Gemperle vs.

Schenker

FACTS:
1. In 1952, Paul Schenker (swiss citizen residing in Zurich), acting through his wife and
attorney in fact Mrs. Schenker, filed with the CFI of Rizal a complaint against William
Gemperle for the enforcement of his initial subscription to the shares of stock of
Philippines-Swiss Trading Co. Inc. and the exercise of his pre-emptive rights to the
unissued original capital stock of the said corporation
2. In connection to the said case, Gemperle filed an action for damages (P300,000) against
the Schenkers
a. ALLEGATION: Mrs. Schenker published some allegations and other matters,
which were impertinent, irrelevant and immaterial to said case; aside from being
false and derogatory to the reputation, good name and credit of Gemperle, with
the only purpose of attacking his honesty, integrity and reputation and bringin
him in public hatred, discredit and disrepute.
b. PRAYER: Damages of P300,000; Atty. Fees of P30,000; order Mrs. Schenker to
detract from writing defamatory expressions.
c. CFI of RIZAL: dismissed the petition for lack of jurisdiction over the person of
Paul Schenker.
3. Gemperle appealed by arguing among others:
a. Jurisdiction was acquired through voluntary appearance on Paul Schenkers part
by filing an answer with counterclaim, although filed by his wife/atty-in-fact
alone.

ISSUE: Whether or not the court acquired jurisdiction over the person of Paul Schenker

HELD: YES

RATIO:

We hold that the lower court had acquired jurisdiction over said defendant, through service of the
summons addressed to him upon Mrs. Schenker, it appearing from said answer that she is the
representative and attorney-in-fact of her husband aforementioned civil case No. Q-2796,
which apparently was filed at her behest, in her aforementioned representative capacity.

In other words, Mrs. Schenker had authority to sue, and had actually sued on behalf of her
husband, so that she was, also, empowered to represent him in suits filed against him, particularly
in a case, like the of the one at bar, which is consequence of the action brought by her on his
behalf.