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    Pacana-Gonzales V CA Gr150908

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    Adi Lim
    1. The heirs of Pacaña filed a case to nullify the title of Manuel Carbonell Phua to a lot, claiming the heirs were the rightful owners. Summons were served to previous owners but not to Phua, whose address was unknown. Summons by publication was made but not supported by the required affidavit, making it invalid. 2. The newspaper used for publication, The Visayan Herald, was found not to be of general circulation as required. It had a limited paid subscription and was not published regularly. 3. Because the service of summons by publication to Phua was invalid and not in the required newspaper, the regional trial court failed to acquire proper

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    Pacana-Gonzales V CA Gr150908

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    Adi Lim
    108 views2 pages
    1. The heirs of Pacaña filed a case to nullify the title of Manuel Carbonell Phua to a lot, claiming the heirs were the rightful owners. Summons were served to previous owners but not to Phua, whose address was unknown. Summons by publication was made but not supported by the required affidavit, making it invalid. 2. The newspaper used for publication, The Visayan Herald, was found not to be of general circulation as required. It had a limited paid subscription and was not published regularly. 3. Because the service of summons by publication to Phua was invalid and not in the required newspaper, the regional trial court failed to acquire proper

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    Civil Procedure

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    Pacana-gonzales v CA Gr150908

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    1. The heirs of Pacaña filed a case to nullify the title of Manuel Carbonell Phua to a lot, claiming the heirs were the rightful owners. Summons were served to previous owners but not to Phua, whose address was unknown. Summons by publication was made but not supported by the required affidavit, making it invalid. 2. The newspaper used for publication, The Visayan Herald, was found not to be of general circulation as required. It had a limited paid subscription and was not published regularly. 3. Because the service of summons by publication to Phua was invalid and not in the required newspaper, the regional trial court failed to acquire proper

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    108 views2 pages

    Pacana-Gonzales V CA Gr150908

    Uploaded by

    Adi Lim
    1. The heirs of Pacaña filed a case to nullify the title of Manuel Carbonell Phua to a lot, claiming the heirs were the rightful owners. Summons were served to previous owners but not to Phua, whose address was unknown. Summons by publication was made but not supported by the required affidavit, making it invalid. 2. The newspaper used for publication, The Visayan Herald, was found not to be of general circulation as required. It had a limited paid subscription and was not published regularly. 3. Because the service of summons by publication to Phua was invalid and not in the required newspaper, the regional trial court failed to acquire proper

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    G.R. No.

    150908 January 21, 2005

    PACAÑA-GONZALES, as one of the heirs of Luciano Pacaña,


    petitioner, vs. THE HONORABLE COURT OF APPEALS and
    MANUEL CARBONELL PHUA, respondents.

    CARPIO MORALES, J.:

    FACTS:

    Spouses Amarillo registered owners of subject lot 7746 located in


    Cebu, it was conveyed to Manuel Carbonell Phua and Amarillo􏰀s title
    was cancelled. More than a decade later heirs of Pacaña claim the lot
    and filed a complaint for Nullity of Title and Annulment of Deed of
    Sale. Summons together with the complaint was served to the
    spouses Amarillo but not to the Phua who was unknown at his given
    address at Salinas Compound Lahug, Cebu City. Service of
    summons to Phua by postal service was served but the same failed,
    then summons by publication was resorted. It was publish once a
    week for (3) three consecutive weeks.

    No answer recievd by Phua within reglementary period. The RTC


    declared him in default and the heirs of Pacaña were allowed to
    present their evidence exparte. Decision was served against the
    defendant by publication and the Register of Deeds of Cebu City
    issue a new transfer certificate of title to Pacaña.
    Phua filed for annulment of judgment in Court Of Appeals, because
    when the case was filed by the Pacaña he did not receive any
    summons because he was outside the country. CA granted the
    petition and the RTC􏰀c decision were declared null and void, for lack
    of jurisdiction over the person.

    ISSUE:

    1. Whether or not the service of summons to Phua was valid.


    2. Whether or not the publisher is of general circulation.
    3. Whether or not RTC acquire jurisdiction.

    RULING:

    1. In rule 14 SEC. 21. Proof of service by publication. 􏰀 If the


    service has been made by publication, service may be proved
    by the affidavit of the printer, his foreman or principal clerk, or of
    the editor, business or advertising manager, to which affidavit a
    copy of the publication shall be attached, and by an affidavit
    showing the deposit of a copy of the summons and order for
    publication in the post office, postage prepaid, directed to the
    defendant by registered mail to his last known address. Since
    Phua’s whereabouts were unknown and could not be
    ascertained by diligent inquiry, service of summons by
    publication was correctly availed of by the Heirs of Pacaña. But
    such service of summons to Phua by publication was not
    supported by an affidavit therefore it is invalid.

    2. The Visayan Herald is published for the dissemination of local


    news and general information, that it has a bona fide
    subscription list of paying subscribers and that it is published at
    regular intervals. The Visayan Herald publishing was not
    considered a newspaper of general circulation because their
    publications were by intervals and is only by their bona fide
    subscription list of paying subscribers, literally not for public and
    thus not qualified as general circulation.

    3. Regional Trial Court failed to acquire jurisdiction for not


    diligently following required necessary requisites. Hence the
    issuance of new certificate is null and void.

    WHEREFORE, the petition is hereby DENIED for lack of merit.

    Costs against petitioner.

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