Rapid City Realty and Development Corp vs.

Villa
GR No. 184197

PLAINTIFF: Rapid Realty

DEFENDANT: Orlando Villa, Lourdes Paez-Villa
DATE: February 11, 2010
PONENTE: J. Carpio-Morales
TOPIC:

TYPE OF CASE:
VENUE:
CAUSE OF ACTION:
RESOLUTION:

Facts:

 This is a case wherein Rapid Realty filed a complaint for declaration of nullity of subdivision plans against Spouses Villa
 That after one failed attempt at personal service of summons, Gregorio Zapanta, the court process server, resorted to
substituted service by serving summons upon respondent’s house help who did not acknowledge receipt thereof and
refused to divulge their names
o The defendant spouses are not around. I served the summons and the copy of the complaint with its lady house
help I met on September 24, 2009
 Respondents’ failed to file their Answer despite substituted service – prompted Rapid Realty a Motion to Declare Spouses
Villa in default
 8months later, respondent’s filed a Motion to Lift Order of Default
o Claimed that on January 27, 2006 officially received all pertinent papers such as Complaint and Annexes
o MTD of the OSG and the Order granting them Motion to Declare in Default
o Denied the existence of the house helpers
 Trial court granted to set aside Order of Default – gave them 5days to file their answers but they did not
 A motion to declare them in default was filed and was granted again
 April 18, 2007, respondents filed an Omnibus Motion for Reconsideration of the second order, this time claiming that the
court did not acquire jurisdiction over their persons due to invalid service of summons
 Trial court denied then proceeded to ex parte trial
o Favored the petitioner

Issue: W/N there is invalid service of summons, NO

Ruling:

The court can still acquire jurisdiction through voluntary appearance.

It is by reason of this rule that we have had occasion to declare that the filing of motions to admit answer, for
additional time to file answer, for reconsideration of a default judgment, and to lift order of default with motion for
reconsideration, is considered voluntary submission to the courts jurisdiction. This, however, is tempered
by the concept of conditional appearance, such that a party who makes a special appearance to challenge,
among others, the courts jurisdiction over his person cannot be considered to have submitted to its authority.

Prescinding from the foregoing, it is thus clear that:

(1) Special appearance operates as an exception to the general rule on voluntary appearance;

(2) Accordingly, objections to the jurisdiction of the court over the person of the defendantmust be explicitly
made, i.e., set forth in an unequivocal manner; and

(3) Failure to do so constitutes voluntary submission to the jurisdiction of the court, especially in instances where
a pleading or motion seeking affirmative relief is filed and submitted to the court for resolution.

Respondents did not, in said motion, allege that their filing thereof was a special appearance for the purpose only to question the
jurisdiction over their persons. Clearly, they had acquiesced to the jurisdiction of the court.