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The trial court, denied the motion to dismiss for having been filed out of
time, citing Section 1, Rule 16 of the 1997 Rules of Court which Aggrieved,
respondent filed a petition to the Court of Appeals alleging that the trial
court seriously erred and gravely abused its discretion in denying her
motion. CA granted the petition.
Issue
W/N the RTC acquired jurisdiction over the dead (Manuel Toledo) person?
Ruling: No. Jurisdiction over the person of a defendant is acquired
through a valid service of summons; trial court did not acquire
jurisdiction over the person of Manuel Toledo.
Citing the case of Sarsaba:
The courts failure to acquire jurisdiction over ones person is a
defense which is personal to the person claiming it.Obviously, it is now
impossible for Sereno to invoke the same in view of his death.Neither can
petitioner invoke such ground, on behalf of Sereno, so as to reap the
benefit of having the case dismissed against all of the defendants.