VictoriaRegnervsCynthia

Logarta
December

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Cynthia Logarta and Teresa Tormis were the daughters of

Luis Regner in his rst marriage with Anicita Regner.
Victoria Regner is the second wife of Luis.

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In 1999, Victoria alleged that Cynthia and Teresa with the

help of another sibling defrauded Luis, who was then very
ill and was unable to write, into placing his thumbmark
into a Deed of Donation. In said Deed, Luis purportedly
donated a Proprietary Ownership Certicate pertaining to
membership shares in the Cebu Country Club. Victoria
alleged that said Deed is void because the placing of
thumbmark by Luis was done without the latters free will
and voluntariness considering his physical state; that it
was done without Luiss lawyer; that the ratication made
by Luis before he died is likewise void because of similar
circumstances.

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In the same year, Victoria led a complaint to annul said

deed with the RTC of Cebu. The sheriff could not deliver
the summonses against Cynthia and Teresa because
apparently, although they are Filipinos, they are not
residing here; they are residing in California. It was only in
the year 2000 that one of the summonses was served to
one of the sisters, Teresa, when she came back to the
Philippines.
Teresa immediately led a motion to dismiss on the
ground that Victoria failed to prosecute her case for an
unreasonable length of time. Naturally, Victoria opposed
the MTD. Teresa, in her rejoinder, alleged that the case
should be dismissed because Cynthia, who is an
indispensable party, was not issued any summons, hence,
since an indispensable party is not served with summons,
without her who has such an interest in the controversy or

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subject matter there can be no proper determination of the

case. The trial court ruled in favor of Teresa; this was afrmed by the Court of Appeals.

(http://www.uberdigests.info/category/labor-law-2/)

ISSUE: Whether or not the dismissal of Victorias complaint is correct.

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HELD: Yes. The Supreme Court agreed with the arguments presented by Teresa. The
Supreme Court also emphasized:
There are generally two types of actions: actions in rem and actions in personam. An
action in personam is an action against a person on the basis of his personal liability,
while an action in rem is an action against the thing itself, instead of against the
person.
The certicate, subject of the donation, is a personal property. The action led by
Victoria is therefore a personal action. So in order for the court to acquire jurisdiction
over the respondents, summons must be served upon them. Further, the certicate is
indivisible, Cynthias and Teresas interests thereto can only be determined if both are
summoned in court.

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In personal actions, if the respondents are residents of the Philippines, they may be
served summons in the following order:

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1. Personal Service;
2. If (1) is not possible, Substituted Service;
3. If respondent cant be found because he is abroad but still a resident of the
Philippines, by publication with leave of court.

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Any opinion, information or remark made on

In personal actions still, if the respondents are non-residents, they may be served
summons in the following manner:

this site, including any response to queries or

1. Personal service through the Philippine embassy;

2. By publication in a newspaper of general circulation in such places and for such
time as the court may order, in which case a copy of the summons and order of the
court should be sent by registered mail to the last known address of the defendant;
or
3. in any other manner which the court may deem sufcient.

complete and authoritative statement of the

The above must be with leave of court.

passed the 2014 bar exams and was admitted

In the case at bar, Cynthia was never served any summons in any of the manners
authorized by the Rules of Court. The summons served to Teresa cannot bind Cynthia.
It is incumbent upon Victoria to compel the court to authorize the extraterritorial
service of summons against Cynthia. Her failure to do so for a long period of time
FullTexts
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comments posted, should not be regarded as a

law. This site is only meant as a resource to aid
students and researchers on their legal
studies.
This blog was started by the owner, Howard
Chan, when he was still a law student. He
to the bar on April 29, 2015. Thus, distinctions
must be made between posts, comments, and
opinions made by the author before and after
admission to the bar.
The author is now part of a law rm in the City

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What if the petition is an action in rem? What are the applicable rules?
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If the action is in rem or quasi in rem, jurisdiction over the person of the defendant is

of Baguio (Licudine and Associates Law Ofce).

Any posts, comments, and opinions posted
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not essential for giving the court jurisdiction so long as the court acquires jurisdiction

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