13.

Defective Service of Summons

1. Motion to dismiss under Rule 16 Sec.1 (a) lack of jurisdiction over the person of the
defending party
14. Summons (Action in Personam) Non- Resident Defendant or Officers of a
Corporation
Plaintiff: The remedy is to file the suit and at the same time avail of the provisional
remedy of attachment.
Following established principles, jurisdiction over the person of the defendant would
no longer be required when there is a preliminary attachment of the defendant's
properties because the suit has assumed the status of an action quasi in rem which
merely requires jurisdiction over the res. The suit can then proceed despite the
absence of the defendant because in this case, the property of the defendant would
now be the object of the judicial power.