Motion For Reconsideration - Gonzales
Motion For Reconsideration - Gonzales
Motion For Reconsideration - Gonzales
PREFATORY STATEMENT
2. The undersigned counsel, however, did not receive the said Resolution
from the Honorable Court and only learn the existence of such upon
receiving the above-mentioned Motion by the Defendant;
7. At the onset, the Plaintiffs acquired title to the property in the series of
various sales originating from the Defendant’s predecessor-in-interest.
9. It is established that one can sell only what one owns or is authorized to
sell, and the buyer can acquire no more right than what the seller can
transfer legally.2 Nemo dat quod non habet;
10.The second sale between Advento to Ringor in 1982 is a valid sale for
first, the sale was made when the first sale was not yet declared null and
void, second, Ringor is an innocent purchaser and for value and finally,
Ringor was not impleaded for the action to nullify the deed of sale
between Aledro and Advento. Rignor could have no knowledge of the
nullity and thus, cannot be bound thereby for the nullity of the first deed
of sale;
11.Advento, during the sale of the subject land to Ringor, was the owner of
the subject property. Such ownership was validly and properly
transferred to Ringor in the second sale of 1982. There was no action for
the nullity of the first sale at that time nor any disturbance to the
possession of Advento in the subject property. Consequently, therefore,
at the time the plaintiffs bought the property from Ringor, Plaintiffs
acquire no more right than what the owner Ringor can transfer legally;
12.The second sale was made in 1982. The action for the nullity of the deed
of sale for the first sale commenced only in 2000’s or over twenty (20)
1
Perez vs Rasaceṅa, et al., (GR 211539, Oct. 17, 2016)
2
Tolentino, et al. vs Spouses Latagan G.R. No. 179874, June 22, 2015 citing Rufloe v. Burgos
II
14.By the time Ringor sold the subject property to the herein Plaintiffs in
2012, he remains to be the valid owner of the subject property as he was
not aware of the nullity of the first sale. It follows therefore, that when
the Plaintiffs bought the property from Ringor, they are also considered
innocent purchasers in good faith and for value—having acquired the
property from the owner of such property;
15.In Torres v. Caluag3, the Supreme Court held that a real litigant may be
held bound as a party even if not formally impleaded because he had his
day in court and because her substantial rights were not prejudiced. In the
prior case of annulment of deed of sale however, the circumstance is
otherwise different. Herein plaintiffs, and even the defendant in the said
case, did not have the opportunity to present their case in court. Clearly,
their substantial rights were prejudiced;
III
3
G.R. No. L-20906. July 30, 1966.
19.A reading from the decision under Civil Case 41-2005 will disclose that
the defendant Advento was “declared in default despite publication of
the summons.” Clearly, by serving summon via publication, and not
through personal or substituted service, the court did not acquire
jurisdiction of the person of the defendant;
20. Where the action is in personam and the defendant is in the Philippines,
as in that prior case (Civil Case 41-2005), the service of summons may
be done by personal or substituted service as laid out in Sections 6 and 7
of Rule 14. Indeed, the preferred mode of service of summons is personal
service4. Failure to serve summons will mean that the court failed to
acquire jurisdiction over the person of the defendant5;
4
Frias vs. Alcayde G.R. No. 194262 February 28, 2018.
5
De Pedro vs. Romasan Development Corp. G.R. No. 194751, November 26, 2014
IV
24.Failure to take steps to assert any rights over a disputed land for over
twenty (20) years from the sale thereof is fatal to the then plaintiff’s
cause of action on the ground of laches. Laches is the failure or neglect,
for an unreasonable length of time to do that which by exercising due
diligence could or should have been done, earlier; it is negligence or
omission to assert a right within a reasonable time warranting a
presumption that the party entitled to assert it either has abandoned it or
declined to assert it (Bailon-Casilao v. Court of Appeals, G.R. No.
78178, April 15, 1988; Villamor v. Court of Appeals, G.R. No. 41508,
June 27, 1988).
PRAYER
RESPECTFULLY SUBMITTED.
Tagum City (for Panabo City), Davao del Norte, Philippines. October 08,
2021.
By:
Copy furnished: