G.R. No. 222737. November 12, 2018. Heirs of Josefina Gabriel, Petitioners, vs. Secundina Cebrero, Celso Laviña, and Manuel C. Chua, Respondents

2/20/2021 SUPREME COURT REPORTS ANNOTATED 885
G.R. No. 222737. November 12, 2018.*
HEIRS OF JOSEFINA GABRIEL, petitioners, vs. SECUNDINA

CEBRERO, CELSO LAVIÑA, and MANUEL C. CHUA,
respondents.
Remedial Law; Civil Procedure; Judgments; Doctrine Finality of

Judgments; Words and Phrases; A final judgment or order is one that finally
disposes of a case, leaving nothing more to be done by the Supreme Court
(SC) in respect thereto, e.g., an adjudication on the merits which, on the
basis of the evidence presented at the trial, declares categorically what the
rights and obligations of the parties are and which party is in the right; or a
judgment or order that dismisses an action on the ground, for instance,
of res judicata or prescription.—A final judgment or order is one that
finally disposes of a case, leaving nothing more to be done by the Court in
respect thereto, e.g., an adjudication on the merits which, on the basis of the
evidence presented at the trial, declares categorically what the rights and
obligations of the parties are and which party is in the right; or a judgment
or order that dismisses an action on the ground, for instance, of res
judicata or prescription. Conversely, an order that does not finally dispose
of the case, and does not end the Court’s task of adjudicating the parties’
contentions and determining their rights and liabilities as regards each other,
but obviously indicates that other things remain to be done by the Court, is
“interlocutory,” e.g., an order denying a motion to dismiss under Rule 16 of
the Rules. Unlike a “final” judgment or order, which is appealable, an
“interlocutory” order may not be questioned on appeal except only as part of
an appeal that may eventually be taken from the final judgment rendered in
the case.
Actions; Parties; Real Party-in-Interest; Every action must be
presented in the name of the real party-in-interest.—Every action must be
presented in the name of the real party-in-interest. Section 2, Rule 3 of the
1997 Rules of Court provides: Sec. 2. Parties-in-interest.—A real party-in-
interest is the party who stands to be benefited or injured by the judgment in
the suit, or the party entitled
_______________
* THIRD DIVISION.
central.com.ph/sfsreader/session/00000177bf8c6b48a166874d003600fb002c009e/t/?o=False 1/19
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272 SUPREME COURT REPORTS ANNOTATED

Heirs of Josefina Gabriel vs. Cebrero
to the avails of the suit. Unless, otherwise, authorized by law or these

Rules, every action must be prosecuted or defended in the name of the real
party-in-interest. Here, Gabriel emerged as the highest bidder when a
portion of the subject property was sold on a public auction sale on July 12,
1994 after she foreclosed the real estate mortgage over the said property. As
the one claiming ownership of the said property, she is the real party-in-
interest in the instant case.
Remedial Law; Civil Procedure; Certification Against Forum
Shopping; Section 5, Rule 7 of the Rules of Court provides that the
certification against forum shopping must be executed by the plaintiff or
principal party; If, for any reason, the principal party cannot sign the
petition, the one signing on his behalf must have been duly authorized.—
Section 5, Rule 7 of the Rules of Court provides that the certification against
forum shopping must be executed by the plaintiff or principal party. The
reason for this is that the plaintiff or the principal knows better than anyone,
whether a petition has previously been filed involving the same case or
substantially the same issues. If, for any reason, the principal party cannot
sign the petition, the one signing on his behalf must have been duly
authorized.
Same; Same; Same; The rule on the certification against forum
shopping has been properly complied with when it is the agent or attorney-
in-fact who initiated the action on the principal’s behalf and who signed the
certification against forum shopping.—It was held that when an SPA was
constituted precisely to authorize the agent to file and prosecute suits on
behalf of the principal, then it is such agent who has actual and personal
knowledge whether he or she has initiated similar actions or proceedings
before various courts on the same issue on the principal’s behalf, thus,
satisfying the requirements for a valid certification against forum shopping.
The rationale behind the rule that it must be the “petitioner or principal party
himself” who should sign such certification does not apply. Thus, the rule
on the certification against forum shopping has been properly complied with
when it is the agent or attorney-in-fact who initiated the action on the
principal’s behalf and who signed the certification against forum shopping.
Same; Same; Complaints; Jurisdiction; Dismissal of Actions; An
unauthorized complaint does not produce any legal effect. Hence,
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the court should dismiss the complaint on the ground that it has no
jurisdiction over the complaint and the plaintiff.—This Court expounded
that the complaint filed for and in behalf of the plaintiff by one who is
unauthorized to do so is not deemed filed. An unauthorized complaint does
not produce any legal effect. Hence, the court should dismiss the complaint
on the ground that it has no jurisdiction over the complaint and the plaintiff.
In Palmiano-Salvador v. Angeles, the complaint was filed in the name of
respondent Constantino Rosales (Rosales), but one Rosauro Diaz (Diaz)
executed the verification and certification alleging that he was Rosales’
attorney-in-fact when there was no document attached in the complaint to
prove his allegation of authority. The Court held that since no valid
complaint was filed, the Metropolitan Trial Court of Manila did not acquire
jurisdiction over the case. For the court to have authority to dispose of the
case on the merits, it must acquire jurisdiction over the subject matter and
the parties. Courts acquire jurisdiction over the plaintiffs upon the filing of
the complaint, and to be bound by a decision, a party should first be
subjected to the court’s jurisdiction.
Same; Same; Parties; Substitution of Parties; The substitution of heirs
in a case ensures that the deceased party would continue to be properly
represented in the suit through the duly appointed legal representative of his
estate.—The substitution of heirs in a case ensures that the deceased party
would continue to be properly represented in the suit through the duly
appointed legal representative of his estate. The purpose behind the rule on
substitution is to apprise the heir or the substitute that he is being brought to
the jurisdiction of the court in lieu of the deceased party by operation of law.
It is for the protection of the right of every party to due process. Proper
substitution of heirs is effected for the trial court to acquire jurisdiction over
their persons and to obviate any future claim by any heir that he or she was
not apprised of the litigation. From the foregoing, Cañiza’s subsequent
substitution as one of Gabriel’s heirs did not cure the defect in the
complaint, i.e., when he signed the verification and certification against
forum shopping without apparent authority. To reiterate, the trial court
acquires jurisdiction over the plaintiff upon the filing of the complaint.
Besides, the substitution merely ensured that Gabriel’s interest would be
properly represented and that her heirs were brought to jurisdiction of the
court.
274

Civil Law; Mortgages; The sale or transfer of the mortgaged property

cannot affect or release the mortgage; thus, the purchaser or transferee is
necessarily bound to acknowledge and respect the encumbrance.—The
Court notes that the real estate mortgage over a portion of the property was
annotated on the transfer certificate of titles. A mortgage is a real right,
which follows the property, even after subsequent transfers by the
mortgagor. “A registered mortgage lien is considered inseparable from the
property inasmuch as it is a right in rem.” The sale or transfer of the
mortgaged property cannot affect or release the mortgage; thus, the
purchaser or transferee is necessarily bound to acknowledge and respect the
encumbrance. The implication in buying the property, with notice that it was
mortgaged, was that Progressive necessarily undertook to allow the subject
property to be sold upon failure of Gabriel to obtain payment from Cebrero
once the indebtedness matured. Thus, it cannot invoke being a buyer in
good faith to exclude the property from being claimed by virtue of
foreclosure of the mortgage over the said property. This, however, does not
mean that the Court rules in favor of the petitioners. Considering that the
complaint was filed by Cañiza, who has failed to prove that he was validly
authorized to do so, the complaint does not produce any legal effect. The
RTC never validly acquired jurisdiction over the case. Thus, the instant
petition must be dismissed.
PETITION for review on certiorari of the decision and resolution of

the Court of Appeals.
The facts are stated in the opinion of the Court.
Agcaoili Law Offices for petitioners.
Benedicto B. Tabaquero for respondents Laviña & Cebrero.
Eric D. Mesoga for respondent Chua.
PERALTA, J.:
For resolution of this Court is the petition for review on

certiorari filed by herein petitioners Heirs of Josefina Gabriel
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(petitioners) assailing the Decision1 dated October 20, 2015 and the
Resolution2 dated January 29, 2016 of the Court of Appeals (CA) in
C.A.-G.R. CV No. 102204, reversing the Decision3 dated September
26, 2013 of the Regional Trial Court (RTC) of Manila, Branch 52.
The facts follow.
On January 24, 1991, Segundina4 Cebrero (Cebrero), through her

attorney-in-fact Remedios Muyot, executed a real estate mortgage
over the subject property located in Sampaloc, Manila with an area
of two thousand two hundred eighty-one square meters (2,281 sq.
m.) covered by TCT No. 158305 registered under the name of
Cebrero’s late husband Virgilio Cebrero (Virgilio) as security for the
payment of the amount of Eight Million Pesos (P8,000,000.00),
pursuant to an amicable settlement dated January 11, 1991 entered
into by the parties in the case of annulment of revocation of donation
in Civil Case No. 83-21629.5 In the said settlement, Josefina Gabriel
(Gabriel) recognized Cebrero’s absolute ownership of the subject
property and relinquished all her claims over the property in
consideration of the payment of the said Eight Million Pesos
(P8,000,000.00).6
Upon Cebrero’s failure to pay the amount within the period of
extension until December 31, 1991, Gabriel filed in 1993 an action
for foreclosure of the real estate mortgage docketed as Civil Case
No. 92-62638. In a Decision7 dated December 15,
_______________
1 Penned by Associate Justice Agnes Reyes-Carpio, with Associate Justices

Andres B. Reyes, Jr. (now a Member of this Court) and Romeo F. Barza (now
Presiding Justice), concurring; Rollo, pp. 36-47.
2 Id., at pp. 30-32.
3 Penned by Acting Presiding Judge Ruben Reynaldo G. Roxas, CA Rollo, pp. 62-
71.
4 Also referred to as “Secundina.”
5 Heirs of Gabriel v. Cebrero.
6 Records, Vol. I, pp. 94-95.
7 Id., at pp. 9-15.
276

1993, the RTC of Manila, Branch 23 ruled in Gabriel’s favor and

ordered Cebrero to pay the Eight Million Pesos (P8,000,000.00) and
interest, or the subject property shall be sold at public auction in
default of payment. The dispositive portion reads:
WHEREFORE, judgment is hereby rendered in favor of the

plaintiff ordering the defendant as follows:
1. To pay to the Court the sum of Eight Million Pesos

(P8,000,000.00);
2. To pay interest to the Court on the Eight Million Pesos
(P8,000,000.00) liability beginning July 1, 1991 until
fully paid pursuant to the terms agreed upon in the
amendment to the Real Estate Mortgage;
3. To pay attorneys (sic) fees equivalent to ten percent
(10%) of the total liability due under and as stipulated in
the Real Estate Mortgage in Exh. G;
4. And in the alternative, in default of payment under the
award appearing in paragraphs 1, 2, and 3 above, after
ninety (90) days from date of service hereof, pursuant to
Rule 68, Sec. 2 of the Rules of Court, the said property
was covered by the Real Estate Mortgage, particularly
plaintiffs (sic) undivided share or interest in the
property consisting of her one-half (1/2) conjugal share
plus her inheritance consisting of one-ninth (1/9) of
one-half (1/2) of the property covered by the mortgage,
shall be sold at public auction to realize the mortgage,
debts and costs and the sheriff is ordered to turn over to
plaintiff from the proceeds of the sale, the amount of
Eight Million Pesos (P8,000,000.00) representing the
principal sum due under the mortgage plus eighteen
percent (18%) interest thereon per annum from July 1,
1991 and attorney’s fees equivalent to ten percent (10%)
of the total liability
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of defendant plus costs of suit and expenses of

litigation. The sheriff is likewise directed to deliver to
the defendant the excess, if any, of the proceeds of the
sale after deducting the foregoing amounts.
SO ORDERED.8
The sheriff initiated the necessary proceedings for the public

auction sale when no appeal was filed and the decision became final.
On July 12, 1994, Gabriel, being the sole bidder, purchased
Cebrero’s undivided share of one-half (1/2) conjugal share, plus her
inheritance consisting of one-ninth (1/9) of the subject property in
the amount of Thirteen Million Six Hundred Ninety Thousand Five
Hundred Seventy-Four Pesos (P13,690,574.00).9 On November 16,
1995, the sheriff issued the Final Deed of Sale when Cebrero failed
to redeem the property.10
However, Gabriel had not registered the Final Deed of Sale since
she disputed the Bureau of Internal Revenue’s estate tax assessment
on the subject property considering that she claimed only a portion
thereof. It was also during this time that she discovered the
registration of a peed of Absolute Sale11 dated September 27, 1994
executed by respondent Celso Laviña (Laviña), Cebrero’s attorney-
in-fact, purportedly conveying the entire property in favor of
Progressive Trade & Services Enterprises (Progressive) for and in
consideration of Twenty-Seven Million Pesos (P27,000,000.00).
On November 27, 1996, Eduardo Cañiza (Cañiza),12 allegedly in behalf
of Gabriel, instituted a Complaint for declaration of nullity of sale and of the
Transfer Certificate of Title
_______________
8 Id., at pp. 14-15.

9 Id., at p. 3.
10 Id., at pp. 51-52.
11 Id., at pp. 25-27.
12 Also referred to as “Caniza.”
278

(TCT) No. 225341 of the subject property registered under

Progressive, a single proprietorship represented by its President and
Chairman, respondent Manuel C. Chua (Chua).13
In their Answer, respondents alleged that Gabriel has no legal
capacity to sue as she was bedridden and confined at the Makati
Medical Center since 1993. The complaint should be dismissed
because Cañiza signed the verification and certification of the
complaint without proper authority.14 The December 15, 1993 RTC’s
decision in the foreclosure proceedings was void due to improper
service of summons. The Sheriffs Final Deed of Sale was not
registered and recorded. Moreover, the bid price was higher than the
amount in the compromise agreement. As a mere creditor, Gabriel
cannot annul the sale of the subject property to Progressive,
especially when there was a judicial consignment of the payment
of lien.
On October 14, 1997, Gabriel died during the pendency of the case, thus
her heirs substituted her.15
In the September 26, 2013 Decision,16 the RTC ruled in favor of

Gabriel. It held that Chua cannot be considered the true and lawful
owner of the subject property as he was not a purchaser in good
faith. At the time of sale on September 27, 1994, the mortgage
pertaining to Gabriel remained annotated on the TCT No. 225340
registered in the name of Cebrero. Thus, Chua had notice of
Gabriel’s existing interest over a portion of the property, which
should have prompted him to investigate the status of the mortgage.
The dispositive portion of the Decision reads:
WHEREFORE, premised on the foregoing considerations, judgment is

hereby rendered declaring the: (1) Deed of Absolute Sale dated September
27, 1994, be-
_______________
13 Rollo, p. 36.
14 Records, Vol. I, p. 61.
15 Id., at p. 329.
16 CA Rollo, pp. 62-71.
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tween Segundina M. Cebrero, represented by her attorney-in-fact

Celso D. Laviña, and Progressive Trade and Services Enterprises, a
single proprietorship represented by its president and chairman,
Manuel C. Chua; and (2) Transfer Certificate of Title No. 225341
registered in the name of Progressive Trade and Services Enterprises,
as null and void and of no legal effect. Accordingly, the Registry of
Deeds of Manila is hereby directed to cancel TCT No. 225341 and
reissue TCT No. 225340 in the name of Secundina M. Cebrero.
Defendants are ordered to pay cost of suit. On the other hand,
plaintiffs’ prayer for the award of attorney’s fees is denied.
SO ORDERED.17
On appeal, the CA reversed and set aside the Decision of the

RTC. There was no Special Power of Attorney (SPA) attached to the
complaint to substantiate Cañiza’s authority to sign the complaint
and its verification and certification of non-forum shopping. As the
awardee of the foreclosure proceedings, Gabriel is the real party-in-
interest in the case. Since the trial court never acquired jurisdiction
over the complaint, all proceedings subsequent thereto are
considered null and void, and can never attain finality. The fallo of
the Decision provides:
WHEREFORE, in view of the foregoing, this Court

resolves as follows:
(1) Plaintiffs-appellants’ Motion for
Reconsideration is DENIED.
(2) Defendant-appellant’s Appeal is GRANTED.
The Decision, dated September 26, 2013,
rendered by the Regional Trial Court of Manila,
Branch 52 in Civil Case No. 97-81420
is REVERSED AND SET ASIDE as to the
_______________
17 Id., at pp. 70-71.
280

validity of the sale and TCT No. 225341. The

same are declared to be VALID. The Complaint,
dated November 27, 1996, is DISMISSED.
(3) Plaintiffs-appellants’ Appeal with regard to
attorney’s fees is DENIED.
SO ORDERED.18
Upon denial of their Motion for Reconsideration, petitioners are

now before this Court raising the sole issue:
WITH DUE RESPECT, THE HONORABLE COURT OF

APPEALS COMMITTED SERIOUS ERROR OF LAW, WHEN IT
REVERSED AND SET ASIDE THE DECISION, DATED
SEPTEMBER 26, 2013, RENDERED BY THE REGIONAL TRIAL
COURT OF MANILA, BRANCH 52 IN CIVIL CASE NO. 97-
81420 AS TO THE VALIDITY OF THE SALE OF TCT NO.
225341 AND DISMISSED THE COMPLAINT DATED
NOVEMBER 27, 1996 ON THE SOLE BASIS OF MERE
TECHNICALITY THAT THE VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING WAS NOT
SUPPORTED WITH THE SPECIAL POWER OF ATTORNEY OF
EDUARDO CAÑIZA.19
The instant petition is without merit.

Petitioners allege that the Order20 dated June 13, 2007 of the
RTC denying Laviña’s motion to set a preliminary hearing on the
affirmative defenses has long attained finality since respondents did
not appeal the same. Respondents are now estopped from raising the
issue on appeal.
Section 1, Rule 41 of the Rules of Court provides:
_______________
18 Rollo, p. 46. (Citation omitted; emphasis in the original)

19 Id., at p. 11.
20 Records, pp. 292-294.
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Section 1. Subject of appeal.—An appeal may be taken from a

judgment or final order that completely disposes of the case, or of a
particular matter therein when declared by these Rules to be
appealable.
No appeal may be taken from:
(a) An order denying a motion for new trial or

reconsideration;
(b) An order denying a petition for relief or any similar
motion seeking relief from judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;
(e) An order denying a motion to set aside a judgment by
consent, confession or compromise on the ground of
fraud, mistake or duress, or any other ground vitiating
consent;
(f) An order of execution;
(g) A judgment or final order for or against one or more of
several parties or in separate claims, counterclaims,
cross-claims and third-party complaints, while the main
case is pending, unless the court allows an appeal
therefrom; and
(h) An order dismissing an action without prejudice.
In all the above instances where the judgment or final order is not
appealable, the aggrieved party may file an appropriate special civil
action under Rule 65.21
A final judgment or order is one that finally disposes of a case,

leaving nothing more to be done by the Court in respect thereto, e.g.,
an adjudication on the merits which, on the basis
_______________
21 Emphasis supplied.
282

of the evidence presented at the trial, declares categorically what the

rights and obligations of the parties are and which party is in the
right; or a judgment or order that dismisses an action on the ground,
for instance, of res judicata or prescription. Conversely, an order
that does not finally dispose of the case, and does not end the
Court’s task of adjudicating the parties’ contentions and determining
their rights and liabilities as regards each other, but obviously
indicates that other things remain to be done by the Court, is
“interlocutory,” e.g., an order denying a motion to dismiss under
Rule 16 of the Rules. Unlike a “final” judgment or order, which is
appealable, an “interlocutory” order may not be questioned on
appeal except only as part of an appeal that may eventually be taken
from the final judgment rendered in the case.22
The RTC’s Order dated June 13, 2007 denying the motion to set
hearing on special and affirmative defenses is no doubt interlocutory
for it did not finally dispose of the case but will proceed with the
pretrial. As such, the said Order is not appealable, but may be
questioned as part of an appeal that may eventually be taken from
the final judgment rendered. Here, respondents had consistently
raised in their Answer and in the appeal before the CA the issue of
Cañiza’s authority to file the case on behalf of Gabriel.
Petitioners allege that the verification and certification of the
complaint conforms with the rules since Cañiza, as Gabriel’s
attorney-in-fact, signed it. Besides, any defect was cured when he,
being one of the heirs, substituted Gabriel when she died during the
pendency of the case before the trial court.
_______________
22 Heirs of Timbang Daromimbang Dimaampao v. Alug, 754 Phil. 236, 244; 751
SCRA 83, 91 (2015), citing Denso (Phils.), Inc. v. Intermediate Appellate Court, 232
Phil. 256, 264; 148 SCRA 280, 286-287 (1987).
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Every action must be presented in the name of the real party-in-

interest. Section 2, Rule 3 of the 1997 Rules of Court provides:
Sec. 2. Parties-in-interest.—A real party-in-interest is the party

who stands to be benefited or injured by the judgment in the suit, or
the party entitled to the avails of the suit. Unless, otherwise,
authorized by law or these Rules, every action must be prosecuted or
defended in the name of the real party-in-interest.
Here, Gabriel emerged as the highest bidder when a portion of

the subject property was sold on a public auction sale on July 12,
1994 after she foreclosed the real estate mortgage over the· said
property. As the one claiming ownership of the said property, she is
the real party-in-interest in the instant case.
As to the verification and certification of non-forum shopping,
the Court, in Altres, et al. v. Empleo, et al.,23 laid down the following
guidelines:
For the guidance of the bench and bar, the Court restates in
capsule form the jurisprudential pronouncements already reflected
above respecting noncompliance with the requirements on, or
submission of defective, verification and certification against forum
shopping:
1) A distinction must be made between noncompliance with the
requirement on or submission of defective verification, and
noncompliance with the requirement on or submission of defective
certification against forum shopping.
2) As to verification, noncompliance therewith or a defect
therein does not necessarily render the pleading fatally defective. The
court may order its submission or correction or act on the pleading if
the attending circumstances are such that strict compliance with the
Rule
_______________
23 594 Phil. 246; 573 SCRA 583 (2008).
284

may be dispensed with in order that the ends of justice may be served
thereby.
3) Verification is deemed substantially complied with when one
who has ample knowledge to swear to the truth of the allegations in
the complaint or petition signs the verification, and when matters
alleged in the petition have been made in good faith or are true and
correct.
4) As to certification against forum shopping,
noncompliance therewith or a defect therein, unlike in
verification, is generally not curable by its subsequent
submission or correction thereof, unless there is a need to relax
the Rule on the ground of “substantial compliance” or presence
of “special cir-cumstances or compelling reasons.”
5) The certification against forum shopping must be signed by
all the plaintiffs or petitioners in a case; otherwise, those who did not
sign will be dropped as parties to the case. Under reasonable or
justifiable circumstances, however, as when all the plaintiffs or
petitioners share a common interest and invoke a common cause of
action or defense, the signature of only one of them in the
certification against forum shopping substantially complies with the
Rule.
6) Finally, the certification against forum sho-pping must be
executed by the party-pleader, not by his counsel. If, however, for
reasonable or justifiable reasons, the party-pleader is unable to
sign, he must execute a Special Power of Attorney designating his
counsel of record to sign on his behalf.24
_______________
24 Id., at pp. 261-262; pp. 596-598. (Citations omitted; emphases supplied)
285
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25
Section 5, Rule 7 of the Rules of Court provides that the
certification against forum shopping must be executed by the
plaintiff or principal party. The reason for this is that the plaintiff or
the principal knows better than anyone, whether a petition has
previously been filed involving the same case or substantially the
same issues.26 If, for any reason, the principal party cannot sign the
petition, the one signing on his behalf must have been duly
authorized.27
_______________
25 Sec. 5. Certification against forum shopping.—The plaintiff or principal

party shall certify under oath in the complaint or other initiatory pleading asserting a
claim for relief, or in a sworn certification annexed thereto and simultaneously filed
therewith: (a) that he has not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency and to the
best of his knowledge, no such other action or claim is pending therein; (b) if there is
such other pending action or claim, a complete statement of the present status thereof;
and (c) if he should, thereafter, learn that the same or similar action or claim has been
filed or is pending, he shall report that fact within five (5) days therefrom to the court
wherein his aforesaid complaint or initiatory pleading has been filed.
Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise provided, upon motion and
after hearing. The submission of a false certification or noncompliance with any of
the undertakings therein shall constitute indirect contempt of court, without prejudice
to the corresponding administrative and criminal actions. If the acts of the party or his
counsel clearly constitute willful and deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice and shall constitute direct contempt, as
well as a cause for administrative sanctions.
26 Tamondong v. Court of Appeals, 486 Phil. 729, 741; 444 SCRA 509, 520-521
(2004).
27 Fuentebella v. Castro, 526 Phil. 668, 675; 494 SCRA 183, 190 (2006), citing
Eslaban, Jr. v. Vda. de Onorio, 412 Phil. 667, 674-675; 360 SCRA 230, 236 (2001).
286

The complaint filed before the RTC was filed in the name of
Gabriel, however, it was Cañiza who executed the verification and
certification of forum shopping, alleging that he was Gabriel’s
attorney-in-fact. The verification and certification of non-forum
shopping reads:
I, EDUARDO T. CANIZA (sic), Filipino, of legal age and with

address at No. 15 Olongapo St., Alabang Hills, Muntinlupa City,
having been first duly sworn in accordance with law, depose and say:
1. That I am the attorney-in-fact of plaintiff in the above

complaint.
2. That I caused the preparation of the foregoing
Complaint; I have read the contents thereof, and I hereby
affirm that the facts stated therein are true and correct.
3. That I certify that I have not commenced any action or
proceeding involving the same issues in the Supreme Court,
the Court of Appeals, or different divisions thereof, or any
other tribunal, or agency; that to the best of my knowledge no
such action or proceeding is pending before the Supreme
Court, the Court of Appeals or different divisions thereof, or
any other tribunal or agency except the case of “Josefina
Gabriel v. Segundina Cebrero[,]” Civil Case No. 92-62638,
Regional Trial Court of Manila, Branch 23, which has long
been [decided] with finality by said court.
4. That should there be any such case filed or pending, I
undertake to promptly inform the aforesaid Honorable Court
and such other tribunal or agency of the fact within five (5)
days therefrom.
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Makati City, for Manila, November 29, 1996.

(Sgd.)
EDUARDO T. CAÑIZA
Affiant
xxx28
It was held that when an SPA was constituted precisely to

authorize the agent to file and prosecute suits on behalf of the
principal, then it is such agent who has actual and personal
knowledge whether he or she has initiated similar actions or
proceedings before various courts on the same issue on the
principal’s behalf, thus, satisfying the requirements for a valid
certification against forum shopping. The rationale behind the rule
that it must be the “petitioner or principal party himself” who should
sign such certification does not apply. Thus, the rule on the
certification against forum shopping has been properly complied

with when it is the agent or attorney-in-fact who initiated the action
on the principal’s behalf and who signed the certification against
forum shopping.29
However, there was no duly executed SPA appended to the
complaint to prove Cañiza’s supposed authority to file and prosecute
suits on behalf of Gabriel. The Court cannot consider the mere
mention in the December 15, 1993 Decision that he was Gabriel’s
attorney-in-fact as evidence that he was indeed authorized and
empowered to initiate the instant action against respondents. There
was also no evidence of substantial compliance with the rules or
even an attempt to submit an SPA after filing of the complaint.
_______________
28 Records, Vol. I, p. 8.
29 Bandillon v. La Filipina Uygongco Corporation (LFUC), 769 Phil. 806, 823;
770 SCRA 624, 642 (2015), citing Wee v. Galvez, 479 Phil. 737, 751-752; 436 SCRA
96, 108-109 (2004).
288

We note that an Order30 dated August 6, 1997 of the RTC of

Pasig City declaring Gabriel as incompetent and granting motions
filed by several individuals, including Cañiza, to be considered in
the appointment as her guardian ad litem, was included in the
records of this case. Gabriel’s attending physician confirmed, on
June 5, 1997, that she was confined at the Makati Medical Center
since 1993, and was not able to walk and communicate since her
confinement. Given the circumstances, the SPA would have
supported Cañiza’s contention that he was the authorized agent who
has actual and personal knowledge whether he initiated similar
actions or proceedings before various courts on the same issue on
the principal’s behalf instead of merely alleging that he was her
attorney-in-fact. The basic rule is that mere allegation is not
evidence and is not equivalent to proof.31
This Court expounded that the complaint filed for and in behalf
of the plaintiff by one who is unauthorized to do so is not deemed
filed. An unauthorized complaint does not produce any legal effect.
Hence, the court should dismiss the complaint on the ground that it
has no jurisdiction over the complaint and the plaintiff.32
In Palmiano-Salvador v. Angeles,33 the complaint was filed in the

name of respondent Constantino Rosales (Rosales), but one Rosauro
Diaz (Diaz) executed the verification and certification alleging that
he was Rosales’ attorney-in-fact when there was no document
attached in the complaint to prove his allegation of authority. The
Court held that since no valid complaint was filed, the Metropolitan
Trial Court of Manila did not acquire jurisdiction over the case.
_______________
30 Records, Vol. I, pp. 167-169.

31 De Jesus v. Guerrero III, 614 Phil. 520, 529; 598 SCRA 341, 350 (2009).
32 Supra note 26.
33 694 Phil. 1, 6; 679 SCRA 561, 564 (2012).
289
VOL. 885, NOVEMBER 12, 2018 289

For the court to have authority to dispose of the case on the

merits, it must acquire jurisdiction over the subject matter and the
parties. Courts acquire jurisdiction over the plaintiffs upon the filing
of the complaint, and to be bound by a decision, a party should first
be subjected to the court’s jurisdiction.34
The substitution of heirs in a case ensures that the deceased party
would continue to be properly represented in the suit through the
duly appointed legal representative of his estate.35 The purpose
behind the rule on substitution is to apprise the heir or the substitute
that he is being brought to the jurisdiction of the court in lieu of the
deceased party by operation of law.36 It is for the protection of the
right of every party to due process. Proper substitution of heirs is
effected for the trial court to acquire jurisdiction over their persons
and to obviate any future claim by any heir that he or she was not
apprised of the litigation.37 From the foregoing, Cañiza’s subsequent
substitution as one of Gabriel’s heirs did not cure the defect in the
complaint, i.e., when he signed the verification and certification
against forum shopping without apparent authority. To reiterate, the
trial court acquires jurisdiction over the plaintiff upon the filing of
the complaint. Besides, the substitution merely ensured that
Gabriel’s interest would be properly represented and that her heirs
were brought to jurisdiction of the court.
Lastly, the Court notes that the real estate mortgage over a
portion of the property was annotated on the transfer certificate of
titles. A mortgage is a real right, which follows the
_______________
34 Cosco Philippines Shipping, Inc. v. Kemper Insurance Company, 686 Phil. 327,
340; 670 SCRA 343, 355 (2012).
35 Heirs of Bertuldo Hinog v. Melicor, 495 Phil. 422, 438-439; 455 SCRA 460,
478 (2005).
36 Cardenas v. Heirs of the Late Spouses Simplicia P. Aguilar and Maximo V.
Aguilar, G.R. No. 191079, March 2, 2016, 785 SCRA 403, 411.
37 Heirs of Bertuldo Hinog v. Melicor, supra at p. 439; p. 478.
290

property, even after subsequent transfers by the mortgagor. “A

registered mortgage lien is considered inseparable from the property
inasmuch as it is a right in rem.” The sale or transfer of the
mortgaged property cannot affect or release the mortgage; thus, the
purchaser or transferee is necessarily bound to acknowledge and
respect the encumbrance.38 The implication in buying the property,
with notice that it was mortgaged, was that Progressive necessarily
undertook to allow the subject property to be sold upon failure of
Gabriel to obtain payment from Cebrero once the indebtedness
matured. Thus, it cannot invoke being a buyer in good faith to
exclude the property from being claimed by virtue of foreclosure of
the mortgage over the said property. This, however, does not mean
that the Court rules in favor of the petitioners. Considering that the
complaint was filed by Cañiza, who has failed to prove that he was
validly authorized to do so, the complaint does not produce any legal
effect. The RTC never validly acquired jurisdiction over the case.
Thus, the instant petition must be dismissed.
WHEREFORE, the petition for review on certiorari filed by
herein petitioners Heirs of Josefina Gabriel is hereby DENIED. The
Decision dated October 20, 2015 and the Resolution dated January
29, 2016 of the Court of Appeals in C.A.-G.R. CV No. 102204
are AFFIRMED. The complaint filed by Josefina Gabriel before the
Regional Trial Court is hereby DISMISSED without prejudice.
SO ORDERED.
Leonen and J. Reyes, Jr., JJ., concur.

Gesmundo and Hernando, JJ., On Wellness Leave.
Petition denied, judgment and resolution affirmed. Complaint

filed by Josefina Gabriel dismissed.
_______________
38 Garcia v. Villar, 689 Phil. 363, 375; 675 SCRA 80, 92 (2012).
291
VOL. 885, NOVEMBER 12, 2018 291

Notes.—The purpose behind the rule on substitution is the

protection of the right of every party to due process. It is to ensure
that the deceased party would continue to be properly represented in
the suit through the duly appointed legal representative of his estate.
(Cardenas vs. Heirs of the Late Spouses Simplicia P. Aguilar and
Maximo V. Aguilar, 785 SCRA 403 [2016])
Section 16, Rule 3 of the Rules of Court allows the substitution
of a party-litigant who dies during the pendency of a case by his
heirs, provided that the claim subject of said case is not extinguished
by his death. (Pacific Rehouse Corporation vs. Ngo, 789 SCRA 308
[2016])
——o0o——
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2/20/2021 SUPREME COURT REPORTS ANNOTATED 885

G.R. No. 222737. November 12, 2018.*

HEIRS OF JOSEFINA GABRIEL, petitioners, vs. SECUNDINA

Remedial Law; Civil Procedure; Judgments; Doctrine Finality of

272 SUPREME COURT REPORTS ANNOTATED

to the avails of the suit. Unless, otherwise, authorized by law or these

VOL. 885, NOVEMBER 12, 2018 273

274 SUPREME COURT REPORTS ANNOTATED

Civil Law; Mortgages; The sale or transfer of the mortgaged property

PETITION for review on certiorari of the decision and resolution of

For resolution of this Court is the petition for review on

VOL. 885, NOVEMBER 12, 2018 275

On January 24, 1991, Segundina4 Cebrero (Cebrero), through her

1 Penned by Associate Justice Agnes Reyes-Carpio, with Associate Justices

276 SUPREME COURT REPORTS ANNOTATED

1993, the RTC of Manila, Branch 23 ruled in Gabriel’s favor and

WHEREFORE, judgment is hereby rendered in favor of the

1. To pay to the Court the sum of Eight Million Pesos

VOL. 885, NOVEMBER 12, 2018 277

of defendant plus costs of suit and expenses of

The sheriff initiated the necessary proceedings for the public

8 Id., at pp. 14-15.

278 SUPREME COURT REPORTS ANNOTATED

(TCT) No. 225341 of the subject property registered under

In the September 26, 2013 Decision,16 the RTC ruled in favor of

WHEREFORE, premised on the foregoing considerations, judgment is

VOL. 885, NOVEMBER 12, 2018 279

tween Segundina M. Cebrero, represented by her attorney-in-fact

On appeal, the CA reversed and set aside the Decision of the

WHEREFORE, in view of the foregoing, this Court

17 Id., at pp. 70-71.

280 SUPREME COURT REPORTS ANNOTATED

validity of the sale and TCT No. 225341. The

Upon denial of their Motion for Reconsideration, petitioners are

WITH DUE RESPECT, THE HONORABLE COURT OF

The instant petition is without merit.

18 Rollo, p. 46. (Citation omitted; emphasis in the original)

VOL. 885, NOVEMBER 12, 2018 281

Section 1. Subject of appeal.—An appeal may be taken from a

(a) An order denying a motion for new trial or

A final judgment or order is one that finally disposes of a case,

282 SUPREME COURT REPORTS ANNOTATED

of the evidence presented at the trial, declares categorically what the

Phil. 256, 264; 148 SCRA 280, 286-287 (1987).

VOL. 885, NOVEMBER 12, 2018 283

Every action must be presented in the name of the real party-in-

Sec. 2. Parties-in-interest.—A real party-in-interest is the party

Here, Gabriel emerged as the highest bidder when a portion of

23 594 Phil. 246; 573 SCRA 583 (2008).

284 SUPREME COURT REPORTS ANNOTATED

24 Id., at pp. 261-262; pp. 596-598. (Citations omitted; emphases supplied)

VOL. 885, NOVEMBER 12, 2018 285

25 Sec. 5. Certification against forum shopping.—The plaintiff or principal

286 SUPREME COURT REPORTS ANNOTATED

I, EDUARDO T. CANIZA (sic), Filipino, of legal age and with

1. That I am the attorney-in-fact of plaintiff in the above

VOL. 885, NOVEMBER 12, 2018 287

Makati City, for Manila, November 29, 1996.