GR No.

121165

September 26, 2006

HON. DOMINADOR F. CARILLO, Presiding Judge, R.T.C. XI-19

Digos, Davao del Sur, BONIFACIO J. GUYOT,Clerk of Court and
Provincial Sheriff of Davao del Sur,ALFREDO C. SENOY, Deputy
Prov. Sheriff assigned to R.T.C. XI-19 Digos, Davao del Sur,
MARCOS D. RISONAR, JR., Registrar of Deeds of Davao del Sur,
and MARIA GONZALES, Petitioners,
Vs.
HON. COURT OF APPEALS, MARIA PAZ DABON and
ROSALINA DABON, Respondents
QUISUMBING;
FACTS:
Gonzales filed a complaint (action for specific
performance) against Spouses Manio seeking execution of
deed of sale of property she bought from Priscilla
Manio. Gonzales
said
she paid downpayment to
Priscilla because she had an SPA from her son
Aristotle, the owner of the land.
TC ruled in favor of Gonzales. Gonzales deposited the
balance with the court and filed motion for execution,
which was withdrawn because the decision was not
served on defendants. The Sheriff finally served a copy
at an ungodly hour of 12 midnight. TCs decision became
final and executory.
The Dabons, claiming to have bought the land from
Aristotle, filed before the CA a petition for annulment of
judgment and orders of the TC. They alleged that the
decision was void for lack of jurisdiction over their
persons as the real parties in interest. CA issued
resolution restraining TC from implementing its decision.
Hence, this petition by Gonzales.
ISSUE:
Whether or not there was basis to annul the decision of
the Trial Court.
HELD:
YES, there was basis to annul the Decision of the Trial

Court. An action should be brought against the real party

in interest.
The real party in interest is the one who
would be benefited or injured by the judgment or is the
one entitled to the avails of the suit.
Named petitioners herein are Carillo (Presiding
Judge),
Guyot (Clerk of
Court), Senoy (Deputy
Sheriff), Risonar (Registrar of
Deeds), and Gonzales.
Carillo, Guyot, Senoy and Risonar are not interested
parties because they would not benefit from the
affirmative reliefs sought.
Only Gonzales remains as
genuine party-petitioner in this case.
Gonzales insists that the Dabons have no right to
seek annulment of the TCs judgment because they are not
parties to the specific performance case.
But the
Dabons insist that they are parties in interest because
they are buyers, owners and possessors of
the
contested land.
The
specific
performance
case
brought
by
Gonzales
to the TC
named Priscilla
Manio
and
husband as defendants.
However, the lot is owned by
Aristotle, their son. Priscilla had no interest on the lot and
can have no interest in the judgment of the TC. Failure
to implead Aristotle Manio renders the proceedings in
the specific performance case null and void.
Petition is denied.
WHEREFORE, the petition is DENIED for lack of merit. The
assailed Decision dated February 22, 1995 of the Court of Appeals in CAG.R. SP No. 23687, is AFFIRMED. Costs against petitioner Maria
Gonzales.