Case Digest (G.R. No. L-19596)
Facts:
Lavern R. Dilweg v. Robert O. Philipps, Inocentes G. Dineros and Isaac S. Eceta, G.R. No. L-19596, October 30, 1964, the Supreme Court En Banc, Reyes, J., writing for the Court.Plaintiff Lavern R. Dilweg, a nonresident American citizen, filed on February 7, 1958 a complaint in the Court of First Instance of Rizal (Branch II) alleging six causes of action for civil damages arising from libelous and defamatory statements made and published in the Philippines by defendants Robert O. Philipps, Inocentes G. Dineros, and Isaac S. Eceta. On February 24, 1958 the first two defendants moved to dismiss the complaint; plaintiff opposed on March 7, 1958. The trial court denied the motion to dismiss by order dated May 13, 1958.
After that denial, defendants Philipps and Dineros filed a joint answer and counterclaims for damages on May 17, 1958; plaintiff answered the counterclaims on May 24, 1958. Defendant Eceta, represented by separate counsel, filed an answer on June 11, 1958 adopting his co-defendants’ answer and counterclaims; plaintiff answered those counterclaims on June 26, 1958. The trial court scheduled hearing dates (December 10–11, 1958) by an order of September 17, 1958.
During trial on the merits, on March 8, 1961 the two defendants renewed a motion for reconsideration of the May 13, 1958 denial of their motion to dismiss; plaintiff filed an opposition on April 7, 1961. By order dated May 11, 1961, the trial court granted the motion for reconsideration, set aside its earlier denial, and dismissed plaintiff’s complaint on the ground that, because plaintiff was a nonresident who had never been within the Philippines, the court lacked jurisdiction over his person in a personal action sounding in tort and therefore could not render a valid judgment against him. The court relied on various authorities (both Philippine and foreign) concerning personal and in rem jurisdiction and observed that no Philippine law required a judicatum solvi bond for nonresidents.
Plaintiff moved to reconsider the dismissal on June 28, 1961; the trial court denied reconsideration on November 7, 1961....(Pro-only)
Issues:
- May Philippine courts refuse to assume jurisdiction over a personal (tort) action brought by a nonresident alien who is not within the territorial jurisdiction of the Phil...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)