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CHAPTER XIV Where the case is filed in Philippine court, and the

JUDICIAL JURISDICTION, FORUM NON CONVENIENS, court has jurisdiction over the subject matter, the parties
VENUE, AND SUMMONS and the res, it may or can proceed to try the case, even if
the rules of conflict-of-law or the convenience of the
parties point to a foreign forum. This is an exercise of
A. JUDICIAL JURISDICTION sovereign prerogative of the country where the case is
filed.
 Jurisdiction, generally.
The power or capacity conferred by the Constitution Jurisdiction may be classified into:
or by law to a court or tribunal to entertain, hear and a. Personal jurisdiction (involving a
determine certain controversies, and render personal action)
judgment thereon. b. Jurisdiction in rem (real action)
c. Jurisdiction quasi in rem (property or
1. Jurisdiction over the subject matter. interest of a ∆ in the Philippines, or res
2. Jurisdiction over the person of the parties. or status of ∏)

Philippine court must have jurisdiction: §§ 24 and 27 of the Restatement of the Law, Conflict of
Laws
a. Over the subject matter of the litigation; §24. "A state has power to exercise judicial jurisdiction over
b. Over the persons of the parties therein; a person if the person's relationship to the state is such as to
c. In actions in rem, or quasi-in-rem, over the make the exercise if such jurisdiction reasonable."
properties situated in the Philippines, or over the
§27. Bases of Judicial Jurisdiction Over Individuals.
res.
(1) A state has power to exercise judicial jurisdiction over an
individual on one or more of the following basis:
 Jurisdiction over action under Warsaw Convention (a) presence
(February 1, 1951) (b) domicile
Applies to all international transportation of (c) residence
persons performed by aircraft for hire. (d) nationality or citizenship
(e) consent
 International Transportation shall mean (f) appearance in an action
any transportation in which according to (g) doing business in the state
the contract made by the parties, the (h) an act done in the state
(i) causing an effect in the state by an act done elsewhere
place of departure and the place of
(j) ownership, use or possession of a thing in the state
destination, whether or not there be a (k) other relationships to the state which make the exercise
break in the transportation or of judicial jurisdiction reasonable."
transshipment, are situated [either]
within the territories of two High
Contracting Parties.”  Has persuasive effect in our country or may serve
as guides in the resolution by the courts of
"Art. 28. (1) An action for damage must be brought at the conflict-of-laws cases.
option of the plaintiff, in the territory of one of the High
Contracting Parties, either before the court of the domicile of
the carrier or of his principal place of business, or where he
 Actions in rem and quasi in rem, where defendant
has a place of business through which the contract has been is non-resident.
made, or before the court at the place of destination."
 Where to file: GR: No judgment may be validly rendered against a
1. The court of the domicile of the carrier; defendant who has not been properly served with
2. The court of its principal place of business; summons, or who has not voluntarily submitted himself
3. The court where it has a place of business to the jurisdiction of the court.
through which the contract (i.e., ticket) had
Exceptions:
been made.
1. When the action affects the personal status of
 Assumption of jurisdiction, generally the plaintiff;

Prepared by: Banotan, Biado, Navalta, Nueva España, Rasuman |Reference: Conflict of Laws | Agpalo
2. When the action relates to, or the subject of
which is property within the Philippines, in which  More of the convenience of the parties rather
the defendant has or claims a lien or interest, than substance.
actual or contingent;
3. When the relief demanded in such action  Where a law requires that an action be filed in a
consists, wholly or in part, in excluding the named court in specific places, jurisdiction and
defendant from any interest in the property venue may mean the same thing.
located in the Philippines; and
4. When defendant non-resident's property has  Venue in Libel suits
been attached within the Philippines. The venue in libel cases, both criminal and civil, may
be filed or instituted at the election of the offended
B. FORUM NON CONVENIENS or suing party in the province or city:
1) Where the libelous article is printed and first
 Defined. published;
 Refers to the discretionary power of court to 2) If one of the offended parties is a private
decline jurisdiction when convenience of individual , where said private individual actually
parties and end of justice would be better resides at the time of the commission of the
served if action were brought and tried in offense;
another forum. 3) If the offended party is a public official, where
the latter hold office at the time of commission
 Doctrine presupposes at least two forums in of the offense.
which defendant is amenable to proceed.
 Venue of Action against non-residents
 The venue for personal action is where the
 Whether an action should be entertained or plaintiff or any of the principal plaintiffs resides,
dismissed under the rule depends largely or in the case of the non-resident defendant
upon the facts of the particular case and the where he may be found, at the election of the
sound discretion of the court. plaintiff.
 “May be found” for venue purposes against
 The principle of forum non conveniens is not non-resident defendant applies when the
a ground for a motion to dismiss, not being defendant has no residence in the Philippines
one of the grounds enumerated in Section 1
of Rule 16 of the Rules of Court.  Residence of a corporation is the place where it
holds its principal office as stated in its AOI.
 Factors that may favor retention of the case:
 If one of the defendants does not reside in the
1) Since it is for the plaintiff to choose the place of Philippines and is not found in the Philippines,
action, his choice of a forum should not be and the action affects the personal status of the
disturbed except for weighty reasons; plaintiff, such as a legal personal relationship
2) The action will not be dismissed unless a suitable which is not temporary nor terminable at the
alternative forum is available to the plaintiff. mere will of the parties, the action may be
commenced and tried in the court where the
Cases: plaintiff resides. While the court may not
First Phil. International Bank v. CA, 252 SCRA 259 (1996) acquire jurisdiction over the person of the
Philsec Investment Corp. v. CA, 274 SCRA 102 (1997) defendant, it does not preclude the court from
Manila Hotel Corp v. NLRC, 343 SCRA 1 (2000) rendering valid judgement over the issue
regarding the personal status of plaintiff in
C. VENUE relation to defendant. The action is considered
quasi in rem.
 Venue of action is the place where the action is
triable whether real or personal.  If any of the defendants does not reside in the
Philippines and is not found in the Philippines,
 Relates to place of trial not to jurisdiction. and the action affects any property of said

Prepared by: Banotan, Biado, Navalta, Nueva España, Rasuman |Reference: Conflict of Laws | Agpalo
defendant located in the Philippines, the action  Service of summons upon defendant is not only
may be filed in the court where the property or required to give the court jurisdiction but also
portion thereof is situated or found. The action afford the latter an opportunity to be heard on
is considered quasi in rem. claims against him (requisite of due process).

 In an action in rem, the court acquires no  Voluntary appearance in lieu of or waiver of


jurisdiction over the person of the defendant, service of summons. Appearance means the
but such fact does not preclude rendition of coming into court as a party either as a plaintiff
valid judgement against the property of such or as a defendant and asking relief therefrom,
person in the country, which is the responsible and enables the court to acquire jurisdiction over
object which is the subject of the exercise of the person of the party.
judicial power, as in cases where the plaintiff is
already in possession of a lien sought to be  Appearance of an attorney is duly authorized to
enforced or by the attachment of the property. manage litigation in behalf of client(disputable
presumption)
 Choice of Forum to File Action
 How service of summons effected
1. Where there is an agreement specifying where  Service depends whether the action is:
the action arising from any dispute may be filed. o Action in Personam
Ordinarily, the agreement prevails, except when o Action in Rem
the law or public policy forbids it. o Quasi In Rem
2. Where there is a treat or international  And whether defendant is:
convention, of which the Philippines is a o Resident
signatory, giving the plaintiff options where to o Or Non Resident
file the action. As a general rule, the plaintiff o Foreign Corporation – Whether doing or
cannot file the action in any forum other than as not doing business in the country or
specified in the convention. whether licensed to do business or not
3. Where there is no agreement nor the treaty as  Civil Action
to the forum or place where the action maybe o Prevention of a wrong or redress of a
filed or where such agreement is invalid. In such right
a situation, the Rules of Court on venue apply. Real Personal
Note: The choice of venue may involve the application of Recovery of
the rule on forum non conveniens Recovery of
Subject real
Personal Property
property
D. SUMMONS
Province or Where defendant
 Defined. city where resides or may be
A Writ by which a defendant is notified of the action property is found or where
Venue
against him and service thereof upon him in the means located plaintiff resides at
by which the court acquires jurisdiction over his person, (local- the election of the
in the absence of voluntary appearance on his part. fixed) plaintiff (transitory)
Directed to the defendants, signed by the court under
seal and contains:
1. Name of the court and the parties to the action;
2. Direction to answer within time fixed by the
Rules;
3. Notice to declare in default for failure to answer;
4. In case minor, an order appointing a guardian ad
litem.

 Service of summons; Due Process

Prepared by: Banotan, Biado, Navalta, Nueva España, Rasuman |Reference: Conflict of Laws | Agpalo
- classification as to Object acquire jurisdiction over his person because he is
Action in Rem Action in Personam beyond the reach of judicial process.
 It is fundamental rule of international
Is an action Against a person on jurisdiction that no state can by its own laws, and
against the thing basis of his personal no court which is only a creature of the state can
itself liability by its judgments or decrees, directly bind or
(right against the affect property or persons beyond limits of that
whole world) state.
 However, if such nonresident defendant has
appointed an attorney-in-fact to file and did file,
 Quasi in Rem
a suit in the country on his behalf and an action
1.) Affects personal status of the plaintiff
relating to such suit is filed against the
2.) Relates to, or the subject which property, within
nonresident defendant, so that the attorney-in-
the Philippines, in which the defendant claims a lien
fact was empowered to represent him in suits
or interest, actual or contingent
filed against, service of summons upon attorney-
3.) Seeks relief consisting wholly or in part, in
in-fact is valid and sufficient to enable the court
excluding the defendant from any interest in
to acquire jurisdiction over his person.
property located in the Philippines
4.) Attaches non-resident’s property within the
 Substituted service
Philippines
• By leaving copies of the summons at the
defendant’s residence with some person of
 Modes of Service
suitable age and discretion then residing therein,
 Personal
• Dwelling house or residence refer to the
 Substituted service
place where the person named in
 Service by publication
summons is living at the time the service
is made, even though he may be
 Personal service of summons in personal actions
temporarily out of the country at the
In an action in personam – personal service
time
 If not possible –substituted service is essential
• By leaving copies at the defendant’s office or
for the acquisition by the court of jurisdiction
regular place of business with some competent
over the person of a defendant who does not
person in charge thereof
voluntarily submit himself to the authority of
• Office or regular place of business refers
the court.
to the office or the place of business of
 Personal service is required if he is in the
defendant at the time of service and
Philippines EXCEPT
upon person so specially designated by
 When he is served through his wife who is a
the rule.
resident of the country and
 His attorney in fact in a prior civil case filed by
 Service upon Residents Temporarily Abroad
him, and the second case is an offshoot of the
 Service upon residents temporarily abroad may
first.
by leave of court be effected out of the
Philippines
 Substituted Service may be resorted if he refuses
to receive and sign it and if for justifiable cause  by personal service, by substituted service or by
cannot be served within a reasonable time by publication upon leave of court
personal service
 Service of summons upon defendant by  Service to prisoners, minors or incompetents
substituted service without first attempting to Prisoner- service shall be effected upon him by the
personally serve the same upon him violates the officer having the management of such jail or institution
rule and no valid service of summon has been who is deemed deputized as a special for said purpose
affected.
 Where defendant is a nonresident who is sued in Minor/Insane/incompetent – service shall be made on
this country of an action in personam, and he him personally and on his legal guardian if he has one, or
refuses to appear voluntarily, the court cannot if none, upon his guardian ad litem appointed. In case
minor, service may be made on his father or mother

Prepared by: Banotan, Biado, Navalta, Nueva España, Rasuman |Reference: Conflict of Laws | Agpalo
limited to res, and it cannot lawfully render a personal
 Service Upon Unknown Defendant judgment against him.
By diligent inquiry, service may by leave of court be
effected upon him by a publication in a newspaper of However, if the defendant voluntarily appears, the
general circulation and in such places and for such cause becomes mainly in personam.
time as the court may order.
 Service by leave of court
 Extraterritorial service, when resorted to and how
effected Sec 17, Rule 14
Instances when extraterritorial service of summons is Shall be made by motion in writing, supported by
proper: affidavit of the plaintiff or some person on his behalf,
(1)when the action affects the personal status of the setting forth the grounds for the application
plaintiff
(2) when the action relates to, or the subject of which Leave of court for service of summons is necessary in the
is, property within the Philippines, in which the following instances:
defendant has or claims a lien or interest, actual or
contingent, 1. Service by publication in a newspaper of general
(3) when the relief demanded consists, wholly or in circulation upon defendant whose identity or
part, in excluding the defendant from any interest in whereabouts are unknown, as provided in Sec 14
the property located in the Philippines,
(4) when the defendant non-resident’s property has 2. Personal service outside the Philippines as provided in
been attached within the Philippines. Sec 6 or by publication in a newspaper of general
circulation when defendant does not reside in the
It may be effected by: Philippines and is not found in the Philippines, in cases
(a) personal service out of the country, with leave of affecting plaintiff’s personal status or relating to his
court property in the Philippines or any lien or interest therein,
(b) publication, also with leave of court; or as provided in Sec. 15
(c) in any other manner the court may deem sufficient
3. Personal service outside the Philippines as provided in
 In action in rem or quasi in rem, jurisdiction over Sec 6 or by publication in a newspaper of general
the person of the defendant is not essential for circulation when defendant in a case is ordinarily a
giving the court jurisdiction so long as the court resident of the Philippines but who is temporarily out of
acquires jurisdiction over the res it, as provided in Sec 16.
 Service of summons in the manner provided is
not for the purpose of vesting it with jurisdiction 4. In a suit against a foreign corporation in connection
but for complying with the requirements of fair with any transaction or contract in the Philippines,
play or due process. service by publication may be allowed as it would not be
 However, if the defendant voluntarily submits fair for the defendant to escape liability for its
himself to the jurisdiction of the court, as by transaction or contract in the country by leaving no one
filing a motion or petition seeking reliefs from upon whom service of summons may be made and upon
the court, the action in rem or quasi in rem is the principle of liberal construction of the rules to
converted into an action in personam, which promote just determination of actions.
justifies the court to render personal judgment
against him as well as a judgment to the extent  Service upon non-juridical entity
of the res. When persons associated in an entity without juridical
personality are sued under the name by which they are
 Where action in rem becomes in personam generally or commonly known, service may be effected
Where the defendant is non – resident in an action which upon all the defendants by serving upon any one of
involves his property in the country and which has been them, or upon the person in charge of the office or place
attached and he refuses to appear and submit to the of business maintained in such name. But such service
jurisdiction of the court, the property itself is the subject shall not bind individually any person whose connection
of judicial power and court can grant relief which is with the entity has, upon due notice, been severed
before the action was brought.

Prepared by: Banotan, Biado, Navalta, Nueva España, Rasuman |Reference: Conflict of Laws | Agpalo
The question of whether a proper service of summons is
 Service upon persons other than any of those determined by the procedural law of the country where
enumerated invalid the action is filed.
The Supreme Court said is agreed with the contention
that the enumeration of persons to whom summons may In case of foreign judgment sought to be enforced,
served is “restricted, limited and exclusive” following the o Defendant: may challenge it on the ground that
rule on statutory construction, expressio unios est the foreign court has not acquired jurisdiction
exclusio alterius. over the person of the defendant (because he
was not properly served with summons)
 Service upon foreign entities or corporations; o Plaintiff: may counter that foreign procedural
generally laws were followed in the service of summons.
A. When the defendant is a foreign private juridical  Foreign corporation doing business without license
entity which has transacted business in the Said foreign corporations can be sued, however, the
Philippines, service may be made on its resident complaint must allege that the foreign corporation is
agent designated in accordance with law for that doing business in the country WITHOUT license.
purpose, OR
B. If there is no such agent, on the government In the absence of such allegations, the foreign
official designated by law to that effect, OR corporation cannot be summoned to answer for the
C. On any of its officers or agents within the charges leveled against it or the court cannot acquire
Philippines. jurisdiction over its person.

 Who are the foreign corporations that may be  Agent upon whom service of summons may be
sued in the Philippines? made
1. Those duly registered with, and licensed by, the  Foreign Corporation doing business in the
SEC to transact business in the country; Philippines WITH license:
2. Those not being so registered but doing business -upon the designated agent or upon the
in the country; designated officials prescribed by law
3. Those unlicensed corporations having
transacted an isolated business in the country  Foreign corporation doing business in the
which was not considered doing business. Philippines WITHOUT license –
a) upon any agent or representative in the
 Foreign corporation licensed to do business Philippines
Before a foreign corporation is licensed to do business in b) the person who executed the service
the country, it must in writing designate its agent upon contract for the foreign corporation
whom service of summons and other processes may c) its lawyer who acted as its settling
made representative
d) if no agent can be found, summons by
The designation is exclusive – service of summons on any PUBLICATION.
other person is inefficacious.
 Foreign Corporation not licensed and not doing
 What is the effect if the designation has ceased business
or there is no agent?
1. Service shall be made on the government official A foreign corporation not licensed and not doing
designated by law business in the country may be sued on an isolated
2. Insurance Commissioner, in case of foreign transaction or contract entered into with a local person
insurance company or entity
3. Superintendent of Banks, in case of foreign -service of summons may be effected upon any agent
banking corporation who may be found in the Philippines
4. SEC, in case of other foreign corporations.
Where a local plaintiff and a foreign corporation agreed
 Summons is procedural matter governed by law of in that in case of suit regarding their contract the action
the forum can filed in the Philippines under Philippine laws and if

Prepared by: Banotan, Biado, Navalta, Nueva España, Rasuman |Reference: Conflict of Laws | Agpalo
summons cannot be effected on any of its agents in the the defendant by registered mail to his last
country, known address shall be attached.
-the summons may be made by publication.
 Voluntary Appearance
 Service upon public corporations  Shall be equivalent to service of summon
It may be:
When the defendant is the Republic of the Philippines, a) by the filing of a pleading, praying for the grant
- service may be effected on the Solicitor of relief or
General b) by the filing of the answer to the complaint

In case of a province, city or municipality, or like public If the pleading challenges the jurisdiction of the court
corporations, over the person of the defendant, the inclusion of other
- service may be effected on its executive grounds therein aside from lack of jurisdiction over the
head, or on such other officer or officers as person of the defendant shall not be deemed a voluntary
the law or the court may direct. appearance.
A party who makes a special appearance in court
Where the defendant is the Republic of the Philippines, challenging the jurisdiction of said court on the ground of
in any of those instances when it has waived, expressly invalidity of the service of summons cannot be
or impliedly, its immunity from suit, considered to have submitted himself to the jurisdiction
- service may be effected on the Solicitor of the court (United Coconut Planters Bank v. Ongpin,
General who is the principal law officer and 368 SCRA 464)
chief legal counsel of the Government, its
agencies and instrumentalities and its Case:
officers in the exercise of their official duties E.B. Villarosa & Partner Co., Ltd. V. Benito, 312 SCRA 65 (1999)
in any litigation

In case of suit against a province, city or municipality,


- service of summons may be made on the
provincial/city/municipal mayor
-
In the case of a public corporation, such as government-
owned or controlled corporations,
- service may be effect on its executed head,
or on such other officer or officers as the law
or the court may direct

 Proof of service
 shall be made in writing by the server and shall
set forth the manner, place, and date of service
 shall specify any papers which have been served
with the process and the name of the person
who received the same
 and shall be sworn to when made by a person
other than a sheriff or his deputy

 Proof of service by publication


 Service may be proved by the affidavit of the
printer, his foreman or principal clerk, or of the
editor, business or advertising manager,
- a copy of the publication shall be attached
- an affidavit showing the deposit of a copy of
the summons and order for publication in
the post office, postage prepaid, directed to

Prepared by: Banotan, Biado, Navalta, Nueva España, Rasuman |Reference: Conflict of Laws | Agpalo

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