Case Summary (G.R. No. 147937)
Antecedent Events
Milagros P. Morales filed a civil complaint against the petitioner on September 22, 1999, in the Regional Trial Court of Davao City for damages and reimbursement of insurance premiums. The summons was served to the petitioner's regional office on November 19, 1999, via its Insurance Service Officer. The petitioner subsequently moved to dismiss the case, arguing lack of jurisdiction due to improper service of summons, claiming that service was made on an employee not authorized under Section 11, Rule 14 of the 1997 Rules of Civil Procedure. Morales later amended her complaint to allow for service at the petitioner's principal office.
Court Orders
The Regional Trial Court issued an order on December 10, 1999, denying the motion to dismiss and allowed an alias summons to be served at the principal office in Manila, emphasizing that the improper service at the regional office did not warrant dismissal at such an early stage of the proceedings. The petitioner filed a motion for reconsideration which was also denied on January 14, 2000.
Petition for Certiorari
On March 2, 2000, the petitioner elevated the matter to the Court of Appeals (CA) via a special action for certiorari and prohibition, challenging the RTC's orders. The CA dismissed the petition on October 24, 2000, affirming the lower court's decisions and declaring that jurisdiction had been established through the service of the alias summons.
Legal Arguments by the Petitioner
The petitioner contended that the trial court erred in denying the motion to dismiss, claiming the service of summons was defective since proper legal procedures were not followed. They maintained that the issuance of an alias summons was improper under Section 5, Rule 14, asserting that an alias summons can only be issued if a previous summons was lost or unserved.
Legal Arguments by the Respondent
The respondent countered that the receipt of the alias summons alongside the amended complaint rectified any initial service defects, arguing that procedural missteps do not necessarily invalidate the entire case. She insisted that the amendment and service of the alias summons were sufficient to secure jurisdiction over the petitioner.
Court's Ruling
The Court upheld the lower courts' decisions, ruling that there was no grave abuse of discretion in denying the motion to di
...continue readingCase Syllabus (G.R. No. 147937)
Case Overview
- Petitioner: The Philippine American Life & General Insurance Company
- Respondents: Hon. Augusto V. Breva (Presiding Judge, RTC Davao City, Branch 10) and Milagros P. Morales
- Jurisdiction: Supreme Court of the Philippines
- Case Number: G.R. No. 147937
- Date of Decision: November 11, 2004
- Nature of Case: Petition for review of a decision from the Court of Appeals dismissing a special civil action for certiorari and prohibition.
Antecedents
- On September 22, 1999, respondent Milagros P. Morales filed a complaint for damages and reimbursement against the petitioner in the RTC of Davao City, designated as Civil Case No. 27554-99.
- The complaint specified that the petitioner could be served summons at its Davao regional office.
- Summons was served on November 19, 1999, at the Davao office, received by Insurance Service Officer Ruthie Babael.
- On December 8, 1999, the petitioner moved to dismiss the complaint, claiming improper service of summons as it was served on an employee not authorized under Section 11, Rule 14 of the 1997 Rules of Civil Procedure.
- On December 9, 1999, Morales filed an amended complaint, allowing for service at the principal office in Manila.
- The RTC denied the motion to dismiss on December 10, 1999, directing the issuance of an alias summons to the Manila office.
Procedural History
- Petitioner filed a motion for reconsideration on January