Case Summary (G.R. No. 156759)
Petitioners
Defendants Macasaet, Quijano, Albano, Reyes, Bay, Galang, and Hagos, collectively challenging the RTC’s exercise of personal jurisdiction based on substituted service and the inclusion of Abante Tonite as a party.
Respondent
Francisco R. Co Jr., plaintiff below, alleging damages from an allegedly libelous article published in the June 6, 2000 issue of Abante Tonite.
Key Dates
• July 3, 2000: Complaint for libel filed (Civil Case No. 00-97907).
• September 18 & 22, 2000: RTC Sheriff’s two personal-service attempts and substituted service.
• October 3, 2000: Petitioners file special appearance and motion to dismiss for lack of jurisdiction.
• March 12, 2001: RTC denies motion to dismiss.
• June 29, 2001: RTC denies motion for reconsideration.
• March 8, 2002: Court of Appeals dismisses petition for certiorari, prohibition, and mandamus.
• January 13, 2003: CA denies reconsideration.
• June 5, 2013: Supreme Court affirms CA decision under the 1987 Constitution.
Applicable Law
• 1987 Philippine Constitution (due process, in-personam jurisdiction).
• Rules of Court, Rule 14, Sections 6–7 (personal and substituted service of summons).
• New Civil Code, Art. 44(2)–(3) (corporation by estoppel).
Facts
Sheriff Raul Medina attempted personal service at the defendants’ office in Intramuros, Manila, on September 18, 2000 (morning and afternoon) but found each continuously absent. He then effected substituted service on competent office personnel, reciting futile personal-service efforts. Petitioners filed a special appearance and moved to dismiss for lack of personal jurisdiction and alleged that Abante Tonite could not be sued as a non-juridical entity. The RTC denied both motions, and the CA affirmed.
Issues
- Whether substituted service complied with due-process and Rule 14 requirements before vesting the RTC with personal jurisdiction over petitioners.
- Whether Abante Tonite, unincorporated and not registered with the SEC, may be a proper party.
Analysis and Ruling
The Supreme Court, applying the 1987 Constitution, reaffirmed that personal jurisdiction in personam requires proper service of summons unless validly waived. Rule 14 mandates that substituted service may follow only after diligent but unsuccessful personal-service efforts within a reasonable time. Sheriff Medina’s two attempts and the factual findings that the defendants were consistently unavailable justifi
...continue readingCase Syllabus (G.R. No. 156759)
Facts of the Case
- On July 3, 2000, respondent sued Abante Tonite and its key officers/editors—including petitioners—for libel over a June 6, 2000 tabloid article.
- Civil Case No. 00-97907 was raffled to RTC Branch 51, Manila, which issued summons to be served at Monica Publishing Corporation’s offices in Intramuros, Manila.
Substituted Service of Summons: Attempts and Sheriff’s Return
- Sheriff Raul Medina made two personal‐service attempts on September 18, 2000 (morning and afternoon); all petitioners were “out and unavailable.”
- He then resorted to substituted service under Rule 14, Secs. 6–7:
- Summons and complaint copies were left with Lu-Ann Quijano (secretary/wife) for Macasaet and Quijano.
- Summons and complaint copies were left with Rene Esleta (editorial assistant) for Albano, Bay, Galang, Hagos, Reyes.
- The sheriff’s return (Sept. 22, 2000) certified futile personal‐service efforts and valid substituted service through competent persons of suitable age and discretion.
Petitioners’ Motion to Dismiss and RTC Rulings
- October 3, 2000: Petitioners special‐appeared via motion to dismiss for lack of personal jurisdiction and to drop Abante Tonite as non-person.
- Hearing evidence: Sheriff Medina’s testimony corroborated two failed personal‐service efforts and the necessity of substituted service.
- RTC Order (Mar. 12, 2001):
- Denied motion to dismiss for lack of merit.
- Held substituted service valid—competent persons received and would relay summons; personal service within reasonable time impracticable.
- Directed petitioners to file their answers.
- RTC Resolution (June 29, 2001):
- Denied motion for reconsideration, affirming substantial compliance with service rules.
- Held Abante Ton