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1. Where the whereabouts of the defendants are unknown, how may summons be served on
them?
As provided in Rule 14, Section 14, where the whereabouts of the defendants are unknown,
service may, by leave of court, be effected upon him by publication in a newspaper of general
circulation and in such places and for such time as the court may order.
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2. Atty. X was hired by defendant as defense counsel. Since he only had five days left to file
an answer, Atty. X sought an extension of 15 days to file an answer which was granted by
the court. In his answer, defendant interposed as affirmative defense lack of jurisdiction
over his person. Accordingly, it was not the defendant but his twin brother who actually
received the summons from the court. If you were the judge, will you sustain the
defendant. Explain.
NO. If I was the judge, I will not sustain the contention of Atty. X because he can no longer
question the jurisdiction of the court. The act of asking an extension of 15 days to file an answer
is deemed as a voluntary appearance which is tantamount to his submission to the jurisdiction of
the court. In the case of Carballo vs Encarnacion, the Supreme Court explained that as a rule, an
appearance in whatever form without expressly objecting to the jurisdiction of the court over the
person is a submission to the jurisdiction of the court.
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3. A executed a Deed of Real Estate Mortgage over his land to secure a loan in the amount of
P500, 000 he obtained from B. When A failed to pay, B filed a complaint for Judicial
foreclosure. However, no answer was filed of the complaint. Per return of the sheriff,
summons cannot be served upon A who is now working in the Middle East. If you were the
counsel of B, what would be your next move?
If I was the counsel for B, my next move would be to ask the court to carry out an extraterritorial
service of summons since A is now out of the country. In the case of Jose v. Boyon, it was
provided that for extraterritorial service of summons to be had, the following requisites must
concur: 1) the defendant is a nonresident, 2) he is not found in the Philippines and 3) the action
against him is either in rem or quasi in rem. Here, A is a non-resident who cannot be found in the
Philippines because he now works in the Middle East. Moreover, the action involves a foreclosure
of a real estate mortgage which is an action quasi in rem. Therefore, all of the requisites for an
extraterritorial service is present and allows the counsel of B to apply for the same.
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4. In the problem above, in case the property subject of the REM is sold at public auction and
the proceeds is not enough to cover the amount due, can the court impose a deficiency
judgment? Explain.
NO. The court cannot impose such judgment against B. Since B is not residing in the Philippines
and the imposition of a deficiency judgment is a personal action, extraterritorial service cannot be
had. The Supreme Court has held that extraterritorial service may only be applied when the case
21. A) How may summons be served? B) How may substituted service of summons be done?
C) Under what circumstances that extraterritorial service of summons may be resorted to?
a) Summons may be served through the following: personal service, substituted service, summons
by publication and extraterritorial service of summons
b) Substituted service of summons may be done by leaving copies of the summons at the
defendants residence with some person of suitable age and discretion then residing therein, or
by leaving copies at defendants office or regular place of business with some competent person
in charge thereof.
c) Extraterritorial service may be done 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.
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22. A) Within what period should a complaint-in-intervention be filed? B) What will happen to
the complaint-in-intervention of the original/main case is dismissed? C) May a transferee