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Belo vs. Marcantonio [CONCURRING OPINION]

FELICITAS Z. BELO, PETITIONER, VS. CARLITA C. MARCANTONIO, RESPONDENT.

G.R. No. 243366 | 2020-09-08

September 8, 2020
 
CONCURRING OPINION


I concur in the result.

Carlita C. Marcantonio (the Respondent) should be allowed to participate in the foreclosure proceedings. I maintain, however, that this should proceed from a recognition that: (1) the court has jurisdiction over the foreclosure proceedings when it acquired jurisdiction over the res; but (2) she was denied due process when, albeit deemed notified about the proceedings when she filed her motion to lift the order of default, she was deprived her due participation therein when the trial court erroneously stood by its order of default.

To recall, the controversy arose from...