El Banco Espaol-Filipino vs Vicente Palanca

On November 23, 2010 Judicial Due Process Requisites Engracio Palanca was indebted to El Banco and he had his parcel of land as security to his debt. His debt amounted to P218,29 .1!. His property is worth "#$ more than what he owe. %ue to the failure of Engracio to ma$e his payments, El Banco e&ecuted an instrument to mortgage Engracio's property. Engracio howe(er left for )hina and he ne(er returned til he died. *ince Engracio is a non resident El Banco has to notify Engracio about their intent to sue him by means of publication using a newspaper. +he lower court further orderdd the cler$ of court to furnish Engracio a copy and that it'd be sent to ,moy, )hina. +he court e(entually granted El Banco petition to e&ecute Engracio's property. " years thereafter, -icente surfaced on behalf of Engracio as his administrator to petition for the annulment of the ruling. -icente a(erred that there had been no due process as Engracio ne(er recei(ed the summons. ISSUE: .hether or not due process was not obser(ed. HELD: +he *) ruled against Palanca. +he *) ruled that the re/uisites for 0udicial due process had been met. +he re/uisites are1 1. +here must be an impartial court or tribunal clothed with 0udicial power to hear and decide the matter before it. 2. 2urisdiction must be lawfully ac/uired o(er the person of the defendant or o(er the property sub0ect of the proceedings. 3. +he defendant must be gi(en the opportunity to be heard. . 2udgment must be rendered only after lawful hearing.