T TWO: JURISDICTION
PAR D CHOICE OF LAW
‘Chapter IV
JURISDICTION
he sy of confit linn may mean 6
re tse oop jure. Jude
Jui power ahr ef cour oy cay,
iain ce tm cordance ih aw Th
et ete end wih lealatve jurtaition Which
Reet seat proms laws and enforce hon
sa nd per a error.
Trang fief eve robe, oe ae oa
tes ab dre a ho court jure oer
seh onan o oar proper Base
eetadnto eve the sje mata, uly stred
seaman te tt been ought he rope
weceTeanchar afr eset, s
Sige ante ortecran er which at sei
see yc mayo ay tan oer
=
‘A. BASIS OF EXERCISE OF JUDICIAL JURISDICTION
‘The bases on which courts may exercise judicial jurisdic
tion fall into three groups: (a) jurisdiction over the person
whichis based on foram-defendant contacts; (0) juriedction
tre the re based on fram poperty enact) ie
‘diction over the subject-matter. ¥ i
"See dlacoion of Frum Non Convenionat
Ey
Jomoeon a
In the absence ofa Jurtdictional basis,
not try the case. Tn the event onal
‘ot be considered valid, nt nt does, judgment wil
1. JURISDICTION OVER THE PERSON
denn oom ing
ncn tes ity tay
one iam gare was
ta 2 re
One hn ir tine a
pg en ee eto
sod caer ene
Secs ne ean
Scent antes anne
oe oan anise
sriida weet ees
eieuea pirate ceantene
Sete re eer
sei meer ania
sane Oe gees aPC wee
niger tated
coe
‘Sec. 6. Service in person on defendant —Whenevor
practicable, the summons dhl be terved by handing 8 Spy
‘hereof to the defendant in person, ihe reac to reeive and
sign fort by tendering ito him
See. 7. Subwituted Service If, for justifiable causes,
he defendant cannot be served within reonable time
provided in the preceding seston, service may beefed ()
Sy leaving copies ofthe summons atthe defendants dling
‘ouse oe residence with sme person of stable age and die
‘reton then residing therein, () by leaving the eps at de-
‘dant ofce o regular place of buslese with vome compe-
‘ot person in charge tere
neo EapatelFlipns v.Palane, 37 Phi 921 (1918).
* Carballo. Encarnacion, 92 Phi 974 (1962); Sans v, Mon
tena, J 21 SCRA 18 (1989).(Conmucr oF Laws
WILLIAM GEMPERLE o, HELEN SCHENKER
19 SCRA 45 (1967)
cs bt tag hgh a ed iy
fut, Helen Schenker, fed with CFI of Rizal « comps
Nie Se Onroad Oo exhesunee Pts Ea
se duno threo tek he Pilg Sir Ta
Sn Seopa commented Gas preettiog ty eae E
See ote pulsed alegeons which aot net
Peto cetoor ol ose Slt cy pope
Sng ie honesty, itgnty and reputation nto
‘deen um ito Pubic hated, dreds buen
‘Schenker, a Swiss Citizen residing in Switzerland, was
served with summons through his legal representative, his
Wife, who was recding herein the Philippines.)
CONCEPCION, C.J.
“It is urged by plaintiff that jurisdiction over the person
of Schenker has been secured. through voluntary appearance
con his part, he not having made a special appearance to asail
‘the juriadiction over his person, and an answer having been
Sled in this case, stating that “the defendants, by counss,
anawering the plaintiffs complaint, respectfully aver,” which
is allegedly a general appearance amounting to a submission
‘to the jurisdiction of the court, confirmed, according te
plaintif by a P225,000 counterdlaim for damages eat up in
Said answer, but, this counterclaim was setup by Mr.
‘Schenker alone, not including her husband. Moreover, ssid
fanawer contained several affirmative defenses, one of which
‘was lack of jurisdiction over the person of Schenker, thus
‘negating the alleged waiver of this defense. Nevertheless, We
hold that the lower court had acquired juriedition over said
defendant, through service ofthe summons addressed to hi
‘upon Mrs. Schenker, it appearing from said answer that she
fs the representative and attorney-infact of her husband in
the aforementioned civil ease No, Q:2796, which apparently
was filed at her bebe, in her aforementioned representative
apacity. In other words, Mrs. Schenker had authority to su,
Jomsoicron| 2
‘and had actually sved, on behalf of her husband, so that she
‘was, also, empowered to represent him in suite fled against
fim, parialary in a ease, ke the one at bar, which is @
‘Consequence ofthe action brought by heron his behalf
Inasmuch as the alleged absence of a cause of action
inst Mrs. Schenker ix premised upon the allege lack of
Jvediction over the person of Schenker, which cannot be
‘atained, it fellows that the conclusion drawn therefrom is,
Tikewise, untenable.
‘Wherefore, the decision appealed from should be, a itis
pereby, reversed, and the ease remanded to the lower court
for further procoedings, with the costs of this instance against
dofendants-appelies..”
2, JURISDICTION OVER THE PROPERTY
Jurndition over the property which isthe subject mat-
ter ofltigation results either from the seiaure af the property
‘under legal processor from the institution of legal proceed
ings wherein the cours power over the property is recognized
and made effective’
“This kind of juriediction is referred tons in rom jure
tion in eontast to in personam jurisdiction. Where the ation
iin rem, the situe could "bind the world” and not just the
inerest of specific persone. The besis for the exercise of
juradction is he presence of the property within the trrito-
‘al jurisdiction of the forum. Examples are the forfeiture of
{anaible property and registration of land tite,
‘Another form of jurisdiction based on the state's physical
power over property found within its teretory is quast in rem
Jhrediction, but affects only interests of partiular persons in
that thing” An example ofthe exereise of quasi in rem juris
Aietion iss proceeding 9 quiet tite to property wherein the
Forum may ndjudieate that one claimants title to the property
in question is superior to others.
"Banco EapatoL Filipino v. Planes, 87 Pil. 621 (818,PENNOYER o. NEFF
Ma 95 US 714 (1878)
ice on Oren aj had won on Oregon
sadgnent gait Neff on stormy ne Nett
Sea Coie ed eon
Cran normuper. Ne” road and it Orage whch
Peaseyer aud ware Soni Got in stacon ce
{ent Nall then sed Penoyer in eral a
Sram to reer the Ind otoning tht heal ek
invalid bece the ate curt had mt segue ures
owtins
FIELD, J:
“If, without personal servie judgments in personam ob-
tained ex parte against non-residents and absent partie,
‘upon mere publication of process which in the great majority
of cases, would never be seen by the parties interested, could
be upheld and enforeed, they would be the constant ins.
‘ments of fraud and oppression. Judgments for all sorts of
claims upon contracts and for torte, real or pretended, would
Ye thus obtained, under which property would be seized,
when the evidence of the transactions upon “which they were
founded, ifthey ever had any existence, had perished.”
Substituted. services. by_publication, or in any other
‘authorized form, may be sufficient.to inform parties of the
object of proceedings taken where property is once brought
tunder the control ofthe court by seizure or some equivalent
‘ct to any proceedings authorized by law upon euch seizure
for its condemnation and sale. Such service may also be
sufficient in cases where the object of the action isto resch
‘and dispose of property in the State or of some interest
‘herein, by enforcing. contract ora lien respecting the same,
Somsoicno 2s
or to partion it among diferent owners; when the public
ina party, to condemn and appropriate tor pul purpose
Th ther word, euch eervze may ehrver i all actions Which
are substantially proceedings in ram. But where the ene
thjet ofthe action isto determine the personal ph and
‘igations ofthe defendants, that i, wher te aut & merely
{in pertnam, constructive service jn this form pen nok:
‘alent. i inefectual for. any: purpose. Proceas from the
tsbunals of oe State canaot run lwo ancter State, and
summon parties there domiced to lave its terran and
Fesyod tpreceedings against them. Publication ef processor
vvithin the Sate where the tribunal sie cannot ees
any_grester obligation upon the nonresident to appecr
Process went to him out of the State, and process published
within are equally unavailing in procedings to establish
is personal isi.
‘The want of authority ofthe tribunals of «State toad
dicate upon the obligations of nonresidents, where they have
‘property within ta limita ot denied by the ear below,
ut the pation is assumed that, where they have property
sn he tat ier wer proper
the frat instance brought under the control of the cour.
tachment or some-cthor-oquvalent-ach_and.aterwards
Syed by ss udgment to the stitution of demands against
t demands be rt setablisbed in persnal
7. aRecwards
incidontal to ils juradietion over the property. It juriadiction
{that respect cannot be made to depend upon facts ta be
‘ascertained after it has tried the cause and rendered the
Judgment 1f-Uhe judgment be previously” eid, it wil_not
cme ral by ibe sutroqvet dacoery of property fie
oF by hin subsequent acquisition of i, The jude
‘Gent, if void when rendered, will always remain void.
ano occupy the doubifl position of being alii property
‘jot ae-void-if there be-none, Even if the position
assumed. were confined to cases where the non-resident
defendant ponsesed property is the State at the commence
G.R. No. L-38434 December 23, 1933 THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, Marciano Medina Y Diokno (Alias Mariano Medina, Alias Alejandro Dola), Defendant
G.R. No. 114167 July 12, 1995 Coastwise Lighterage CORPORATION, Petitioner, Court of Appeals and The Philippine General Insurance COMPANY, Respondents. Francisco, R., J.