G.R. No. 147369 - SPOUSES PATRICK JOSE AND RAFAELA JOSE, VS. SPOUSES HELEN BOYON AND ROMEO BOYON.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, on the basis of what prescinds, the assailed resolution and orders issued by the public respondent are perforce ANNULLED and SET ASIDE. This pronouncement is nonetheless rendered without prejudice to the refiling of the same case by the private respondents with the court a quo. " [3] The Facts The factual antecedents of the case are narrated by the CA in this wise: "On July 2, 1998, [petitioners] Patrick and Rafaela Jose lodged a complaint for specific performance against [respondents] Helen and Romeo Boyon to compel them to facilitate the transfer of ownership of a parcel of land subject of a controverted sale. The action was lodged before the Regional Trial Court of Muntinlupa which is presided by herein public respondent Judge N.C. Perello. On July 21, 1998, respondent judge, through the acting Branch Clerk of Court of Branch 276 of the RTC of Muntinlupa City, issued summons to the [respondents]. As per return of the summons, substituted service was resorted to by the process server allegedly because efforts to serve the summons personally to the [respondents] failed. On December 9, 1998, [petitioners] filed before the trial court an Ex-parte Motion for Leave of Court to Effect Summons by Publication. On December 28, 1998, public respondent issued an Order granting the Ex-parte Motion for Leave of Court to Effect Summons by Publication. On July 30, 1999, the respondent judge, sans a written motion, issued an Order declaring herein [respondents] in default for failure to file their respective answers. As a consequence of the declaration of default, [petitioners] were allowed to submit their evidence ex-parte. Ultimately, on December 7, 1999, respondent judge issued the assailed resolution, the dispositive portion of which reads as follows: `x x x Therefore, Spouses Helen and Romeo Boyon are directed to execute the necessary document with the effect of withdrawing the Affidavit of Loss they filed and annotated with the Register of Deeds of Makati City so that title `to the parcel of land subject of the Deed of Absolute Sale in favor of the Plaintiffs be transferred in their names. Thereafter the Register of Deeds of Makati City or Muntinlupa City may cancel Transfer of Certificate of Title No. 149635 of the Defendants and issue another to Plaintiff under the deed of sale, clean and free of any reported encumbrance. `Defendants are also directed to pay Plaintiffs actual expenses in the amount of P20,000 and attorney's fees of P20,000 including costs of this suit.' x x x x x x x x x "On January 5, 2000, [respondent] Helen Boyon, who was then residing in the United States of America, was surprised to learn from her sister Elizabeth Boyon, of the resolution issued by the respondent court. On January 18, 2000, [respondents] filed an Ad Cautelam motion questioning, among others, the validity of the service of summons effected by the court a quo. On March 17, 2000, the public respondent issued an Order denying the said motion on the basis of