitioner
Yap' s evidence does not constitute clear and convincing evidence to overturn
the presumption of regularity attendant to the Return of Service. In light of petitioner
Yap's failure to rebut such presumption, the Court finds that the RTC properly acquired
jurisdiction over petitioner Yap's person, which renders the RTC Decision valid.
APPLICABLE PRINCIPLES OR DOCTRINES
The following important principles were touched in this case:

1. Presumption of Regularity in the Performance of Official Duty:
a. The presumption of regularity in the performance of official duties is an aid to the

effective and unhampered administration of government functions. Without such
benefit, every official action could be negated with minimal effort from litigants,
irrespective of merit or sufficiency of evidence to support such challenge. Our
body of jurisprudence has been consistent in requiring nothing short of clear and
convincing evidence to the contrary to overthrow such presumption.
Submitted by:
FREDIE A. VEDANIA
Juris Doctor 2
DMMMSU College of Law
City of San Fernando
Submitted to:
ATTY. MARIVIC ESTRADA RIMANDO

Professor
Administrative and Election Laws
Reference:
https://lawphil.net/judjuris/juri2017/jan2017/gr_196347_2017.html

Yap Vs Lagtapon G.R. NO. 196347 January 23, 2017 SUSAN A. YAP, Petitioner ELIZABETH LAGTAPON, Respondent Facts

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Yap Vs Lagtapon G.R. NO. 196347 January 23, 2017 SUSAN A. YAP, Petitioner ELIZABETH LAGTAPON, Respondent Facts

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YAP VS LAGTAPON

G.R. NO. 196347 January 23, 2017

On 9 October 1997, respondent (Lagtapon) instituted a civil suit against the

The respondent court rendered the challenged Decision in favor of [respondent

On or about 11 October 2000, Joey de la Paz, to whom [petitioner Yap]

Immediately upon receiving such information, [petitioner Yap] proceeded to the

Thus, this case.

APPLICABLE PRINCIPLES OR DOCTRINES

The following important principles were touched in this case:

a. The presumption of regularity in the performance of official duties is an aid to the

ATTY. MARIVIC ESTRADA RIMANDO

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