In the Philippine judicial system, the principle of procedural due process requires that the public and interested parties be notified of judicial actions that affect status, property, or public interest. While most RTC decisions are merely served upon the parties involved, specific categories of cases legally mandate publication in a newspaper of general circulation to achieve "constructive notice" to the world.
Failure to comply with these publication requirements is often considered a jurisdictional defect, potentially rendering the proceedings void.
1. The Purpose of Publication
Publication serves as a substitute for individual service of summons or notice when the action is in rem (against a thing) or quasi in rem (against a person regarding a specific property). It ensures that any person who may have an interest in the case—who is not a named party—has the opportunity to appear and contest the proceedings.
2. Common Cases Requiring Publication
Under the Rules of Court and various special laws, the following RTC proceedings strictly require publication:
| Case Type | Legal Basis | Publication Requirement |
|---|---|---|
| Declaration of Nullity/Annulment | A.M. No. 02-11-10-SC | If the respondent’s whereabouts are unknown, the summons may be served by publication. |
| Change of Name | Rule 103, Rules of Court | Once a week for three (3) consecutive weeks in a newspaper of general circulation in the province. |
| Cancellation or Correction of Entries | Rule 108, Rules of Court | Once a week for three (3) consecutive weeks in the province where the registry is located. |
| Settlement of Estate | Rule 74 & 76, Rules of Court | Notice of the filing of the petition and the time/place of hearing must be published for three (3) weeks. |
| Declaration of Presumptive Death | Civil Code / Family Code | The court’s order must be published to notify the public of the missing person's status. |
| Land Registration | P.D. 1529 (Property Registration Decree) | Notice of initial hearing must be published in the Official Gazette and a newspaper of general circulation. |
3. Requirements for the Newspaper
Not every periodical qualifies for legal publication. To satisfy the RTC’s requirements, the newspaper must meet the standards set by Presidential Decree No. 1079:
- General Circulation: The newspaper must be published for the dissemination of local news and general information. It must have a bona fide list of paying subscribers and be available to the public.
- Geographic Scope: It must be published and edited in the city or province where the court sits. If no newspaper is published in that specific locality, a newspaper published in the nearest city or province with circulation in the subject area is used.
- Accreditation: The newspaper must be accredited by the Executive Judge of the RTC following a raffle system.
4. The Raffle System
To prevent "forum shopping" for newspapers and to ensure fairness, A.M. No. 01-1-07-SC mandates that the distribution of legal notices for publication must be done through a public raffle.
- The Executive Judge conducts the raffle.
- The raffle ensures that all qualified and accredited newspapers in the station have a fair chance to publish legal notices.
- Direct contracting between a litigant and a newspaper is generally prohibited to maintain the integrity of the process.
5. Proof of Compliance
To prove to the RTC that the publication requirement has been met, the petitioner must submit:
- Affidavit of Publication: A sworn statement by the editor-in-chief, publisher, or business manager of the newspaper confirming the dates of publication.
- Clippings/Tear Sheets: Actual copies of the newspaper pages where the notice or decision appeared.
- Affidavit of Raffle: Documentation showing the case was properly assigned to that newspaper by the court.
6. Consequences of Non-Compliance
The Supreme Court has consistently ruled (e.g., Republic vs. Sanchez) that the requirements of publication are strict and mandatory.
- Lack of Jurisdiction: If publication is not made or is made in a newspaper that does not meet the legal criteria, the court does not acquire jurisdiction over the "res" or the interested public.
- Void Judgment: Any decision rendered without the required publication can be set aside at any time through a petition for annulment of judgment.