GR L 3595; (May, 1950) (Digest)
G.R. No. L-3595; May 22, 1950
ANG LAM, petitioner, vs. POTENCIANO ROSILLOSA and VICENTE SANTIAGO, Judge of the Court of First Instance of Quezon, respondents.
FACTS
Respondent Potenciano Rosillosa filed a complaint to redeem a parcel of land he had sold to Maximo Alpay, who later sold it to Eugenia Peregrina. The action was filed against Alpay and Peregrina. Summons was served on Peregrina by publication after an allegation that she could not be found. The court declared her in default and rendered judgment in favor of Rosillosa. It was later discovered that Eugenia Peregrina had already died on April 1, 1945, more than two years before the case was filed in October 1947. Petitioner Ang Lam, appointed administrator of Peregrina’s estate, moved to set aside the judgment for lack of jurisdiction over Peregrina’s person. The respondent judge denied the motion, reasoning that the action was in rem, that Ang Lam was the surviving husband and administrator, and that the motion was filed beyond the period in Rule 38.
ISSUE
Whether the trial court acquired jurisdiction over the person of the defendant Eugenia Peregrina, who was already deceased at the time the action was commenced.
RULING
No. The judgment is null and void for lack of jurisdiction over the person of the defendant. An action for redemption or recovery of title to real property is an action in personam, not an action in rem. It binds only the parties properly impleaded and duly heard. Since the defendant was already dead when the suit was filed, service of summons by publication was a complete nullity and could not confer jurisdiction. The trial court’s reasons for denying the motion to set aside were erroneous. Rule 38 on relief from judgments is inapplicable as the petitioner was not a party to the original case and the attack is based on lack of jurisdiction, not fraud, accident, mistake, or negligence. A void judgment can be assailed at any time. The order denying the motion is set aside and the decision in the civil case is declared null and void.
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