### Facts:
1. **Ownership and Donation of Property:**
– The Spouses Ramon and Marta Solis owned a five-hectare untitled fishpond in Romblon, covered by several Tax Declarations, the last being TD No. A08-005-00279.
– Other properties were donated to their children before their death, except the fishpond.
2. **Discovery of Alleged Typographical Error:**
– Post their demise, Salvador M. Solis, one of the heirs, discovered the TD over the fishpond was changed from Ramon M. Solis, Sr. to Ramon M. Solis, Jr. (Salvador’s brother, deceased).
– The fishpond was included in Ramon, Jr.’s estate and eventually registered under Marivic Solis-Laynes through Free Patent.
3. **Filing of Complaint:**
– Salvador filed a complaint alleging fraud and unlawful intent by Marivic and sought to nullify the title and TD.
– He also alleged Marivic and her husband were American citizens and provided a Philippine address for service of summons.
4. **Service of Summons:**
– Initial attempts to serve summons failed as Marivic was abroad. Summons by publication was then ordered and executed.
– Salvador sent a copy of the summons to Marivic’s last known address in the Philippines instead of her US address.
5. **Subsequent Procedural Moves:**
– Marivic did not respond within the given time, leading to a default declaration by the RTC in favor of Salvador.
– Marivic later filed a Motion for New Trial arguing improper service and lack of due process.
6. **RTC and CA Rulings:**
– RTC’s decision favored Salvador, annulling the free patent and TD.
– CA reversed the RTC, ruling that service was invalid, thus dismissing the complaint.
### Issues:
1. **Valid Service of Summons:**
– Was the service of summons on Marivic valid as per Section 15, Rule 14 of the 1997 Rules of Civil Procedure?
2. **Voluntary Appearance and Jurisdiction:**
– Did Marivic’s voluntary appearance in seeking affirmative relief cure any defect in the service of summons?
3. **Due Process:**
– Was Marivic denied due process by the RTC, and should the case be remanded for further proceedings?
### Court’s Decision:
#### 1. Valid Service of Summons:
– **Issue:**
– The propriety of the extraterritorial service, particularly, the failure to mail a copy to Marivic’s last known U.S. address.
– **Ruling:**
– The extraterritorial service was defective. Although publication occurred, Salvador did not comply with the requirement of sending the summons to Marivic’s U.S. address, invalidating service as per the rules.
#### 2. Voluntary Appearance:
– **Issue:**
– Whether Marivic’s filing of a Motion for New Trial constituted voluntary appearance and cured the jurisdictional defect.
– **Ruling:**
– Marivic’s actions were deemed a voluntary appearance, equating to personal service and thus curing the defect in the service of summons.
#### 3. Due Process:
– **Issue:**
– Whether Marivic was denied due process due to lack of proper notification and opportunity for defense.
– **Ruling:**
– The Court found that despite Marivic’s voluntary appearance, she was not afforded the opportunity to be heard due to the RTC’s default order.
– The RTC should have granted her Motion for New Trial, vacating the default judgment and allowing her participation.
### Doctrine:
– **Due Process in Service of Summons:**
Proper service of summons is integral to due process. Defective service can be cured through the defendant’s voluntary appearance, which is considered equivalent to proper service.
– **Jurisdiction and Summons:**
Proper procedure must strictly be followed in actions involving non-residents. Mailing copies of the summons and complaint to the defendant’s correct last known address is crucial in extraterritorial service situations.
### Class Notes:
1. **Service of Summons:**
– Section 15, Rule 14 (1997 Rules of Civil Procedure) for extraterritorial service: Requires publication and mailing to the last known address.
– “Service of summons is critical in acquiring jurisdiction and ensuring due process.”
– **Application:** Defects in the process can invalidate court proceedings unless cured by voluntary appearance.
2. **Voluntary Appearance:**
– Equivalent to proper service of summons, curing defects.
– **Example:** Filing of a Motion for New Trial or other responsive pleadings.
3. **Property Law Principles:**
– Actions to quiet title and annul tax declarations are quasi in rem.
– **Importance:** These actions primarily affect property interests and usually don’t require personal jurisdiction over non-resident defendants.
### Historical Background:
– **Context:**
The case emerges within ongoing issues of property rights and inheritance disputes in the Philippines, an area often complicated by improper service procedures especially involving non-resident parties, amid globalization and frequent migration. The legal frameworks, like Rule 45 petitions, and extraterritorial service provisions aim to address the due process in civil litigation involving property rights.
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