Alfredo Ching vs. Court of Appeals and Pedro Asedillo - Case Digest

Alfredo Ching v. CA, Pedro Asedillo Facts:

 A Decree Decree of Registration was issued issued to Sps. Nofuente and Lumandan for a pa rcel of land situated Sitio of Kay-Biga Barrio of San Dionisio, Municipality of arana!ue, ro"ince of  Ri#al. A portion of said property was recon"eyed $y said spouses to %rancisco, Regina, erfects, &onstancio and Matilde all surnamed Nofuente and '&' No. ()*++ was tus issued. By "irtue of  a sale to &ing Leng, '&' No. ()*++ was cancelled ten te issuance of '&' No. +(. +(. /en &ing Leng died, Alfredo &ing er legitimate son was appointed as administrator  of er estate estate.. + years years after after te deat deat of &ing &ing Leng, Leng, a suit suit was commenc commenced ed $y pri"at pri"ate e respondent edro Asedillo against &ing Leng for te recon"eyance of te property co"ered $y '&' No. +( $ased on possession. An amended complaint was made $y Asedillo alleging 0tat on account of te fact tat te defendant as $een residing a$road up to te present, and it is not  known whether the defendant is still alive or dead, he or his estate may $e ser"ed $y summons and oter processes only by publication.1 publication .1 Summons $y pu$lication was made troug 02conomic Monitor1, newspaper of general circulation in ro"ince of Ri#al, asay &ity. &ity. Su$se!uently, Su$se!uently, 3udgment $y default was rendered and '&' No. +( was cancelled. 'e title was transferred to Asedillo wo sold te same to 4illa 2speran#a De"elopment, 5nc. etitioner &ing learned of te decision, and so e filed a "erified petition to set it aside as null and "oid for lac6 of 3urisdiction. 'e "erified petition was granted7 owe"er, on motion $y  Asedillo, te same same was set aside. &ing filed for reconsideration $ut was denied.  An original petition for certiorari wit te &ourt of Appeals was filed $y &ing $ut was dismissed. During te pendency of te case, Asedillo died. &ing8s motion for reconsideration was li6ewise denied $y te &A. 'us, te petition for re"iew on &ertiorari. Issue: /9N recon"eyance and cancellation of title is in personam wic cannot gi"e 3urisdiction to te court $y ser"ice of summons $y pu$lication. Ruling : :es,  :es, recon"eyance and cancellation of title are acts in personam.

 Actions in personam and actions in rem differ in tat te former are directed against specific persons and see6 personal 3udgments, wile te latter are directed against te ting or  property or status of a person and see6 3udgments wit respect tereto as against te wole world.  An action to redeem, or to reco"er title to or possession of, real property is not an action in rem or an action against te wole world, li6e a land registration proceeding or te pro$ate of a will7 $ut it is an action in personam, for it $inds a particular indi"idual only altoug it concerns te rigt to a tangi$le ting.  Asedillo8s  Asedillo8s action for recon"eyance and cancellation of title $eing in personam, te  3udgment in !uestion is null and "oid for lac6 of 3urisdiction o"er te person of te deceased &ing. 4erily, 4erily, te action a ction was commenced tirteen ;+< years after te latter8s deat. According to Dumlao ". =uality plastic products, te decision of te lower court insofar as te deceased is concerned is "oid for lac6 of 3urisdiction o"er is person. >e was not, and e could not a"e $een "alidly ser"ed wit summons. >e ad no more ci"il personality, tat its fitness to $e su$3ect of  legal relations was lost troug deat. &ing was an innocent purcaser for "alue as sown $y te e"idence adduced in is $ealf $y petitioner Alfredo &ing, trac6ing trac6ing $ac6 te roots of is title since *?, from te time te decree of registration was issued. 'e sole remedy of te landowner wose property as $een wrongfully or erroneously registered in anoter8s name after one year from te date of te decree is not to set aside te decree $ut respecting it and to $ring an ordinary action in te ordinary court of 3ustice for  damages if te property as transferred to an innocent purcaser for "alue. 'e etition is ere$y granted in fa"or of &ing. S& ordered to reinsate te title in contro"ersy.