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The case filed by the plaintiff Paul Jean De Castro is an action in asking for
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damages. As held in the case of Hernandez v. Rural Bank of Lucena, Inc., in a
personal action, the plaintiff seeks the recovery of personal property, the enforcement of
In the instant case, the plaintiff filed the complaint in the trial court in the Republic
of the Philippines, under the Rules of Court, jurisdiction is acquired over the person of
the defendant when he enters his appearance or by the coercive power of legal process
4 SEC. 7. Substituted service.- If, for justifiable causes, the defendant cannot be
served within a reasonable time as provided in the preceding section, service may
be effected (a) by leaving copies of the summons at the defendants residence with
some person of suitable age and discretion then residing therein, or (b) by leaving
the copies at defendants office or regular place of business with some competent
person in charge thereof.
Otherwise stated, a resident defendant in an action in personam, who cannot be
address in the Philippines, hence summons sent to ESTI is not a valid service
It is basic in Private International Law that when there is lack of jurisdiction over
the subject matter or the parties to the suit the way to deal with a conflict is to dismiss
the case.
Commodore Juan Nicasio and the subject matter of the suit, still the case should be
when the case falls under any of the exceptions to the application foreign law
particularly when the foreign law is contrary to an important policy of the forum.
5 Victoria Regner v Cynthia Logarta, et al, G.R. No. 168747, October 19, 2007
The Family Code of the Philippines provides that marriage is between a man
and a woman entered into in accordance with law for the establishment of conjugal and
family life.6 Morever, Article 2 of the same law provides that the legal capacity of the
contracting parties who must be a male and a female for the essential requisites of
marriage. Article 4 provides that the absence of any of the essential or formal requisites
Eventhough the ship captain has the authority to solemnized marriage, such
authority must be construed based on the exemption from the license requirement as
overcoming the essential requisite that the parties should be a man and a woman.
Clearly, even the law of the United States allows same sex marriage, it cannot be
said to be the law applicable since it is contrary to an important public policy of the
forum in relation to the essential requisite of marriage provided in the Family Court.