This case has been cited 4 times or more.
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2009-09-11 |
CARPIO, J. |
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| Petitioner's contention that respondent's filing of Notice of Appeal effectively cured any defect in the service of summons is devoid of merit. It is well-settled that a defendant who has been declared in default has the following remedies, to wit: (1) he may, at any time after discovery of the default but before judgment, file a motion, under oath, to set aside the order of default on the ground that his failure to answer was due to fraud, accident, mistake or excusable neglect, and that he has a meritorious defense; (2) if judgment has already been rendered when he discovered the default, but before the same has become final and executory, he may file a motion for new trial under Section 1(a) of Rule 37; (3) if he discovered the default after the judgment has become final and executory, he may file a petition for relief under Section 2 of Rule 38; and (4) he may also appeal from the judgment rendered against him as contrary to the evidence or to the law, even if no petition to set aside the order of default has been presented by him.[19] Thus, respondent, which had been declared in default, may file a notice of appeal and question the validity of the trial court's judgment without being considered to have submitted to the trial court's authority. | |||||
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2007-09-28 |
AUSTRIA-MARTINEZ, J. |
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| Sec. 13. Service upon private domestic corporation or partnership. If the defendant is a corporation organized under the laws of the Philippines or a partnership duly registered, service may be made on the president, manager, secretary, cashier, agent, or any of its directors.[21] In Villa Rey Transit, Inc. v. Far East Motor Corporation,[22] we characterized an agent in the contemplation of Rule 14 under the (1964) Rules of Court, as a representative so integrated with the corporation sued as to make it a priori supposable that he will realize his responsibilities and know what he should do with any legal papers served on him; one who performs vital functions in the corporation that it would be reasonable to presume that he would be able to discern the importance of papers delivered to him,[23] and be responsible enough to transmit the same to the corporation.[24] | |||||
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2006-09-15 |
YNARES-SANTIAGO, J. |
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| In these types of civil actions, summons on the defendant must be served by handing a copy thereof to the defendant in person, or in case of refusal, by tendering it to him. If efforts to find defendant personally makes prompt service impossible, service may be effected by leaving copies of the summons at the defendant's dwelling house or residence with some person of suitable age and discretion residing therein, or by leaving the copies at the defendant's office or regular place of business with some competent person in charge thereof.[20] The proper service of summons is a critical step in litigation because upon such service rests the court's acquisition of jurisdiction over the person of the defendant. In the absence of a valid waiver, trial and judgment without such service are null and void. | |||||
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2000-02-28 |
MENDOZA, J. |
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| In this case, there is no dispute that the first and second requisites were fulfilled. With respect to the third, the appellate court held that petitioner's filing of a motion to dismiss the foreclosure suit is proof that it received the copy of the summons and the complaint. There is, however, no direct proof of this or that Lynverd Cinches actually turned over the summons to any of the officers of the corporation. In contrast, in our cases applying the substantial compliance rule,[17] there was direct evidence, such as the admission of the corporation's officers, of receipt of summons by the corporation through the person upon whom it was actually served. The question is whether it is allowable to merely infer actual receipt of summons by the corporation through the person on whom summons was served. We hold that it cannot be allowed. For there to be substantial compliance, actual receipt of summons by the corporation through the person served must be shown. Where a corporation only learns of the service of summons and the filing of the complaint against it through some person or means other than the person actually served, the service of summons becomes meaningless. This is particularly true in the present case where there is serious doubt if Lynverd Cinches, the person on whom service of summons was effected, is in fact an employee of the corporation. Except for the sheriff's return, there is nothing to show that Lynverd Cinches was really a draftsman employed by the corporation. | |||||