G.R. No. L-11874; June 27, 1958
PASTOR DOMINGO (Heir of the deceased Emilia Enriquez), petitioner, vs. HON. NICASIO YATCO, Judge of the Court of First Instance of Quezon City, J. M. TUASON and CO. INC., and the PROVINCIAL SHERIFF OF RIZAL, respondents.

FACTS

J. M. Tuason & Co., Inc., a domestic corporation and registered owner of a parcel of land known as the Sta. Mesa Heights Subdivision, filed a complaint for ejectment (Civil Case No. Q-1087) against Emilia Enriquez on June 26, 1954. The complaint alleged that Enriquez had illegally occupied a portion of Lot No. 43, Block 383, and a rotonda area, constructing two houses without consent, preventing the plaintiff from selling the lot, and causing damages of P20 a month. Summons was served by leaving a copy with Enriquez’s daughter, Eleuteria Domingo, at their residence, who refused to acknowledge receipt. Upon Enriquez’s failure to answer, the respondent Judge declared her in default on February 21, 1955, and based on ex parte evidence, rendered a decision on March 2, 1955, ordering Enriquez to vacate the lot, remove the constructions, and pay damages. A writ of execution was issued on May 21, 1956, and an order for demolition was issued on August 18, 1956. On September 19, 1956, an “Urgent Motion to Set Aside Order of Execution and Order Granting Motion for Demolition” was filed by an unidentified movant through counsel Palarca & Palarca, who signed as “Counsel for the Defendant.” The motion alleged that the trial court lacked jurisdiction because defendant Emilia Enriquez had died on May 20, 1954, over a month before the complaint was filed, as evidenced by a death certificate and burial contract. The respondent Judge denied this motion on November 24, 1956, citing “lack of personality on the part of counsel.” Petitioner Pastor Domingo, claiming to be an heir of Emilia Enriquez, then filed this petition for certiorari to declare null and void the decision and orders, alleging the court never acquired jurisdiction due to the defendant’s death prior to the filing of the complaint. Respondent J. M. Tuason & Co., Inc., in its answer, disclaimed knowledge of Domingo’s heirship, asserted proper service of summons, and contended that Domingo, as a third party, could not collaterally attack the final decision.

ISSUE

Whether the trial court acquired jurisdiction over Civil Case No. Q-1087 given the allegation that the defendant, Emilia Enriquez, was already deceased at the time the complaint was filed.

RULING

The petition for certiorari is granted. The Supreme Court ruled that if Emilia Enriquez was indeed dead at the time the complaint was filed, the trial court acquired no jurisdiction over the case. However, the fact of her death is a question that must be duly established. In the interest of justice, and to give the defense and the petitioner an opportunity to present evidence on the alleged death, the Supreme Court ordered the civil case to be reopened. The purpose is to duly establish the fact of Emilia Enriquez’s death and, if proven, to allow her estate to be adequately represented in the case and given its day in court. The trial court was suggested to give preference to this case for early and final determination. No costs were awarded.