Mercado Vs Ubay

FORTUNATA MERCADO, BASILIA CUEVAS MERCADO, SOTERA MERCADO and
TRINIDAD MERCADO, petitioners, vs.Hon. ALBERTO Q. UBAY as Presiding Judge of

the Court of First Instance of Rizal, Branch XXXII, LUCINA SAMONTE and
TRINIDAD M. SAMONTE, respondents.
G.R. No. L-35830 July 24, 1990
MEDIALDEA, J. Ponente
FACTS: Petitioners filed an action for partition with the Court of First Instance of Cavite,
Branch I, docketed as Civil Case No. TM-223, against Antonio, Ely and respondents Lucina
and Trinidad, all surnamed Samonte and who are brothers and sisters.
On June 27, 1966, the defendants were served with a copy of the complaint and
summons thru their co-defendant Antonio Samonte who acknowledged receipt thereof.
Defendents filed their answer through their counsel. the Court of First Instance of Cavite
(now RTC) rendered judgment in favor of the petitioners and against all the defendants in
the civil case, including private respondents. Since no appeal was made by any of the
defendants from the decision of the trial court, the same became final and executory and
the court issued the corresponding writ of execution. However, before the writ could be
carried out by the provincial sheriff, all the defendants, thru the same counsel, Atty.
Danilo Pine, filed a petition for certiorari and mandamus with the Court of Appeals
seeking to annul the writ of execution issued by the trial court in Cavite. CA dismissed the
appeal for lack of merit. On May 27, 1972, respondent Lucina Samonte and Trinidad
Samonte brought an action before the Court of First Instance of Rizal (now RTC), for the
annulment of the final judgment rendered by the trial court in Cavite, alleging the
following matters: that they did not authorize anyone including Atty. Danilo Pine to file an
answer in their behalf as defendants, and that the filing of the petition for certiorari with
the Court of Appeals to annul the writ of execution in the same case was without their
knowledge and participation.
Petitioners' motion to dismiss the action was denied by the CFI of Rizal. Thus, the instant
petition was filed.
ISSEU: whether or not the Court of First Instance of Rizal (now RTC) committed grave
abuse of discretion or acted without jurisdiction in denying the petitioners' motion to
dismiss the action for annulment of the final and executory judgment rendered by the CFI
of Cavite.
HELD: No. The applicable law is Republic Act No. 296, as amended, otherwise known as
"The Judiciary Act of 1948," which was the law in force when the disputed action for
annulment was filed on May 27, 1972 in the CFI of Rizal. This is based on the principle
that the facts alleged in the complaint and the law in force at the time of commencement
of action determine the jurisdiction of a court. Section 44(a) of the Revised Judiciary Act
of 1948 then vested original jurisdiction in the Courts of First Instance over all civil
actions in which the subject of the litigation is not capable of pecuniary estimation and an
action for the annulment of a judgment and an order of a court of justice belongs to this
category (Vda. de Ursua v. Pelayo, 107 Phil. 622). A court of first instance or a branch
thereof has the authority and the jurisdiction as provided for by law to annul a final and
executory judgment rendered by another court of first instance or by another branch of
the same court. Thus, in an action to annul a final judgment or order, the choice of which
court the action should be filed is not left to the parties; by legal mandate the action
should be filed with the Court of First Instance. The question is in what place (with what
particular court of first instance) the action should be commenced and tried. The issue
therefore to be resolved in the instant case is not one of jurisdiction but of venue-whether
it was properly laid in the Court of First Instance of Rizal for the annulment of the
judgment rendered by the CFI of Cavite. The complaint filed by respondent with the CFI of
Rizal for the annulment of judgment states that they reside at Caloocan City and that
petitioners, as defendants, reside at Cavite. Since the action for annulment of judgment is
a personal one, the venue of the action in this case should be either CFI of Caloocan or
CFI of Cavite at the election of the plaintiff. Clearly, venue was improperly laid in the CFI
of Rizal and respondent judge should have dismissed the action for annulment of
judgment on the ground of improper venue. It is significant to state at this point that
although the prevailing rule before B. P. 129 was that courts of first instance and their
branches have jurisdiction to annul each other's final judgments and orders as ruled in
Dulap and subsequent cases, fundamental principles still dictate that the better policy, as
a matter of comity or courteous interaction between courts of first instance and the
branches thereof, is for the annulment cases to be tried by the same court or branch
which heard the main action sought to be annulled. Moreover, despite the re-examination
by this Court of the old ruling in Mas v. Dumara-og, supra, recent decisions still uphold its
rationale that pursuant to judicial stability, the doctrine of non-interference should be
regarded as highly important in the administration of justice whereby the judgment of a
court of competent jurisdiction may not be opened, modified or vacated by any court of
concurrent jurisdiction. While the foregoing discussion may no longer find any application
at this time with the effectivity of Batas Pambansa, Blg. 129, enacted on August 10,
1981, which transferred the jurisdiction over actions for annulment of judgment to the
Court of Appeals, it was deemed necessary if only to bring light and settle the existing
confusion and chaos among judges of the different courts of first instance and their
branches concerning the application of the old laws on jurisdiction and venue over this
kind of action. Probably, this confusion was the underlying reason of the Legislature
behind the transfer of jurisdiction over annulment of judgments from the trial courts to
the Court of Appeals under B.P. 129.

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FORTUNATA MERCADO, BASILIA CUEVAS MERCADO, SOTERA MERCADO and

TRINIDAD MERCADO, petitioners, vs.Hon. ALBERTO Q. UBAY as Presiding Judge of

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