5 Dec - Thomas Vs Trono
5 Dec - Thomas Vs Trono
241032
Constitution Statutes Executive Issuances Judicial Issuances Other Issuances Jurisprudence International Legal Resources AUSL Exclusive
SECOND DIVISION
CHARNNEL SHANE THOMAS, PETITIONER, VS. RACHEL TRONO AND THE REPUBLIC OF THE
PHILIPPINES, RESPONDENTS.
RESOLUTION
The propriety of the dismissal of the petition for annulment of judgment filed by Charnnel Shane Thomas (Charnnel)
is the crux of the controversy in this Petition for Review on Certiorari1 assailing the October 10, 20172 and July 26,
20183 Resolutions of the Court of Appeals (CA) in CA-G.R. SP No. 152507.
ANTECEDENTS
Earl Alphonso Thomas (Alphonso), an American citizen, was married to Rachel Trono (Rachel) on October 7, 1984.
The couple begot a son, Earl James Thomas (Earl), born on August 14, 1985. Upon Alphonso's petition for
declaration of nullity, his marriage to Rachel was declared void ab initio in a Decision,4 dated August 22, 1997,
rendered by the Regional Trial Court (RTC) of Makati City, Branch 140. The RTC held that the marriage was a
bigamous marriage since Alphonso was still married to Nancy Thomas (Nancy), an American citizen. In the course
of the trial, Alphonso and Rachel agreed that the properties they acquired during the marriage shall go to Rachel
and Earl.
Relying on the dissolution of his marriage with Rachel, Alphonso cohabited with Jocelyn C. Ledres (Jocelyn). On
August 21, 1998, Jocelyn gave birth to their child, Charnnel.5 On July 22, 2007, out of their desire to make their
union legal and binding and to legitimize the status of their child, Alphonso and Jocelyn got married in Makati City.6
Alphonso died on February 12, 2011. To settle his affairs, Jocelyn, requested for certified true copies of the August
22, 1997 Decision, its certificate of finality, and the entry of judgment from the RTC believing in good faith that the
judgment had already attained finality after the lapse of 13 years since it was rendered.7 As a result of the request,
the Branch Clerk of Court purportedly discovered that the Republic, through the Office of the Solicitor General
(OSG), was not furnished a copy of the August 22, 1997 Decision. The RTC, instead of granting Jocelyn's request,
furnished the OSG with a copy of the Decision and gave it 15 days from receipt to perfect an appeal, or to file a
motion for reconsideration.8 The Decision was received by the OSG on March 8, 2011.
On March 28, 2011, the OSG sought reconsideration of the August 22, 1997 Decision contending that Alphonso's
marriage with Nancy was not proven by competent evidence, that it was not furnished with copies of the orders and
processes, and that the case proceeded without a definitive determination that no collusion existed between the
parties.9 The RTC then ordered Alphonso to file a comment or opposition within 15 days from notice.10 Jocelyn, by
counsel, filed a Manifestation and Special Appearance informing the RTC of: (1) Alphonso's death on February 12,
2011; (2) her marriage with him on December 25, 1996 in Bangkok, Thailand; (3) her lack of knowledge of the legal
issues concerning his marital past; and (4) her failure to locate and consult with Atty. Dante C. Contreras,
Alphonso's counsel on record. Jocelyn likewise alleged that there is a presumption of regularity behind the August
22, 1997 Decision, and that Alphonso's then marriage with Nancy was proven by competent evidence.11
In an Order, dated June 28, 2011, the RTC granted the OSG's motion, reversed its August 22, 1997 Decision, and
ruled that the marriage between Alphonso and Rachel is valid and subsisting.12 Consequently, on September 13,
https://lawphil.net/judjuris/juri2021/mar2021/gr_241032_2021.html 1/4
12/7/22, 10:25 AM G.R. No. 241032
2017, Charnnel filed a petition for annulment of judgment with the CA on the ground of denial of due process of law.
Charnnel alleged, among others, that her parents were lawfully married and that the three of them lived as a family
until Alphonso's death on February 12, 2011.13 The OSG's motion for reconsideration of the August 22, 1997
Decision was belatedly filed on March 28, 2011, considering that the OSG received a copy of the Decision on March
8, 2011, and had until March 23, 2011, to file its appeal or motion for reconsideration.14 Charnnel asseverated that
she never received a copy of the motion for reconsideration, depriving her of due process as an heir of Alphonso.
The RTC no longer had jurisdiction to rule upon the OSG's belated motion for reconsideration because the August
22, 1997 Decision already attained finality.15
The CA, in its October 10, 2017 Resolution, dismissed the petition for annulment of judgment.16 Although the Order,
dated June 28, 2011, was issued 14 years after the rendition of the August 22, 1997 Decision, the RTC retained
jurisdiction because the Decision had not yet attained finality due to the failure to furnish the OSG a copy. The CA
ruled that Charnnel was not denied of due process because of the directive for Alphonso to file a comment or
opposition to the motion for reconsideration; in fact, her mother, Jocelyn, filed a Manifestation and Special
Appearance.17 Charnne1 sought reconsideration,18 but this was denied.19 Hence, this petition.20
Charnnel maintains that she was not afforded due process when she was not allowed to participate in the
proceedings for reconsideration before the RTC. On the other hand, the OSG countered that due process
requirements were observed considering that Jocelyn was able to file a Manifestation and Special Appearance on
the motion for reconsideration.
RULING
A petition for annulment of judgment is a remedy in equity so exceptional in nature that it may be availed of only
when other remedies are wanting, and only if the judgment, final order, or final resolution sought to be annulled was
rendered by a court lacking jurisdiction, or through extrinsic fraud.21 Under Section 2, Rule 47 of the Rules of Court,
the grounds for annulment of judgment are: (1) extrinsic fraud; and (2) lack of jurisdiction. Jurisprudence, however,
recognizes a third ground – denial of due process of law.22 In Arcelona v. Court of Appeals,23 we declared that a
decision which is patently void may be set aside on grounds of want of jurisdiction or non compliance with due
process of law, where mere inspection of assailed judgment is enough to demonstrate its nullity.
Due process requires that those with interest to the subject matter in litigation be notified and be afforded an
opportunity to defend their interests. As guardians of constitutional rights, courts cannot be expected to deprive
persons of their rights to due process while at the same time be considered as acting within their
jurisdiction.24 Where the denial of the fundamental right of due process is apparent, a decision rendered in disregard
of that right is void for lack of jurisdiction.25
In this case, Charnnel, as an heir of Alphonso, is vested with the legal standing to assail the marriage of Alphonso
and Rachel by seeking the annulment of the RTC's Order dated June 28, 2011. In Niñal v. Bayadog,26 the Court
ruled that void marriages governed by the New Civil Code can be questioned even after the death of either party.
The death of a party does not extinguish the action for petition for declaration of absolute nullity of marriage as the
deceased may have heirs with legal standing to assail the void marriage.27 As borne by the records, Charnnel was
neither made a party to the proceedings nor was she duly notified of the case. Also, she was a minor at the time the
RTC granted the OSG's motion. While Jocelyn was able to file a Manifestation and Special Appearance on the
OSG's motion for reconsideration, this should not bind, much less prejudice, Charnnel as a perusal of it readily
shows that Charnnel's interests as Alphonso's heir were not directly raised and threshed out in this pleading. To hold
otherwise, would be tantamount to depriving a then innocent child, now rightfully asserting her rights, of due process
of law.
Anent, the jurisdiction of the RTC to rule on the OSG's motion for reconsideration and reverse its Decision dated
August 22, 1997, the CA overlooked the fact that the OSG's motion for reconsideration was belatedly filed. 1avvphi1
Considering that the OSG received a copy of the August 22, 1997 Decision on March 8, 2011, it had until March 23,
2011 to file its motion for reconsideration. However, the motion was filed only on March 28, 2011, beyond the 15-day
reglementary period. Thus, the August 22, 1997 Decision became final. In effect, the RTC already lost its jurisdiction
over the case and could no longer alter or reverse the August 22, 1997 Decision.
It is a well-established rule that a judgment, once it has attained finality, can never be altered, amended, or modified,
even if the alteration, amendment or modification is to correct an erroneous judgment. This is the principle of
immutability of judgments — to put an end to what would be an endless litigation. Interest reipublicae ut sit finis
litium. In the interest of society as a whole, litigation must come to an end. But this tenet admits several exceptions,
these are: (1) the correction of clerical errors; (2) the so-called nunc pro tunc entries which cause no prejudice to
any party; (3) void judgments; and (4) whenever circumstances transpire after the finality of the decision rendering
its execution unjust and inequitable,28 none of which exists in this case.
https://lawphil.net/judjuris/juri2021/mar2021/gr_241032_2021.html 2/4
12/7/22, 10:25 AM G.R. No. 241032
Moreover, a judgment becomes final and executory by operation of law.29 There is no need for any judicial
declaration or performance of an act before the finality takes effect. Finality of a judgment becomes a fact upon the
lapse of the reglementary period of appeal if no appeal is perfected, or motion for reconsideration or new trial is
filed. The trial court need not even pronounce the finality of the order as the same becomes final by operation of law.
In fact, the trial court could not even validly entertain a motion for reconsideration filed after the lapse of the period
for taking an appeal. It is of no moment that the opposing party failed to object to the timeliness of the motion for
reconsideration. Thereafter, the court loses jurisdiction over the case and not even an appellate court would have
the power to review a judgment that has acquired finality.30
FOR THESE REASONS, the petition is GRANTED. The Resolution dated October 10, 2017 and Resolution dated
July 26, 2018 issued by the Court of Appeals in CA-G.R. SP No. 152507 are REVERSED and SET ASIDE. A new
judgment is rendered ordering the GRANTING of petitioner Charnnel Shane Thomas' petition for annulment of
judgment. The Decision dated August 22, 1997 of the Regional Trial Court of Makati City, Branch 140
is REINSTATED.
SO ORDERED.
Footnotes
1
Rollo, pp. 27-61, filed under Rules 45 of the Rules of Court.
2
Id. at 10-14; penned by Associate Justice Romeo F. Barza, with the concurrence of Associate Justices Myra
V. Garcia-Fernandez and Pablito A. Perez.
3
Id. at 16-18.
4
Rollo, pp. 129-131. The dispositive portion of the Decision reads:
As per manifestation of [Alphonso], all the conjugal properties acquired during the marriage shall
belong to [Rachel] and Earl James Thomas.
After this Decision becomes final, furnish copies thereof to the Local Civil Registrar of Davao City
who is ordered to cancel the same from its Civil Registry and Local Civil Registrar of Makati for
its information.
SO ORDERED. Id. at 130-131.
5
Id. at 132.
6
Id. at 32.
7
Id. at 135-136.
8
Id. at 88.
9
Id. at 137-145.
10
Id. at 146, Order dated April 1, 2011.
11
Id. at 147-154.
12
Id. at 113-116. The OSG's motion for reconsideration was resolved as follows:
WHEREFORE, the motion for reconsideration filed by the Office of the Solicitor General filed on
March 23, 2011 is hereby granted.
Accordingly, the decision dated August 22, 1997 is hereby reversed and set aside. The marriage
of the herein parties is considered valid and subsisting.
https://lawphil.net/judjuris/juri2021/mar2021/gr_241032_2021.html 3/4
12/7/22, 10:25 AM G.R. No. 241032
SO ORDERED. Id. at 115.
13
Id. at 88.
14
Id. at 88 & 137.
15
Id. at 89.
16
Supra note 2. The fallo of the CA's Resolution states:
SO ORDERED. Supra at 13-14.
17
Supra at 13.
18
Rollo, pp. 155-172.
19
Supra note 3. Resolution dated July 26, 2018.
20
Supra note 1.
21
Spouses Hofer v. Yu, G.R. No. 231452, July 1, 2020.
22
Id.
23
345 Phil. 250 (1997); as citied in Baclaran Mktg. Corp. v. Nieva, 809 Phil. 92, 99 (2017).
24
De Pedro v. Romasan Development Corp., 748 Phil. 706, 726 (2014).
25
Spouses Haler v. Yu, supra note 21.
26
384 Phil. 661 (2000).
27
Id. at 673.
28
Republic v. Heirs of Gotengco, 824 Phil. 568, 578 (2018).
29
Ng Ching Ting v. Philippine Business Bank, Inc., G.R. No. 224972, July 9, 2018.
30
Id.
https://lawphil.net/judjuris/juri2021/mar2021/gr_241032_2021.html 4/4