GR 227033; (December, 2018) (Digest)
G.R. No. 227033 . December 03, 2018
REYNALDO E. ORLINA, PETITIONER, VS. CYNTHIA VENTURA, REPRESENTED BY HER SONS ELVIC JHON HERRERA AND ERIC VON HERRERA, RESPONDENTS.
FACTS
The property, a 406-square meter lot in Quezon City registered under respondent Cynthia Ventura’s name, was sold at a public auction due to her real property tax delinquency from 1998 to 2008. Petitioner Reynaldo Orlina was the highest bidder. After the redemption period lapsed without Ventura redeeming the property, the City Treasurer issued a Final Bill of Sale to Orlina. Orlina then filed a petition with the Regional Trial Court (RTC) for approval of the sale, cancellation of Ventura’s title, and issuance of a new title in his favor. The RTC, after finding compliance with jurisdictional requirements through publication and posting, and with no opposition filed, granted Orlina’s petition and issued a new title in his name. Ventura only learned of the proceedings when Orlina sought a writ of possession. She then filed an omnibus motion for reconsideration, which the RTC denied, ruling her reliefs should be pursued in a separate action.
ISSUE
Whether the Court of Appeals correctly annulled the RTC Decision for lack of jurisdiction over the person of Ventura, constituting a violation of her right to due process.
RULING
Yes, the Court of Appeals was correct. The Supreme Court affirmed the CA’s decision, emphasizing that the RTC’s proceedings were fatally defective for violating Ventura’s constitutional right to due process. While the RTC’s petition for the issuance of a new certificate of title under Section 107 of Presidential Decree No. 1529 is an action in rem, which generally binds the whole world upon compliance with publication and posting, this rule is not absolute. The Court held that where the registered owner is known and her address is ascertainable from the certificate of title itself, the fundamental requirement of due process demands that she be personally served with notice of the proceedings. The RTC’s failure to serve notice on Ventura, despite her identity and interest being clear from the records, meant it never acquired jurisdiction over her person. Consequently, the judgment rendered against her was null and void. The Court further ruled that a judgment void for lack of due process can be assailed at any time, and the remedy of certiorari was appropriate to challenge it. Thus, the CA properly annulled the RTC Decision and ordered the reinstatement of Ventura’s original title.