MODES OF SERVICE OF WON Petitioners are served with a valid
SUMMONSEXTRATERRITORIAL
SERVICE/ BY PUBLICATION
(SECS. 14,15,16 AND 17 )
ACANCE VS. CA
G.R. NO. 159699; MARCH 16, 2015
Kristine Marie N. Hammond
FACTS:
Angela Paglicawan and Vernier Quijano
were married and have 4 legitimate children,
herein, respondents. Angela met her second
husband Acance and got married after
Vernier passed away they got 3 children,
herein petitioners. The latter residing in the
US. The Acance siblings executed an
extrajudicial settlement of the estate and
waiver of rights of the lots situated in
Muntinlupa.The Quijano siblings filed an
amended complaint before the RTC of
Muntinlupa for the annulment of the
extrajudicial settlement. Upon Motion of the
respondents, the court a quo issued an order
declaring the herein petitioners in default for
their failure to file an answer to the amended
complaint. Atty. Rosalino Acance
representing petitioners filed with the court
aquo a motion to lift/ set aside the order of
default. Alleging that he did not receive a
copy of the complaint. The motion was
denied. It explained that the petitioners are all
residing abroad but the real properties subject
of the complaint are situated in Muntinlupa.
Accordingly, upon motion, they are deemed
served with the summons and the amended
complaint through publication in a
newspaper of general circulation in
Muntinlupa where the properties are located
and Nationwide. The petitioners filed with
the CA for certiorari but were denied.
Hence,the petition.
ISSUE:
extraterritorial service of summons.
HELD:
NO.
In this case, the court a quo acted with grave
abuse of discretion in declaring the
petitioners in default without showing that
there was full compliance with the
requirements for extraterritorial service of
summons under Section 15, Rule 14 of the
Rules of Court. The said provision reads:
Sec. 15. Extraterritorial service. When the
defendant does not reside and is not found in
the Philippines, and the action affects the
personal status of the plaintiff or relates to, or
the subject of which is, property within the
Philippines, in which the defendant has or
claims a lien or interest, actual or contingent,
or in which the relief demanded consists,
wholly or in part, in excluding the defendant
from any interest therein, or the property of
the defendant has been attached within the
Philippines, service may, by leave of court,
be effected out of the Philippines by personal
service as under Section 6; or 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 shall be sent by
registered mail to the last known address of
the defendant, or in any other manner the
court may deem sufficient. Any order
granting such leave shall specify a reasonable
time, which shall not be less than sixty (60)
days after notice, within which the defendant
must answer.
The petitioners are citizens of the United
States and residents thereof. Further, the suit
against them involves real property wherein
the petitioners, as defendants therein, have an
interest. These facts clearly warranted
extraterritorial service of summons in
accordance with Section 15, Rule 14 of the
Rules of Court. The rationale for service of
summons on a nonresident defendant is
explained, thus:

We repeat, service of summons on a

nonresident defendant who is not found in the
country is required, not for purposes of
physically acquiring jurisdiction over his
person but simply in pursuance of the
requirements of fair play, so that he may be
informed of the pendency of the action
against him and the possibility that the
property in the Philippines belonging to him
or in which he has an interest may be
subjected to a judgment in favor of a resident,
and that he may thereby be accorded an
opportunity to defend in the action, if he be
so minded. The only relief that may be
granted in such an action against such a
nonresident defendant, who does not choose
to submit himself to the jurisdiction of the
Philippine court, is limited to the res.