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[G.R. No. 127206. October 18, 2000]

PERLA PALMA GIL vs. CA, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 18 2000.

G.R. No. 127206 (Perla Palma Gil, et al. v. Court of Appeals, et al.)

The resolution of March 3, 1997 requiring respondents to comment on the petition in this case could not be served on respondent heirs of Emilio Matulac because the latter's exact whereabouts could not be ascertained. For this reason, petitioners' counsel, Any. J. Melchor Quitain, moved that notice be served on respondent heirs through publication in a newspaper of general circulation in Davao City, the property subject of this case being located in said city.

On March 13, 2000, the Court granted petitioners' motion and directed them to cause at their expense the publication of the petition and the aforesaid resolution of March 3, 1997 in a newspaper of general circulation for three consecutive weeks and to submit to the Court proof of such service within ten (10) days from the date of the last publication. In granting petitioners' motion, the Court applied by analogy Rule 14, �14 of the Rules of Civil Procedure providing that:

". . .whenever [defendants']whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be effected upon [them] by publication in a newspaper of general circulation and in such places and for such time as the court may order."

On August 10, 2000, Atty. Quitain submitted copies of the newspaper Maharlika Pilipnas and the affidavit of its publisher as proof of his compliance with the resolution of March 13, 2000. It appears, however, that Maharlika Pilipinas, per the affidavit of its publisher, is a newspaper of general circulation only in the Metropolitan Manila Are and the Provinces of Rizal and Cavite. As the land involved in this case is located in Davao City and as the respondent heirs of Emilio Matulac, with the exception of Sonia Matulac, reside in that city, publication should be made in a newspaper of general circulation in Davao City.

WHEREFORE, the Court RESOLVED to DIRECT petitioners to cause at their expense the publication of the petition and the resolution of March 3, 1997 requiring respondents to comment on the petition in a newspaper of general circulation in Davao City for three consecutive weeks and to SUBMIT to the Court proof of such service within ten (10) days from the date of the last publication.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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