SOFIA PASTOR DE MIDGELY, petitioner, vs. JUDGE FERANDOS and LEWELYN BARLITO QUEMADA, respondents. G.R. No.

L-34314 May 13, 1975 FACTS: Alvaro Pastor, Sr., a Spanish citizen, was the owner of properties and rights in mining claims located in Cebu, upon his death he was survived by his wife, Sofia, who later died too, and by his two legitimate children, Alvaro Pastor, Jr. and his wife Maria Elena Achaval (Mrs. Midgely), herein petitioners. Respondent Quemada claims to be his illegitimate child of the late Alvaro and the latter devised in his holographic will to Quemada 35% of his 42% percent share in those mining claims and real properties. As such administrator and as heir of Alvaro Sr., Quemada filed in the CFI of Cebu a complaint against the spouses Alvaro Pastor, Jr. and Mrs. Midgely to settle the question of ownership. Since both were living abroad at that time, Quemada caused extraterritorial service of summons to be made in that case through the Department of Foreign Affairs and the Philippine Embassy in Madrid, Spain, which effected the service of the summons by registered mail upon Mrs. Midgely and the Pastor, Jr. spouses at their respective address in Alicante and Barcelona, Spain. The spouses acknowledged the service of summons but reserved the right to contest the courts jurisdiction over their persons. ISSUE: Did the Philippine courts have acquired jurisdiction over the res of the non-resident defendant or the subject in action? RULING: Yes. The Philippine courts do have jurisdiction over the res. A non-resident alien, by filing his complaint in a Philippine court, submits thereby to its jurisdiction and the court acquires jurisdiction over him, such action in an implied waiver of his special appearance assailing the jurisdiction of the court over his person, and voluntarily submitted to the jurisdiction of said court, even if as a matter of fact he had never been able to enter the Philippines. Under Section 17, Rule 14 of the Rules of Court, with respect to the extraterritorial service of summons to a non-resident defendant like Mrs. Midgely: When the defendant does not reside and is not found in the Philippines and the action affectsProperty within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent service may, by leave of court, be effected out of the Philippines by

personal service 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 In any of such four cases where extraterritorial service of summons is proper, the service of summons may, with leave of court, be effected out of the Philippines in three ways, one of which is the service of summons which substantially complied with in this case. In this civil case, the subject matter of the action for reconveyance consists of properties of Alvaro Pastor, Sr. which are located in Cebu. Mrs. Midgely claims an actual interest in those properties. She has been receiving a share of the income therefrom. Therefore, the extraterritorial service of summons upon her was proper. In a quasi in rem action jurisdiction over the person of the non-resident defendant is not essential. Consequently, the lower court had jurisdiction to try the case even if it had not acquired jurisdiction over the person. The judgment would be confined to the res. No personal judgment could be rendered against the non-resident.