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The plaintiff, a Manila resident, sued the defendant, a resident of Malolos, Bulacan,
in the RTC-Manila for a sum of money. When the sheriff tried to serve the summons with a
copy of the complaint on the defendant at his Bulacan residence, the sheriff was told that
the defendant had gone to Manila for business and would not be back until the evening of
that day. So, the sheriff served the summons, together with a copy of the complaint, on the
defendants 18-year-old daughter, who was a college student. For the defendants failure to
answer the complaint within the reglementary period, the trial court, on motion of the
plaintiff, declared the defendant in default. A month later, the trial court rendered
judgment holding the defendant liable for the entire amount prated for in the complaint.
Seven years after the entry of judgment, the plaintiff filed an action for its revival.
Can the defendant successfully oppose the revival of the judgment by contending
that it is null and void because the RTC-Manila did not acquire jurisdiction over
his person? Why?
Answers:
1. Yes, because the sheriff did not exert sufficient effort to serve summons
personally on the defendant within a reasonable time and hence the RTC-Manila
did not acquire jurisdiction over his person.
2.
Yes. The defendant can successfully oppose the revival of said judgment for
lack of jurisdiction.
Basic is the rule that for the court to acquire jurisdiction over the defendant,
he must be served summons, unless he voluntarily submits to courts
jurisdiction.
Here, the summons was not served to him. The sheriff served the summons to
the defendants daughter without
3. Yes. The court did not acquire jurisdiction over the defendant because of an
invalid service of summons. As a rule, summons should be personally served on
the defendant. It is only when summons cannot be served personally within a
reasonable time that substituted service may be resorted to.
4.