Heirs of Masangya v. Masangya
REITERATIONFacts
The Antecedents: Petitioners, heirs of Fabio Masangya and Jose Abayon, filed a complaint for partition of real estate against respondents. During the trial, Fabio Masangya died and was substituted by his heirs (petitioners). A decision was rendered in favor of respondents, dismissing the complaint and declaring respondents as lawful owners. Petitioners appealed to the Court of Appeals, which affirmed the decision. An Entry of Final Judgment was issued by the Court of Appeals as no appeal was filed by petitioners with the Supreme Court. Procedural History: Upon motion of respondents, the trial court issued a writ of execution. Petitioners filed a motion to recall the writ, citing lack of proper substitution and want of effective notice of the decision to Jose Abayon. The trial court denied this motion, as well as a subsequent motion for reconsideration. The Petition: Petitioners seek to annul the orders of the trial court denying their motion to recall the writ of execution, arguing that the proceedings were void due to improper substitution of the deceased plaintiff and lack of effective notice of the Court of Appeals' decision to Jose Abayon, especially after their counsel's death.
Issue(s)
Whether there was a valid substitution of the deceased plaintiff, Fabio Masangya. Whether the petitioners were denied due process due to alleged lack of effective notice of the Court of Appeals' decision. Whether the trial court erred in denying the motion to recall the writ of execution.
Ruling
The petition is dismissed. The twin orders of the Regional Trial Court denying the motion to recall the writ of execution are affirmed.
Ratio Decidendi
On the issue of substitution of parties: The records show that a motion for substitution of the deceased plaintiff, Fabio Masangya, was filed within the period granted by the lower court. The order granting the substitution by his heirs was issued, and trial proceeded with the substituted parties participating. Therefore, the trial court committed no error in the substitution of parties. Furthermore, even if there were a valid substitution issue, petitioners' active participation in the trial after the alleged infirmity, and their failure to raise it before the appellate court, estops them from assailing the substitution for the first time on appeal, despite the general rule that lack of jurisdiction may be raised at any stage. On the issue of notice of judgment and due process: While it is true that the notice of judgment might have been sent to the deceased counsel, Atty. Rufo Venus, the Court of Appeals also sent a notice to the petitioners themselves. Records clearly show that petitioners received a notice of the Court of Appeals' decision on March 24, 1987, and acknowledged this receipt in a letter dated March 26, 1987, wherein they also informed the court of their lawyer's death and their intention to seek new counsel. The well-settled rule is that notice to counsel of record is notice to the client. Having received actual notice of the judgment and having failed to file a motion for reconsideration or an appeal to the Supreme Court within the reglementary period, the subsequent entry of judgment was valid. Their plea of denial of procedural due process is therefore untenable. On the issue of the writ of execution: Since the substitution of parties was valid and the entry of judgment was likewise valid due to petitioners' actual receipt of the notice of judgment and subsequent failure to appeal, the trial court did not err in issuing the writ of execution. The denial of the motion to recall the writ of execution was in accordance with law and jurisprudence.
Main Doctrine
A party actively participating in court proceedings without jurisdiction will be estopped from assailing such lack of jurisdiction. Furthermore, notice of judgment served on counsel of record is notice to the client, and failure to appeal or seek reconsideration after actual receipt of notice of judgment, even if counsel had died, bars a subsequent plea of lack of due process.