This case has been cited 2 times or more.
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2014-11-12 |
PEREZ, J. |
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| Parallel to our ruling in Philippine Commercial International Bank, the respondents' act of filing their respective Answers with express reservation should not be construed as a waiver of the lack of jurisdiction of the MeTC over their person because of non-service/defective/improper service of summons and for lack of jurisdiction over the subject matter. Hence, sans voluntary submission to the court's jurisdiction, filing an answer in compliance with the rules on summary procedure in lieu of obtaining an adverse summary judgment does not amount to voluntary submission. As we already held, a party who makes a special appearance in court, challenging the jurisdiction of said court, is not deemed to have submitted himself to the jurisdiction of the court.[35] It should not be construed as voluntary submission to the jurisdiction of the court. | |||||
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2012-09-05 |
REYES, J. |
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| When Chandumal filed an Urgent Motion to Set Aside Order of Default and to Admit Attached Answer, she effectively submitted her person to the jurisdiction of the trial court as the filing of a pleading where one seeks an affirmative relief is equivalent to service of summons and vests the trial court with jurisdiction over the defendant's person. Thus, it was ruled that the filing of motions to admit answer, for additional time to file answer, for reconsideration of a default judgment, and to lift order of default with motion for reconsideration is considered voluntary submission to the trial court's jurisdiction.[27] The Court notes that aside from the allegation that she did not receive any summons, Chandumal's motion to set aside order of default and to admit attached answer failed to positively assert the trial court's lack of jurisdiction. In fact, what was set forth therein was the substantial claim that PDB failed to comply with the requirements of R.A. No. 6552 on payment of cash surrender value,[28] which already delves into the merits of PDB's cause of action. In addition, Chandumal even appealed the RTC decision to the CA, an act which demonstrates her recognition of the trial court's jurisdiction to render said judgment. | |||||