COMPONENTS OF JURISDICTION PART 2

Service of summons by publication-

Section 16 provides that service of summons by publication can be resorted to if

the defendant is designated as an unknown owner, or the like or the
whereabouts of the defendant is unknown and cannot be ascertained by diligent
inquiry, within 90 days from the commencement of the action.

Resort to this mode of service requires leave of court, and the leave shall specify
a reasonable time, which shall not be less than 60 days after notice, within which
the defendant must file an answer.

Section 19 specifies the requirements for an application for leave under the Rule
to be in writing, supported by an affidavit of the plaintiff or some person in his
behalf, setting forth the grounds for the application.

Service consistent with international conventions-

Section 9 provides that service can also be made through methods that are
consistent with established international conventions to which the Philippines is
a party.

An example is the Hague Conference on Private International Law which

provides for service of judicial and extra-judicial documents in civil or
commercial matters which provides in Article 5 that: The Central Authority of
the State addressed shall itself serve the document or shall arrange to have it
served by an appropriate agency, either – (a) by a method prescribed by its
internal law for the service of documents in domestic actions upon persons who
are within its territory, or (b) by a particular method requested by the applicant,
unless such a method is incompatible with the law of the State addressed.
Subject to sub-paragraph (b) of the first paragraph of this Article, the document
may always be served by delivery to an addressee who accepts it voluntarily.
If the document is to be served under the first paragraph above, the Central
Authority may require the document to be written in, or translated into, the
official language or one of the official languages of the State addressed. That part
of the request, in the form attached to the present Convention, which contains a
summary of the document to be served, shall be served with the document.

Extra-territorial service of summons-

Section 17 provides that extra-territorial Service is allowed in suits against a

non-resident defendant who cannot be not found in the when: (a) Action affects
the personal status of the plaintiff (b) Action relates to, or the subject of which is
property within the Philippines in which the defendant has or claims a lien or
interest, actual or contingent (c) When the relief demanded, in whole or in part
consists of excluding the defendant from any interest in property located in the
Philippines (d) When the defendant’s property has been attached in the
Philippines.

The modes of extra-territorial service are: (a) personal service (b) as provided
for in international conventions to which the Philippines is a party, or (c)
publication in a newspaper of general circulation in such places and for such
time as the court may order, in which case a copy of the summons and order of
the court shall be sent by registered mail to the last known address, or (d) Any
other manner the court may deem sufficient.

Section 18 provides that when an action is commenced against a defendant who

ordinarily resides within the Philippines but who is temporarily out of it, service,
may, by leave of court, be also effected out of the Philippines, in a like manner.

Resort to extra-territorial service requires leave of court and any order granting
leave shall give the defendant no less 60 days after notice to answer.

Upon whom may service of summons be made-

Service of summons is to be made upon the defendant.

If the defendant is an entity without juridical personality, it is to be served upon

any one of them or upon person in charge of the office or place of business
maintained in such name but such shall not bind individually any person whose
connection with the entity has, upon due notice, been severed before the action
was filed.

If on a minor, insane or otherwise incompetent it is to be served upon him

personally and his guardian / or guardian ad litem. In addition, in case of a
minor, service may also be made on his father or mother.

If upon spouses when they are sued jointly, each of them individually.

If upon a domestic private juridical entity, it is to be served on the president,

managing partner, general manager, corporate secretary, treasurer or in house
counsel of the corporation wherever they may be found, or in their absence or
unavailability, on their secretaries.

If service cannot be made on such persons, it shall be made on the person who
customarily receives the correspondence of the defendant at its principal office.

If it is under receivership or liquidation, upon the receiver or liquidator.

Should there be refusal to receive summons despite at least 3 attempts on 2

different dates, it may be made electronically, if allowed by the court as provided
in Section 6.
If upon a Foreign Private Juridical Entity which has transacted or is doing
business in the Philippines is to be served upon its resident agent. If there be no
resident agent, the Government official designated by law such as the SEC,
Insurance Commissioner, Superintendent of Banks. If none, any of its officers,
directors or trustees or agents in the Philippines.

Note the required sequence of service. In addition, in Litton Mills v. CA (256

SCRA 696) if a lawyer enters an appearance without proof of having been
engaged by the foreign corporation, no voluntary appearance can be inferred.

If it is a foreign private juridical entity not registered in the Philippines, or has no

resident agent, but has transacted business or is doing business in it, service, by
leave of court, may be effected outside of the Philippines through: (a) personal
service coursed through the appropriate court in the foreign country with the
assistance of the Department of Foreign Affairs (b) publication once in a
newspaper of general circulation in the country where the defendant may be
found and by serving a copy of the summons and court order by registered mail
at the last known address (c) by facsimile, (d) by electronic means with
prescribed proof of service , and (e) by other means that the court in its
discretion may direct

The provision now includes AM 11-3-6 SC that previously applied to cases of

purely personal actions such as damages, breach of contract or injunction
brought against unregistered foreign private juridical entities or those without a
resident against.

If on the Republic of the Philippines it is to be served on the Solicitor General and

in case of a Province, City, Municipality or similar public corporation it is to be
served on the executive head, or on such other officers as the law or court may
direct.

Return of Service-

Section 20 provides that within 30 days from issuance of the summons by the
clerk of court and receipt thereof, the sheriff or process server, or person
authorized by the court must complete its service.

Within 5 days after completion, a copy of the return must be served, personally,
by registered mail, or by electronic means authorized by the Rules to plaintiff’s
counsel, and he shall return the summons to the clerk of court who issued it
together with proof of service.

If substituted service shall been effected, the return shall state the following: (a)
the impossibility of prompt personal service within a period of 30 calendar days
from issue and receipt of summons, (b) the date and time of the 3 attempts on at
least 2 different dates to cause personal service and the details of the inquiries
made to locate the defendant residing thereat, and (c) the name of the person, at
least 18 years of age and of sufficient discretion then residing therein, name of
the competent person in charge of the defendant’s office or regular place of
business, or the name of the officer of the homeowner’s association or
condominium corporation or chief security officer of the community or building
where the defendant may be found.

In Manotoc, the court said: The sheriff must describe in the Return of Summons
the facts and circumstances surrounding the attempted personal service. The
efforts made to find the defendant and the reasons behind the failure must be
clearly narrated in detail in the Return. The date and time of the attempts on
personal service, the inquiries made to locate the defendant, the name/s of the
occupants of the alleged residence or house of defendant and all other acts done,
though futile, to serve the summons on defendant must be specified in the return
to justify substituted service.

Proof of service-

Section 21 defines proof of service as the writing executed by the server setting
forth (1) the manner, place and date of service; (2) the paper/s which have been
served with the process and name of the person who received the same. It is
required to be sworn to if made by a person other than the sheriff or his deputy.

If served by electronic mail, a print out of the said email with a copy of the
summons as served, and the affidavit of the person mailing shall constitute proof
of service.

If summons is by publication, proof of service consists of: (a) Affidavit of printer,

foreman, principal clerk editor, business manager or advertising manager, copy
of the publication attached, and (b) Affidavit showing the deposit of a copy of the
summons and order for publication in the post office, postage prepaid directed to
the defendant by registered mail at / to his last known address.

Voluntary appearance

Section 23 says that a voluntary appearance shall be equivalent to service of

summons. The inclusion in a motion to dismiss of other grounds aside from lack
of jurisdiction over the person of the defendant shall be deemed a voluntary
appearance.-

This is a return to previous rulings of the Supreme Court that a motion to dismiss
on the ground of lack of jurisdiction over the person be based solely on that
ground, otherwise, it is a voluntary appearance.

While the omnibus motion rule remains unchanged and requires that all
objections then available be included otherwise they are waived, except (a) the
Court has no jurisdiction over the subject matter; (b) there is another action
pending between the same parties for the same cause; (c) or, the action is barred
by prior judgment or statute of limitations, which are also the only grounds that
can be stated in a motion to dismiss.

The amendments relating to how affirmative defenses should be pleaded has led
to the reversion to the old rule.

In Palma v. Galvez (615 SCRA 86, G.R. No. 165272, March 10, 2010) the court
said: “we have, time and again, held that the filing of a motion for additional time
to file answer is considered voluntary submission to the jurisdiction of the court.
If the defendant knowingly does an act inconsistent with the right to object to the
lack of personal jurisdiction as to him, like voluntarily appearing in the action, he
is deemed to have submitted himself to the jurisdiction of the court. Seeking an
affirmative relief is inconsistent with the position that no voluntary appearance
had been made, and to ask for such relief, without the proper objection,
necessitates submission to the Court's jurisdiction.”

In GV Florida Transport, Inc. v. Tiara Commercial, G.R. 201378, October 18, 2017
the court also said: “There is voluntary appearance when a party, without
directly assailing the court's lack of jurisdiction, seeks affirmative relief from the
court. When a party appears before the court without qualification, he or she is
deemed to have waived his or her objection regarding lack of jurisdiction due to
improper service of summons.”

Others-

It must be noted that there are situations provided for the in the Rules where
jurisdiction is obtained over a party without need for summons or a voluntary
appearance.

Sections 16 and 17 of Rule 3, will allow a court to have jurisdiction over a

defendant who has died and has been substituted by his legal heirs or over one
who has taken over and replaced a public officer who has died or has ceased to
hold office.

Section 19 of Rule 3, also allows a court to have jurisdiction over the transferee
pendente lite.

Section 4 of Rule 46 provides that jurisdiction over the respondent in actions

under Rules 65 and 66 filed before the Court of Appeals can be acquired by
service of the order or resolution indicating the initial action taken by the court
or by voluntary submission to its jurisdiction.