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Bayani vs. Yu

AZUCENA E. BAYANI, PETITIONER, VS. EDUARDO, LEONORA, VIRGILIO, VILMA, CYNTHIA AND NANCY, ALL SURNAMED YU AND MR. ALFREDO T. PALLANAN, RESPONDENTS. [G.R. NOS. 206765 and 207214] HEIRS OF CONCEPCION NON ANDRES, NAMELY: SERGIO, JR., SOFRONIO AND GRACELDA, ALL SURNAMED ANDRES, PETITIONERS, VS. HEIRS OF MELENCIO YU AND TALINANAP MATUALAGA, NAMELY: EDUARDO, LEONORA, VIRGILIO, VILMA, CYNTHIA, IMELDA AND NANCY, ALL SURNAMED YU; THE PROVINCIAL SHERIFF OF GENERAL SANTOS CITY; MR. ALFREDO T. PALLANAN, IN HIS CAPACITY AS DEPUTY SHERIFF OF THE REGIONAL TRIAL COURT (BRANCH 36), GENERAL SANTOS CITY; AND HON. ISAAC ALVERO V. MORAN, PRESIDING JUDGE OF THE REGIONAL TRIAL COURT (BRANCH 36), GENERAL SANTOS CITY; YARD URBAN HOMEOWNERS ASSOCIATION, INC., HEREIN REPRESENTED BY ITS PRESIDENT, ROGELIO ENERO, RESPONDENTS.

G.R. Nos. 203076-77 | 2019-07-10

D E C I S I O N
 
BERSAMIN, C.J.:
 
The guarantee of due process requires that the judgment of the court in an action in personam shall be enforced only against individuals who have been properly impleaded and whose persons have regularly come under the jurisdiction of the trial court. Any person not duly served with the summons or who has not voluntarily appeared in the action cannot be prejudiced by the judgment.
 
The Case

Before us are consolidated appeals by petition for review on certiorari, specifically: (1) G.R. No. 206765 and G.R. No. 207214, filed by the Heirs of Concepcion Non Andres against the Heirs of Melencio Yu and...