Case Digest (G.R. No. 156759) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On July 3, 2000, Francisco R. Co, Jr. filed Civil Case No. 00-97907 for libel against Abante Tonite, its Publisher Allen A. Macasaet, Managing Director Nicolas V. Quijano, Jr., Circulation Manager Isaias Albano, Editors Lily Reyes, Janet Bay, Jesus R. Galang, and Reporter Randy Hagos before the Regional Trial Court (RTC), Branch 51, Manila. The RTC issued summons to each defendant at Monica Publishing Corporation’s offices in Intramuros, Manila. On September 18, 2000, Sheriff Raul Medina attempted personal service twice—once in the morning and again in the afternoon—but defendants were absent. On September 22, 2000, he executed substituted service, leaving the summons and complaint copies with each defendant’s secretary or an editorial assistant, who acknowledged receipt. Petitioners moved to dismiss for lack of jurisdiction and to drop Abante Tonite as a non-entity. The RTC denied the motion on March 12 and June 29, 2001. Petitioners then filed a petition for certiorari, prohib Case Digest (G.R. No. 156759) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Factual Background
- On July 3, 2000, respondent Francisco R. Co, Jr. filed a libel suit (Civil Case No. 00-97907) against Abante Tonite and seven individuals—Allen A. Macasaet (Publisher), Nicolas V. Quijano, Jr. (Managing Director), Isaias Albano (Circulation Manager), Lily Reyes (Reporter), Janet Bay, Jesus R. Galang, and Randy Hagos (Editors)—alleging damages from a June 6, 2000 article.
- The case was raffled to RTC Branch 51 in Manila, which issued summons to each defendant at the business address of Monica Publishing Corporation, Intramuros, Manila.
- Service of Summons and Substituted Service
- On September 18, 2000, Sheriff Raul Medina attempted personal service in the morning and afternoon; both failed because petitioners were “always out” or “roving.”
- Concluding further personal attempts within a reasonable time would be futile, the sheriff on September 22, 2000 returned the summons served by substituted service to:
- Lu-Ann Quijano (secretary) for Macasaet and Nicolas V. Quijano, Jr.
- Rene Esleta (editorial assistant) for Albano, Bay, Galang, Hagos, and Reyes.
- Motions, Orders, and Appeals
- On October 3, 2000, petitioners filed a special appearance motion to dismiss for lack of personal jurisdiction and to drop Abante Tonite for lack of juridical personality.
- After Sheriff Medina’s testimony confirming two failed personal service attempts and proper substituted service, the RTC denied the motion on March 12, 2001, and also denied reconsideration on June 29, 2001.
- Petitioners sought certiorari, prohibition, and mandamus relief from the CA; on March 8, 2002, the CA dismissed the petition and, on January 13, 2003, denied reconsideration.
- Petitioners then filed a petition for review on certiorari with the Supreme Court.
Issues:
- Whether the substituted service of summons validly conferred jurisdiction over petitioners.
- Whether Abante Tonite, an unincorporated tabloid, may be sued as a party or enjoys corporate personality.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)