Annulment and Falsification Case
Annulment and Falsification Case
Annulment and Falsification Case
THIRD DIVISION
- versus -
SPOUSES ENGRACIA D.
SINGSON and MANUEL F.
SINGSON,
Respondents.
x-------------------------------------------x
HEIRS OF SPOUSES FELICIDAD G.R. No. 207936
. S.D. DOMINGO and MACARIO
DOMINGO namely, Present:
CONSOLACION D. ROMERO,
RAFAEL S.D. DOMINGO, VELASCO, JR., J,
RAMON S.D. DOMINGO, Chairperson,
JOSEFINA D. BORJA, ROSARIO BERSAMIN,
S.D. DOMINGO, and RENATO REYES,
RAMIRO S.D. DOMINGO, JARDELEZA, and
Petitioners, TIJAM, JJ
- versus -
ENGRACIA D. SINGSON,
. ESTELITA I. CA_BALLES, and
THE REGISTER OF DEEDS, SAN Promulgated:
JUAN CITY, METRO MANILA,
x-------"----------------------~~~~~~~~-~~~:----~~~-----x
}
Decision 2 G.R. Nos. 203287 and 207936
DECISION
REYES, J.:
Facts
l
Decision 3 G.R. Nos. 203287 and 207936
name. The petitioners only learned of the supposed sale of the subject
property when they received the summons and a copy of Engracia's
complaint in Civil Case No. 9534.
11
Consequently, on July 31, 2006, the petitioners filed a complaint
with the Regional Trial Court (RTC) of Pasig City, which sought the nullity
of the sale. They alleged that the Absolute Deed of Sale dated June 6, 2006,
upon which Engracia bases her ownership of the subject property, was a
nullity since the signatures of their parents appearing thereon as the
supposed vendors were forged. 12 The case was docketed as Civil Case No.
70898 and was raffled to Branch 160 of the RTC.
II
Id. at 98-103.
12
Id. at 100.
13
Id. at 105-108.
14
Id. at 119-120.
15
Id. at 134-136.
16
Id. at 134.
17
Id. at 135.
18
Id. at 137-140.
19
Rendered by Presiding Judge Leoncio M. Janolo, Jr.; id. at 141-143.
A
Decision 4 G.R. Nos. 203287 and 207936
· reconsideration20 of the Order dated February i2, 2010, but it was denied by
the R TC in its Order21 dated June 7, 2011.
Meanwhile, Civil Case No. 70898 was initially set for pre-trial
conference on February 7, 2008. 27 However, upon motion28 of Engracia, the
pre-trial was reset on March 6, 2008. 29 During the pre-trial conference on ·
March 6, 2008, Engracia moved that Rafael be substituted by his heirs since
he had already died on Oc;tober 15, 2007. 30 Thus, the RTC issued an Order31
dated March 6, 2008 directing the petitioners to comment on Engracia's
motion to substitute Rafael as plaintiff in the case below. On April 8, 2008,
Engracia filed a Motion to Dismiss 32 the case on the ground that the
petitioners failed to substitute the heirs of Rafael as plaintiff in the case. The
motion to dismiss was consequently denied by the RTC in its Order33 dated
November 12, 2008 for lack of merit.
20
Id. at 145-149.
21
Id. at 150-151.
22
Id. at 35-53.
23
Id. at 44.
24
Id. at 49.
25
Id. at 212-221.
26
Id. at217-218.
27
Order dated November 13, 2007 issued by Judg'e Amelia A. Fabros; rollo (G.R. No. 207936), pp.
133-134.
28
. Id. at 139-141.
29
Id. at 142.
30
Id. at 26-27.
31
Id. at 143.
12
Id. at 144-146.
33
ft
Id. at 156.
Decision 5 G.R. Nos. 203287 and 207936 .
34
Id. at 157.
35
Id. at 158-159.
36
Id. at 161.
37
id. at 163-166.
38
Id. at 30.
39
Id. at 171.
40
Id. at 172.
41
Id. at 174-176.
42
Id. at 177.
43
·1d. at 178.
44
Id. at I79.
f
45
Id. at 180-182.
Decision 6 G.R. Nos. 203287 and 207936
On January 27, 2011, the petitioners' counsel failed to appear and the
pre-trial was reset on March 24, 2011. 46 In the morning of March 23, 2011,
the petitioners' counsel informed Renato that he would not be able to attend
the pre-trial conference since he was indisposed and asked the latter to go to
the RTC and request for a resetting of the hearing. When the case was .
called, the petitioners and their counsel failed to appear, which thus
prompted Engracia's counsel to move for the dismissal of the complaint.and
be given time to file the.proper pleading. Thus, the RTC gave Engracia's
counsel 10 days within which to file a motion to dismiss. The _continuation
of the pre-trial was reset on May 26, 2011. 47
On July 29, 2011, the RTC Branch 264 issued an Orders' in Civil
Case No. 70898, dismissing the petitioners' complaint due to their and their
counsel's repeated failure to appear during the scheduled pre-trial hearing
dates.
Issues
Essentially, the issues set forth for the Court's resolution are: first,
whether the proceedings in Criminal Case No. 137867 were properly
suspended on the ground of prejudicial question; and second, whether the
dismissal of the petitioners' complaint in Civil Case No. 70898 due to failure ·
to prosecute was proper.
46
Id. at 190.
47
Id. at 199.
48
Id. at 201-205.
49
Id. at 93.
50
t
Id. at 206.
51
Id. at 225-228.
52
Id. at 89-101.
Decision 7 G.R. Nos. 203287 and 207936
Based on the issues raised in both Civil Case No. 70898 and Criminal
Case No. 137867 against the Spouses Singson, and in the light of the
foregoing concepts of a prejudicial question, there indeed appears to be a
prejudicial question in the case at bar. The defense of the Spouses Singson
in the civil case for annulment of sale is that Engracia bought the subject
property from her parents prior to their demise and that their signatures
appearing on the Absolute Deed of Sale are true and genuine. Their
allegation in the civil case is based on the very same facts, which would be
necessarily determinative of their guilt or innocence as accused in the
criminal case.
'
Decision 8 G.R. Nos. 203287 and 207936
Under the Rules of Court, the parties and their counsel are mandated
to appear at the pre-trial. 59 Pre-trial cannot be taken for granted. It is not a
mere technicality in court proceedings for it serves a vital objective: the
56
Sec. 3. When civil action may proceed independently. - In the cases provided in Articles 32, 33, 34
and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended
party. It shall proceed independently of the criminal action and shall require only a preponderance of
evidence. In no case, however, may the offended party recover damages twice for the same act or omission
charged in the criminal action.
57
Art. 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely
separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall
proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.
58
See Salta v. Hon. Judge De Veyra, etc., et al., 202 Phil. 527, 533 (1982), citing Dionisio, et al. v.
Hon. C. G. Aluendia, et al., 102 Phil. 443 (1957).
59
RULES OF COURT, Rule 18, Section 4.
/l
Decision 9 G.R. Nos. 203287 and 207936
Civil Case No. 70898 was initially set for pre-trial on February 7,
2008 .. In July 2010, after more than two years, Civil Case No. 70898, which
was still in the pre-trial stage, was re-raffled to Branch 264 presided by .
Judge Janolo; the latter immediately scheduled the pre-trial on August 25,
2010. What transpired thereafter is a series of resetting of the hearing dU:e to
the failure of the petitioners and/or their counsel to appear during the
scheduled pre-trial dates. During the scheduled pre-trial on Ma~ch 23, 2011,
the petitioners and their counsel again failed to appear without informing the
RTC of the reason for their non-appearance. Clearly, the petitioners' wanton
disregard of scheduled pre-trial indeed justified the dismissal of their
complaint.
The petitioners have not shown any persuasive reason, which would
justify a relaxation of the rules on pre-trial. That th~ petitioners' counsel
was supposedly indisposed during the pre-trial on March 23, 2011 does not
excuse the petitioners themselves from attending the pre-triaL Moreover,
the· petitioners have failed to advance any valid justification for their and
their counsel's failure to attend the previously scheduled pre-trial hearings.
Accordingly, the trial court could not be faulted for dismissing the complaint
under Section 5 of Rule 18 of the Rules of Court.
60
See The Philippine American Life & General Insurance Company v. Enario, 645 Phil. 166, 176- ·
177 (2010).
61
See Tolentino, et al. v. laurel, et al., 682 Phil. 527, 536 (2012); RULES OF COURT, Rul_e 18,
Section 5.
62
/l
See Social Security System'v. Hon. Chaves, 483 Phil. 292, 301 (2004).
Decision 10 G.R. Nos. 203287 and 207936
NOTICE
CLERK OF COURT
RTC, Branch 264 .
Pasig City [San Juan Station]
Greetings:
Please submit the foregoing motion [in compliance with the order
of the Honorable Court during the hearing on March 23, 2011] for the
consideration and resolution of the Honorable Court immediately upon
receipt hereof.
(Sgd.)
TRISTRAM B. ZOLET A
EXPLANATION
Copy of this pleading was sent to the counsel for the plaintiffs
through registered mail due to lack of messenger at the time of service
rendering personal service not possible.
(Sgd.)
TRISTRAM B. ZOLETA63
(J]
Rollo (G.R. No. 207936), pp. 204-205.
f
Decision 11 G.R. Nos. 203287 and 207936
Considering, however, that the complaint in Civil Case No. 70898 had
already been dismissed with prejudice on account of the petitioners' and
their counsel's persistent failure to appear during the scheduled pre-trial
hearings, the proceedings in Criminal Case No. 137867 should now proceed.
There is no longer. any prejudicial question in Criminal Case No. 137867 ·
since the complaint in Civil Case No. 70898 had been dismissed without
definitely resolving the question of whether the signatures of the Spouses
Domingo in the Absolute Deed of Sale .are genuine. Thus, it is up for the
RTC Branch 264, in Criminal Case No. 137867, to resolve the said issue.
64
See Omico Mining and Industrial Corporation v. Judge Vallejos, 159 Phil. 886 (1975).
65
See Un Giok v. Matus a, et al., 10 I Phil. 727 ( 1957).
66
Rollo (G.R. No. 207936), p. 38.
67
68
Id. at 40.
See Patricio v. Judge Leviste, 254 Phil. 780, 786 (1989).
t
Decision 12 G.R. Nos. 203287 and 207936
SO ORDERED.
BIENVENIDO L. REYES
Associate Justice
. WE CONCUR:
Associate Justice
\~ / -
~~~~~~~tt~
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
ssociate Justice
Chairperson
f
Decision 13 G.R. Nos. 203287 and 207936
CERTIFICATION
\".fl,FRF)UO V. LAPJl'AN
Divisio.I Clerk of Court
Third Division
JUN o 7 2017
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