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FACTS:
This case stems from the ejectment case filed by private
respondents against David Palmenco, et. al. (defendant)
docketed as Civil Cases No. 630 and No. 631 of the
Municipal Trial Court of Taytay, Rizal, for the recovery of
portions of a parcel of land located at Sitio Sampalucan,
Barangay San Isidro, Taytay, Rizal. Petitioners also
occupies said land but were not impleaded in the
aforementioned cases.
ISSUE:
Whether or not the petitioners were denied due process of
law by including them in the writ of
demolition
HELD:
Yes. The petitioner’s right to due process was violated
because they were not impleaded as parties in Civil Cases
No. 630 and 631, which are the basis for the writ of
demolition.
The rule is that judgment cannot bind persons who are not
parties to the action. This rule is anchored on the
constitutional right of a person to due process of law.
COURT JUDGMENT:
WHEREFORE, the petition is GRANTED. The assailed
decision dated August 30, 1990 of respondent Court of
Appeals is hereby ANNULLED and SET ASIDE and the
writs of execution and demolition in Civil Cases No. 630
and 631 are hereby declared null and void and
unforceable in so far as petitioners are concerned.