Case Digest (G.R. No. L-29067)
Facts:
James A. Keister, an American citizen and resident of 11 Narra Road, Forbes Park, Makati, petitioned for prohibition against The Hon. Pedro C. Navarro, Judge of the Court of First Instance of Rizal, and Batjak, Inc., after the court in Civil Case No. 10392 denied his motion to dismiss and motion for reconsideration and ordered him to answer a complaint for annulment of sale and attachment arising from contested transfers and registration of an automobile. Summons and complaint were served "c/o Chuidian Law Office, Suite 801, JMT Bldg., Ayala Avenue, Makati," not at Keister's known residence or office; the Court of First Instance issued orders on January 12, 1968 and March 28, 1968, and this Court granted a writ of preliminary injunction on June 22, 1968 pending resolution.
Issues:
- Whether the court a quo lawfully acquired jurisdiction over the person of James A. Keister by service of summons at the Chuidian Law Office.
Ruling:
The petition was granted. The Court held that service of summons at the Chuidian Law Office was fatally defective and did not confer jurisdiction over James A. Keister, rendering the Orders of January 12, 1968 and March 28, 1968 null and void; the writ of preliminary injunction was made permanent and costs were imposed on Batjak, Inc.
Ratio:
Service of summons is the means by which a court acquires jurisdiction over a defendant and must be personal unless substituted service is authorized and strictly followed. Under Section 8, Rule 14, Revised Rules of Court, substituted service may only be effected at the defendant's dwelling, residence, office, or regular place of business with a person specified by the rule, and the place is determined at the time of service; because summons was not left at Keister's residence or known office and the statutory prerequisites for substituted service were not observed, due process was not satisfied and the lower court lacked jurisdiction.
Doctrine:
- Service of summons is essential to confer jurisdiction over the person and, absent valid service or waiver, trial and judgment are void.
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