Case Summary (G.R. No. 225035)
Key Dates and Procedural Milestones
• March 23, 2007: Santos filed complaint with RTC, Quezon City, Branch 216.
• April 11–12, 2007: Summons served on Carson through Serrano; April 25 appearance and motion filed; May 3 extension granted.
• September 24, 2007 & November 9, 2007: First alias summons issued and attempted.
• September 9–October 28, 2008: Second alias summons issued; four service attempts culminating in substituted service on Fernandez.
• June 29, 2009: RTC declared Carson in default and allowed ex parte presentation of evidence.
• December 4, 2009 & November 22, 2010: Motions to set aside default denied; ex parte proceedings approved.
• November 9, 2011: Carson filed Rule 65 certiorari petition with CA.
• August 20, 2015 Decision & June 8, 2016 Resolution: CA denied petition.
• February 8, 2017: Supreme Court rendered decision under review.
Applicable Law
• 1987 Philippine Constitution (post-1990 decision).
• Rule 14, Sections 11 (service on domestic juridical entities) & 20 (voluntary appearance).
• Rule 9, Section 3 (default and relief from default).
• Rule 65 (certiorari).
• Jurisprudential standards on substituted service (Manotoc v. CA; Sagana v. Francisco).
Service of Summons and Jurisdictional Challenges
Carson first challenged validity of personal service on Serrano and sought dismissal. After denial, Santos obtained alias summons twice. Process Server Pajila made multiple attempts to serve corporate officers; on the fourth attempt he left documents with receptionist Fernandez, who refused to acknowledge receipt. Carson contended that substituted service on a receptionist was invalid because Rule 14, Section 11 limits service to designated officers.
Court of Appeals Ruling
The CA affirmed RTC jurisdiction on two grounds:
- Carson’s voluntary submission by seeking additional time to file a responsive pleading constituted a general appearance, waiving any objection to personal jurisdiction.
- Even absent voluntary submission, substituted service on Fernandez was valid because she was a competent person in charge at Carson’s regular place of business, and multiple diligent attempts at personal service had failed.
Issues Presented
- Whether the RTC acquired jurisdiction over Carson.
- Whether Carson was properly declared in default.
Supreme Court Ruling on Jurisdiction
The Court held that jurisdiction over a corporate defendant arises either by valid service of summons or by voluntary submission (Section 20, Rule 14). By requesting a 15-day extension to file a responsive pleading without expressly preserving jurisdictional objections, Carson effected a general appearance and submitted to RTC jurisdic
...continue readingCase Syllabus (G.R. No. 225035)
Nature of the Case
- Petition for review under Rule 45 of the Rules of Court.
- Seeks to reverse and set aside the August 20, 2015 Decision and June 8, 2016 Resolution of the Court of Appeals in CA-G.R. SP No. 121983.
- Primary challenge to the Court of Appeals’ affirmation of the RTC’s acquisition of jurisdiction over Carson Realty & Management Corporation (“Carson”) and its declaration in default.
Factual Antecedents
- March 23, 2007: Monina C. Santos files Complaint for Sum of Money and Damages against Carson in RTC, Quezon City, Branch 216.
- April 11–12, 2007: Initial summons served on “corporate secretary” Precilla S. Serrano (actually a staff assistant).
- April 25, 2007: Atty. Tomas Z. Roxas files Appearance and Motion acknowledging service and prays for 15-day extension to file responsive pleading.
- May 3, 2007: RTC grants extension; instead of an answer, Carson moves to dismiss for alleged improper service.
- Santos opposes, arguing Carson’s extension request constituted voluntary submission to jurisdiction.
- RTC denies motion to dismiss and issues an alias summons dated September 24, 2007.
- November 9, 2007: Process Server Pajila reports failed personal service; resorted to attempted substituted service, refused by JR Taganila.
- Carson manifests improper service, plans to return alias summons. Santos moves to declare Carson in default — denied for lack of proper service.
- September 9, 2008 alias summons issued. Officer’s Return (October 28, 2008) documents four attempts on four dates to serve President/GM; final attempt leaves summons with receptionist Lorie Fernandez, who refuses to acknowledge it.
- January 2009: Santos files second Motion to Declare Defendant in Default — granted; RTC allows ex-parte presentation of evidence (June 29, 2009).
- August 27, 2009 & March 17, 2010: Carson files motions to set aside default order and for leave to file answer; RTC denies.
- November 22, 2010 & September 9, 2011: RTC denies reconsideration; Carson files petition for certiorari with CA.