G.R. No. 225035 - Carson Realty and Management Corp. vs. Red Robin Security Agency

On March 23, 2007, Monina C. Santos filed a Complaint for Sum of Money and Damages against Carson Realty & Management Corp. (Carson) with the Quezon City RTC, Branch 216.
On April 12, 2007, Process Server Pajila returned the Summons (dated April 11, 2007) served at Carson’s business address through its “corporate secretary,” Precilla S. Serrano.

On April 25, 2007, Atty. Tomas Z. Roxas filed an Appearance and Motion acknowledging service and requesting a 15-day extension (from April 27, 2007) to file a responsive pleading.
Instead of answering, Atty. Roxas moved to dismiss, alleging improper service; Santos countered that by seeking an extension, Carson voluntarily submitted to the RTC’s jurisdiction.

First alias summons (Sept. 24, 2007): attempts to serve President, GM, Board of Directors, Corporate Secretary failed; substituted service on a Mr. JR Taganila was refused; RTC found service improper.
Second alias summons (Sept. 9, 2008): Process Server Pajila made four attempts (Oct. 2, 16, 27, 28, 2008) to serve President/GM (Marcial Samson and/or Nieva Cabrera); on Oct. 28, 2008, he left the summons with receptionist Lorie Fernandez, who refused receipt; RTC granted Santos’s second Motion to Declare Defendant in Default and, on June 29, 2009, declared Carson in default.

Carson filed an Urgent Motion to Set Aside Order of Default (Aug. 27, 2009) and a Motion for Reconsideration (Mar. 17, 2010), both denied; RTC granted Santos’s ex parte motion to receive evidence (Nov. 22, 2010) and denied clarification (Sept. 9, 2011).
On November 9, 2011, Carson petitioned the CA under Rule 65, challenging jurisdiction due to improper service of the second alias summons.
The CA denied the petition (Aug. 20, 2015 Decision; June 8, 2016 Resolution), holding that Carson voluntarily submitted to jurisdiction and that substituted service was valid.