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BANCO DO BRASIL v. CA

This case has been cited 3 times or more.

	GR No. 175799 2011-11-28	NM ROTHSCHILD v. LEPANTO CONSOLIDATED MINING COMPANY LEONARDO-DE CASTRO, J.
Breaking down Section 15, Rule 14, it is apparent that there are only four instances wherein a defendant who is a non-resident and is not found in the country may be served with summons by extraterritorial service, to wit: (1) when the action affects the personal status of the plaintiffs; (2) when the action relates to, or the subject of which is property, within the Philippines, in which the defendant claims a lien or an interest, actual or contingent; (3) when the relief demanded in such action consists, wholly or in part, in excluding the defendant from any interest in property located in the Philippines; and (4) when the defendant non-resident's property has been attached within the Philippines. In these instances, service of summons may be effected by (a) personal service out of the country, with leave of court; (b) publication, also with leave of court; or (c) any other manner the court may deem sufficient.[32]
	GR NO. 172242 2007-08-14	PERKIN ELMER SINGAPORE PTE LTD. v. DAKILA TRADING CORPORATION CHICO-NAZARIO, J.
The proper service of summons differs depending on the nature of the civil case instituted by the plaintiff or petitioner: whether it is in personam, in rem, or quasi in rem. Actions in personam, are those actions brought against a person on the basis of his personal liability; actions in rem are actions against the thing itself instead of against the person; and actions are quasi in rem, where an individual is named as defendant and the purpose of the proceeding is to subject his or her interest in a property to the obligation or loan burdening the property.[26]
	GR NO. 155488 2006-12-06	ERLINDA R. VELAYO-FONG v. SPS. RAYMOND AND MARIA HEDY VELAYO AUSTRIA-MARTINEZ, J.
Where the action is in personam, that is, one brought against a person on the basis of her personal liability, jurisdiction over the person of the defendant is necessary for the court to validly try and decide the case. When the defendant is a non-resident, personal service of summons within the state is essential to the acquisition of jurisdiction over the person.[30] Summons on the defendant must be served by handing a copy thereof to the defendant in person, or, if he refuses to receive it, by tendering it to him.[31] This cannot be done, however, if the defendant is not physically present in the country, and thus, the court cannot acquire jurisdiction over his person and therefore cannot validly try and decide the case against him.[32]