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Banco Espaol Filipino vs Vicente matter before it; (2) jurisdiction

Palanca | Case Digest | Abalos must be lawfully acquired over


the person of the defendant or
Facts: over the property which is the
- Engracio Palanca was indebted subject of the proceeding; (3)
to El Banco and he had his the defendant must be given
parcel of land as security to his an opportunity to be heard;
debt and (4) judgment must be
- Due to the failure of Engracio to rendered upon lawful hearing.
make his payments, El Banco - The Court ruled that (1) the
executed an instrument to failure of the clerk to send the
mortgage Engracios property. notice to the defendant did not
Engracio however left for destroy the jurisdiction of the
China and he never returned court and (2) such irregularity
until he died. did not infringe the requirement
- Since Engracio is a non-resident, of due process of law.
El Banco had to notify Engracio - It passes the rational bounds of
about their intent to sue him by human credulity to suppose that
means of publication using a a man who had placed a
newspaper. The lower court mortgage upon property worth
further ordered the clerk of nearly P300,000 and had then
court to furnish Engracio a gone away from the scene of his
copy and that itd be sent to life activities to end his days in
Amoy, China Engracios last the city of Amoy, China, should
known location. have long remained in ignorance
- The court eventually granted El of the fact that the mortgage had
Banco petition to execute been foreclosed and the property
Engracios property. 7 years sold, even supposing that he had
thereafter, Vicente surfaced on no knowledge of those
behalf of Engracio as his proceedings while they were
administrator to petition for the being conducted.
annulment of the ruling. Vicente o It is permissible to
averred that there had been no consider the probability
due process, as Engracio that Engracio received
never received the summons, actual notice but chose to
therefore the court did not abandon all thought of
acquire jurisdiction over him. saving his property.
- There is a legal presumption
Issue: that the clerk performed his
- WON the Court acquired duty, under subsection 14 of
jurisdiction over the defendant, section 334 of the Code of
Engracio, to enable it to proceed Civil Procedure
with the foreclosure of mortgage. o "that official duty has
Held: been regularly
- Yes. performed;" and in
- The requirement of due process subsection 18 it is
is satisfied if the following declared that there is a
conditions are present, namely; presumption "that the
(1) There must be a court or ordinary course of
tribunal clothed with judicial business has been
power to hear and determine the followed.