G.R. No. L-17469; November 28, 1964
Juan Soriano, petitioner, vs. Hon. Perfecto R. Palacio, and Engracia Medenilla, respondents.

FACTS

Engracia Medenilla filed a complaint against Juan Soriano to recover a half interest in a land. Soriano was declared in default for failure to answer. The trial court rendered a partial decision in favor of Medenilla, declaring her a half-owner and ordering Soriano to vacate and deliver the northern half. After execution was issued, Soriano filed a motion for reconsideration, claiming the court never acquired jurisdiction over him because summons was improperly served on a minor relative who failed to deliver it. The trial court denied this motion and a subsequent reiteration.

ISSUE

Whether the trial court committed a grave abuse of discretion in denying Soriano’s motions to annul the proceedings for lack of jurisdiction.

RULING

The Supreme Court denied the petition for certiorari. Assuming the initial service of summons was defective, Soriano voluntarily submitted to the court’s jurisdiction when he filed his first motion for reconsideration and for annulment of proceedings. The order denying that first motion became final and executory after no appeal was perfected within the reglementary period. His second motion, filed after the order had become final, was correctly denied as it could no longer affect the final order. The trial court did not commit grave abuse of discretion.