![]() On June 22, 2017, Carreon learned that they were about to be ousted from their family home when he received a letter from the City Government of Davao with the writ of possession attached thereto. On December 11, 2015, Lopez filed before the RTC a petition praying for the issuance of a writ of possession in her favor, which the RTC eventually granted on April 17, 2016. T-208860 was cancelled and a new one was issued in Lopez's name, i.e., TCT No. Consequently, when the FebruOrder became final after publication, TCT No. Despite the absence of any affidavit from the Process Server or postman stating that the defendants' address could not be located, the RTC granted the motion in an Order dated May 20, 2014. Subsequently, Lopez filed a Motion to Publish the FebruOrder of the RTC granting the petition for cancellation of the defendants' title. T-208860 while the Register of Deeds of Davao City was ordered to cancel the same and to issue a new one in the name of Lopez. The defendants were then directed to surrender their Owner's Duplicate Copy of TCT No. Nonetheless, the RTC proceeded to hear the petition and on February 17, 2014, it issued an Order granting the same. However, the Return of Service dated Janudid not reflect service upon them of a copy of the DecemOrder. On December 12, 2013, the RTC issued an Order requiring the defendants to appear at the hearing of the petition. T-208860 registered in the name of the defendants and for the issuance of a new one in her name. On December 5, 2013, Lopez filed a petition for cancellation 10 of Transfer Certificate of Title (TCT) No. Thereafter, a Final Certificate of Sale was issued in her favor. The property was thereafter sold at a public auction where the highest bidder thereof was respondent Betty P. Consequently, the Sheriff levied on the property belonging to the defendants, which was purportedly their family home. The RTC's Decision attained finality, and consequently, a writ of execution 8 was issued on April 12, 2011. 5 Eventually, the RTC rendered a Decision 6 dated Octoin favor of Aguillon and ordered the defendants to, among others, pay the amount of P47,410.00 as actual damages, plus interests and attorney's fees. In an Order dated March 10, 2010, the RTC, upon Aguillon's motion, declared the defendants in default for failure to file their responsive pleading within the reglementary period despite receipt of summons and a copy of the complaint through their "son" at their residence. This case stemmed from a complaint for breach of contract, damages, and attorney's fees filed by respondent Mario Aguillon (Aguillon) against Carreon and his wife, Isabel 4 (defendants), before the Regional Trial Court of Davao City, Branch 15 (RTC), docketed as Civil Case No. Carreon (Carreon) under Rule 47 of the Rules of Court (Rules). ![]() ![]() 08173-MIN, which dismissed the Petition for Annulment of Judgment (Annulment Petition) filed by petitioner Edgar T. LOPEZ, RESPONDENTS.Īssailed in this petition for review on certiorari 1 are the Resolutions dated Febru2 and 3 of the Court of Appeals (CA) in CA-G.R.
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