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G.R. No. 145370. March 4, 2004.
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* SECOND DIVISION.
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ested. The State can find no stronger anchor than on good, solid
and happy families. The break-up of families weakens our social
and moral fabric; hence, their preservation is not the concern of
the family members alone. Whether or not a marriage should
continue to exist or a family should stay together must not depend
on the whims and caprices of only one party, who claims that the
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729
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3 CA Rollo,pp. 26-27.
4Id.,at p. 26.
5 Rollo, pp. 95-102.
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6 CA Rollo,pp.4-5.
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RETURN OF SERVICE
This is to certify that the summons together with the copy of the
complaint and its annexes was received by the herein defendant
thru his son Venancio M.B. Ancheta [III] as evidenced by the
signature appearing on the summons. Service was made on June
6, 1995.
June 21, 1995, Naic, Cavite.
(Sgd.) JOSE R. SALVADORA, JR.10
Sheriff
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7Id.,at p. 49.
8Id.,at p. 53.
9Id.
10Id.,at p. 54.
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riage of the parties void ab initio. The clerk of court issued
a Certificate
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of Finality of the Order of the court on July
16, 1996.
On February 14, 1998, Valentines Day, the respondent
and Teresita H. Rodil were married in 13
civil rights before
the municipal mayor of Indang, Cavite.
On July 7, 2000, the petitioner filed a verified petition
against the respondent with the Court of Appeals under
Rule 47 of the Rules of Court, as amended, for the
annulment of the order of the RTC of Cavite in Special
Proceedings No. NC-662. The case was docketed as CA-
G.R. SP No. 59550. The petitioner alleged, inter alia, that
the respondent committed gross misrepresentations by
making it appear in his petition in Sp. Proc. No. NC-662
that she was a resident of No. 72 CRM Avenue cor. CRM
Corazon, BF Homes, Almanza, Las Pias, Metro Manila,
when in truth and in fact, the respondent knew very well
that she was residing at Munting Paraiso, Bancal,
Carmona, Cavite. According to the petitioner, the
respondent did so to deprive her of her right to be heard in
the said case, and ultimately secure a favorable judgment
without any opposition thereto. The petitioner also alleged
that the respondent caused the service of the petition and
summons on her by substituted service through her
married son, Venancio Mariano B. Ancheta III, a resident
of Bancal, Carmona, Cavite, where the respondent was a
resident. Furthermore, Venancio M.B. Ancheta III failed to
deliver to her the copy of the petition and summons. Thus,
according to the petitioner, the order of the trial court in
favor of the respondent was null and void (1) for lack of
jurisdiction over her person; and (2) due to the extrinsic
fraud perpetrated by the respondent. She further
contended that there was no factual basis for the trial
courts finding that she was suffering from psychological
incapacity. Finally, the petitioner averred that she learned
of the Order of the RTC only on January 11, 2000.
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1. Declaring null and void the Order dated June 7, 1995 (of
the Regional Trial Court, Branch 14, Naic, Cavite).
2. Ordering respondent to pay petitioner
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14Id.,at p. 21.
15Id.,at p. 101.
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16Id.,at p. 109.
17 Rollo,p. 36.
18 Rule 47, Section 1.
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waiver renders the judgment of the court null and void.
Jurisdiction cannot be acquired by the court on the person
of the defendant even if he knows of the 26case against him
unless he is validly served with summons.
Summons and complaint may be served on the
defendant either by handing a copy thereof to him in
person, or, if he refuses
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to receive and sign for it, by
tendering it to her. However, if there is impossibility of
prompt service of the summons personally on the
defendant despite diligent efforts to find him, service of the
summons may be effected by substituted service as
provided in Section 7, Rule 14 of the said Rules:
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737
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32 CA Rollo, p. 53.
33 Ibid.
34 Id.,at pp. 55-56.
738
The trial court and the public prosecutor also ignored Rule
18, Section 6 of the 1985 Rules of Court (now Rule 9,
Section 3[e] of the 1997 Rules of Civil Procedure) which
provides:
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(8) The trial court must order the prosecuting attorney or fiscal
and the Solicitor General to appear as counsel for the state. No
decision shall be handed down unless the Solicitor General issues
a certification, which
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35 Supra.
36 Supra.
37 268 SCRA 198 (1997).
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38 Id.,at p. 213.
39 355 SCRA 285 (2001).
40 Supra.
41 The procedure has been modified by the Supreme Court in
Administrative Matter No. 02-11-10-SC which took effect on March 15,
2003.
Sec. 8. Answer.(1) The respondent shall file his answer within fifteen
days from service of summons, or within thirty days from the last issue of
publication in case of service of summons by publication. The answer must
be verified by the respondent himself and not by counsel or attorney-in-
fact.
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If the respondent fails to file an answer, the court shall not declare
(2) him or her in default.
(3) Where no answer is filed or if the answer does not tender an issue,
the court shall order the public prosecutor to investigate whether
collusion exists between the parties.
(2) If the public prosecutor finds that collusion exists, he shall state
the basis thereof in his report. The parties shall file their
respective comments on the finding of collusion within ten days
from receipt of a copy of the report. The court shall set the report
for hearing and, if convinced that the parties are in collusion, it
shall dismiss the petition.
(3) If the public prosecutor reports that no collusion exists, the court
shall set the case for pre-trial. It shall be the duty of the public
prosecutor to appear for the State at the pre-trial.
740
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o0o
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