G.R. No. 192285 -

Ruling

Accordingly, on December 1, 2003, the RTC declared them in default, and subsequently rendered a judgment in default in accordance with the judgment of the Supreme Court of British Columbia. [16] On March 30, 2004, the RTC issued a Writ of Execution [17] authorizing the sheriff to attach sufficient properties belonging to Narvin and Mary to satisfy the judgment award. On August 3, 2004, the RTC, acting on respondent's motion to modify the Writ of Execution (to include in the writ the properties under the name of Mateo whose title and tax declarations were previously annotated), modified the Writ of Execution. [18] It issued an Amended Writ of Execution [19] on September 9, 2004 authorizing the sheriff to include the properties registered in the name of Mateo as subject of the execution. Subsequently, 13 levied properties not covered by certificates of title were sold in public auction on June 23, 2004, wherein respondent placed the highest bid of P10,000,000.00. [20] The properties listed in the Certificate of Sale [21] were: (1) a coco/agricultural land covered by Tax Declaration No. 016-0322A in the name of "Mary Mitchie Encarnacion;" and (2) a commercial/agricultural land covered by Tax Declaration No. 007-0410AR in the name of "Mary Mitchie E. Edwardson." On January 11, 2005, respondent filed a motion for clarificatory order [22] seeking further amendment of the writ of execution to expressly authorize the levy of the properties in the name of Mateo whose title and tax declarations were previously annotated with the March 30, 2004 Order. Subsequently, Mateo filed an Affidavit of Third Party Claim [23] dated January 17, 2005 before the RTC, which was noted on January 20, 2005, [24] claiming that he is the owner of 14 parcels of land which were being levied. The records, however, are not clear as to what action was taken by the RTC on Mateo's third party claim. [25] In its February 17, 2005 Order, [26] the RTC, acting on respondent's motion for clarificatory order, further amended the Writ of Execution as follows: "x x x "AND FURTHER ORDERS to levy the properties registered under the name of Mateo Encarnacion which was previously annotated in the Assessors Office and the Register of Deeds of Iba, Zambales, shall be the subject of the same under execution." On September 10, 2007, or more than two years after the February 17, 2005 Order was issued, Mateo filed a petition for annulment of judgment [27] before the CA (CA-G.R. SP No. 100483). He alleged that he is the owner of 18 properties levied in Civil Case No. 110-0-2003; that he was not made a party to the case; and that the inclusion of his properties in the levy and execution sale were made without notice to him. [28] Mateo, nonetheless, admitted before the CA that he has no standing to question the proceedings on the action for recognition and enforcement of judgment. He asserts that he is only questioning the February 17, 2005 Order which deprived him of his properties. [29] In his answer,