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Acance Case

The petitioners were not properly served with notice of the summons according to the requirements for extraterritorial service. Under Section 15 of Rule 14, if a defendant does not reside in the Philippines, service can be made through publication in a newspaper where the property is located and nationwide, as well as sending a copy of the summons and court order by registered mail to the defendant's last known address. However, there was no showing that these specific requirements for extraterritorial service were fully complied with, constituting a grave abuse of discretion for the court to declare the petitioners in default. Proper service of summons on a nonresident defendant is important to inform them of the pending action and allow them an

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Gerald Hernandez
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198 views2 pages

Acance Case

The petitioners were not properly served with notice of the summons according to the requirements for extraterritorial service. Under Section 15 of Rule 14, if a defendant does not reside in the Philippines, service can be made through publication in a newspaper where the property is located and nationwide, as well as sending a copy of the summons and court order by registered mail to the defendant's last known address. However, there was no showing that these specific requirements for extraterritorial service were fully complied with, constituting a grave abuse of discretion for the court to declare the petitioners in default. Proper service of summons on a nonresident defendant is important to inform them of the pending action and allow them an

Uploaded by

Gerald Hernandez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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MODES OF SERVICE OF WON Petitioners are served with a valid

SUMMONSEXTRATERRITORIAL extraterritorial service of summons.


SERVICE/ BY PUBLICATION
(SECS. 14,15,16 AND 17 ) HELD:

NO.
ACANCE VS. CA
G.R. NO. 159699; MARCH 16, 2015 In this case, the court a quo acted with grave
Kristine Marie N. Hammond abuse of discretion in declaring the
petitioners in default without showing that
FACTS: there was full compliance with the
requirements for extraterritorial service of
Angela Paglicawan and Vernier Quijano summons under Section 15, Rule 14 of the
were married and have 4 legitimate children, Rules of Court. The said provision reads:
herein, respondents. Angela met her second
husband Acance and got married after Sec. 15. Extraterritorial service. When the
Vernier passed away they got 3 children, defendant does not reside and is not found in
herein petitioners. The latter residing in the the Philippines, and the action affects the
US. The Acance siblings executed an personal status of the plaintiff or relates to, or
extrajudicial settlement of the estate and the subject of which is, property within the
waiver of rights of the lots situated in Philippines, in which the defendant has or
Muntinlupa.The Quijano siblings filed an claims a lien or interest, actual or contingent,
amended complaint before the RTC of or in which the relief demanded consists,
Muntinlupa for the annulment of the wholly or in part, in excluding the defendant
extrajudicial settlement. Upon Motion of the from any interest therein, or the property of
respondents, the court a quo issued an order the defendant has been attached within the
declaring the herein petitioners in default for Philippines, service may, by leave of court,
their failure to file an answer to the amended be effected out of the Philippines by personal
complaint. Atty. Rosalino Acance service as under Section 6; or by publication
representing petitioners filed with the court in a newspaper of general circulation in such
aquo a motion to lift/ set aside the order of places and for such time as the court may
default. Alleging that he did not receive a order, in which case a copy of the summons
copy of the complaint. The motion was and order of the court shall be sent by
denied. It explained that the petitioners are all registered mail to the last known address of
residing abroad but the real properties subject the defendant, or in any other manner the
of the complaint are situated in Muntinlupa. court may deem sufficient. Any order
Accordingly, upon motion, they are deemed granting such leave shall specify a reasonable
served with the summons and the amended time, which shall not be less than sixty (60)
complaint through publication in a days after notice, within which the defendant
newspaper of general circulation in must answer.
Muntinlupa where the properties are located
and Nationwide. The petitioners filed with
the CA for certiorari but were denied. The petitioners are citizens of the United
Hence,the petition. States and residents thereof. Further, the suit
against them involves real property wherein
ISSUE: the petitioners, as defendants therein, have an
interest. These facts clearly warranted
extraterritorial service of summons in
accordance with Section 15, Rule 14 of the
Rules of Court. The rationale for service of
summons on a nonresident defendant is
explained, thus:

We repeat, service of summons on a


nonresident defendant who is not found in the
country is required, not for purposes of
physically acquiring jurisdiction over his
person but simply in pursuance of the
requirements of fair play, so that he may be
informed of the pendency of the action
against him and the possibility that the
property in the Philippines belonging to him
or in which he has an interest may be
subjected to a judgment in favor of a resident,
and that he may thereby be accorded an
opportunity to defend in the action, if he be
so minded. The only relief that may be
granted in such an action against such a
nonresident defendant, who does not choose
to submit himself to the jurisdiction of the
Philippine court, is limited to the res.

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