CHAPTER XIV – JUDICIAL

JURISDICTION, FORUM NON

CONVENIENS, VENUE AND
SUMMONS

By:
Danica Faye Julian
Maria Lourdes Cordero
JURIDICAL JURISDICTION
Jurisdiction means the power or capacity
conferred by the Constitution or by law to a court
or tribunal to entertain, hear and determine
certain controversies, and render judgment
thereon;

For a given case could validly be decided by a

Philippine court, it must have jurisdiction: (1) over
the subject matter of the litigation; (2) over the
persons of the parties therein; and (3) in actions
in rem or quasi-in-rem, over the properties
situated in the Philippines, or over the res.
Warsaw Convention
While jurisdiction over the subject matter is defined by the
Constitution and by our laws, the country, by treaty, may
concede that jurisdiction over certain subject matter be
defined therein, to the exclusion of what our law provides.

An example of such a treaty is the convention for the

unification of certain rules relating to international
transportation by air, otherwise known as the Warsaw
Convention, to which the country adhered, and became
applicable to the Philippines on February 1, 1951. The
Convention is a treaty commitment voluntarily assumed
by the Philippine government and, as such, has the force
and effect of law in this country.

Article 28(1) of the Warsaw Convention provides:

"Art. 28. (1) An action for damage must be brought at
the option of the plaintiff, in the territory of one of the
High Contracting Parties, either before the court of the
domicile of the carrier or of his principal place of
Pursuant to the above provision, the complaint for
damages may be filed, at the option of the plaintiff, only
in the territory of one of the contracting parties, before
any of the following:
1. The court of the domicile of the carrier;
2. The court of its principal place of business;
3. The court where it has a place of business through which
the contract (i.e., ticket) had been made; or
4. The court of the place of destination.

Construing Article 28(1) of the Convention, the Court

ruled that said provision refers to jurisdiction and not to
venue, regardless of whether or not the plaintiff proceeds
on the theory of breach of contract or on tort.
Assumption of jurisdiction

Where the case is filed in Philippine court, and the court

has jurisdiction over the subject matter, the parties and
the res, it may or can proceed to try the case, even if
the rules of conflict-of-law or the convenience of the
parties point to a foreign forum. This is an exercise of
sovereign prerogative of the country where the case is
filed.

The general rule is that unless a defendant can be

properly served with summons, or he voluntarily
submits himself to the jurisdiction of the court, no
judgment may be validly rendered against him, as the
court may acquire jurisdiction over the subject matter
and the person of the defendant.
The exceptions to the rule are:

1. when the action affects the personal status of the

plaintiff;

2. when the action 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;

3. when the relief demanded in such action consists,

wholly or in part, in excluding the defendant from any
interest in the property located in the Philippines; and

4. when defendant non-resident's property has been

attached within the Philippines
 FORUM NON
CONVENIENS
Whereby a court, in conflicts of law cases,
may refuse impositions on its jurisdiction
where it is not the most convenient or
available forum and the parties are not
precluded from seeking remedies
elsewhere.

Term refers to discretionary power of court

to decline jurisdiction when convenience of
parties and ends of justice would be better
served if action were brought and tried in
another forum.
Discretion of Trial Court

Where the exact relationship of the parties

is still to be established in a case, the court
may not be ready to rule on the invocation
by one party of the doctrine of forum non
conveniens, as a defense. The matter has
to be left to the sound discretion of the
trial court judge who is in the best position,
after some vital facts are established, to
determine whether special circumstances
require that his court desist from assuming
jurisdiction over the suit.
 First Phil.
International Bank vs
CA
Manila Hotel Corp. vs
NLRC
VENUE
 SUMMONS
Writ by which a defendant is notified of
the action against him and service
thereof upon him is the means by
which the court acquired jurisdiction
over his person, in the absence of
voluntary appearance on his part.
Content: (a) name of the court and
names of the parties to the action; (b) a
direction that the defendant answer
within this time fixed by there Rules; (c)
notice that unless the defendant so
answers, plaintiff will take judgment by
default and may be granted the relief
Service of Summons
required; due process
The essence of due process is
founded in the reasonable
opportunity to be heard and submit
any evidence one may have in
support of his defense.
A person should be informed if the
claim against him and the basis
thereof on which such claim in
premised.
Voluntary appearance is in lieu of a
How service of
summons effected?
In personam – if it concerns only the
right, title, and interest of the parties to
the land, not the title against the whole
world. The judgment therein is binding
only against the parties properly
impleaded.
Modes of service:
 Personal Service
 Substituted Service
In rem – an action against the thing
itself. The judgment is directed
against the thing or property or of a
status of a person and is binding
against the whole world.
Modes of service:
 Personal Service
 Substituted Service
 Service by Publication

Summon is a procedural process,

the law of the forum shall apply.
Personal service of summons in
personal actions
General rule: PERSONAL SERVICE

Exception: for justifiable causes, the resident

defendant cannot be served within a reasonable
time by personal service, substituted service may
be resorted to.

It is a fundamental rule of international jurisdiction

that no state can by its own laws, and no court
which is only a creature of that state, can by its
judgments or decrees, directly bind of affect
property or persons beyond the limits of that state.

Exception: Non-resident defendant has appointed

an attorney-in-fact which was empowered to
represent him in suits.
Substituted service may be
effected:
a) By leaving copies of the summons
at the defendant’s dwelling house
or residence with some person of
suitable age and discretion then
residing therein, or
b) By leaving copies to the
defendant’s office or regular place
of business with some competent
person in charge thereof.
 The statutory requirements of
substituted service must be followed
strictly, faithfully and fully, and any
Service upon residents
temporarily abroad
When any action is commenced
against a defendant who ordinarily
resides within the Philippines, but
who is temporarily outside of it,
service may, by leave of court, be
effected out of the Philippines, by
personal service, by substituted
service, or by publication upon leave
of court.
Defendant is a prisoner in jail or
institution – to the management of such
jail or institution who is deemed deputized
as a special sheriff for the said purpose.
Defendant us a minor, insane, or
otherwise incompetent – to him personally
and on his legal guardian, guardian ad
litem, or in case of minor, his/her parents.
Service upon unknown defendant

Service may, with leave of court, be

effected upon him by publication in a
newspaper of general circulation and
in such places and for which time as
the court may order.
Extraterritorial Service

Defendant is not a resident and not found

in the Philippines.

There are four (4) instances where

extraterritorial service of summons is
proper:
 When the action affects the personal
status of the plaintiff;
 When the action relates to, or subject of
which is property, within the Philippines,
in which the defendant claims a lien or
interest, actual or contingent;
 When the relief demanded in such
action consist, wholly or in part, in
excluding the defendant from any
interest in property located in the
Philippines
 When the defendant non-
resident’s property has been
attached within the Philippines.
Service of summons may be effected
by: (a) personal service out of the
country, with leave of court; (b)
publication, also with leave of court;
or (c) any other manner the court
 Philsec Investment
Corp vs CA
Contending that the action being in
personam, extraterritorial service of
summons by publication was
ineffectual and did not vest the court
with jurisdiction over 1488, Inc., which
is a non-resident foreign corporation,
and Daic, who is a non-resident alien.
Issue: Is the service of summons by
publication did not vest the trial court
with jurisdiction in an action in
personam for the recovery of a sum of
Held: The extraterritorial service of summons
by publication was effectual.

It was error we think for the Court of Appeals

and the trial court to hold that jurisdiction
over 1488, Inc. and Daic could not be
obtained because this is an action
in personam and summons were served by
extraterritorial service. Rule 14, 17 on
extraterritorial service provides that service of
summons on a non-resident defendant may
be effected out of the Philippines by leave of
Court where, among others, the property of
the defendant has been attached within the
Philippines. It is not disputed that the
properties, real and personal, of the private
Summons in action for annulment
of marriage
The service of summons shall be governed
by Rule 14 of the Rules of Court and by the
following rules:

Where the respondent cannot be located at

his given address or his whereabouts are
unknown and cannot be ascertained by
diligent inquiry, service of summons, by
leave of court, be effected upon him by
publication once a week for two
consecutive weeks in a newspaper of
general circulation in the Philippines and in
such places as the court may order, in
addition, a copy of the summons shall be
The summons to be published shall be
contained in an order of the court with
the following data:
Title of the case;
Docket number;
Nature of the petition;
Principal grounds of the petition and
the relief prayed for; and
A directive for the respondent to
answer within thirty days from the last
issue of publication.
Where action in rem becomes in
personam
If the defendant voluntarily appears,
the cause becomes mainly in
personam, with the attached
property remaining liable to answer
for any demand which may be
established against the defendant by
the final judgment of the court.
Leave of court is necessary in the
following cases:
1) Service by publication in a newspaper of general
circulation upon defendant whose identity or
whereabouts are unknown, as provided in Sec. 14.

2) Personal service outside the Philippines as

provided in Sec. 6 or by publication in a
newspaper of general circulation when defendant
does not reside in the Philippines and is not found
in the Philippines, in cases affecting plaintiff’s
personal status or relating to his property in the
Philippines or any lien or interest therein, as
provided in Sec. 15
3) Personal service outside the Philippines as
provided in Sec. 6 or by publication in a
newspaper of general circulation when
defendant in a case is ordinarily a resident
of the Philippines but who is temporarily
out of it, as provided in Sec. 16

4) In a suit against a foreign corporation in

connection with any transaction or
contract in the Philippines, service by
publication may be allowed as it would not
be fair for the defendant to escape liability
for its transaction or contract in the
country by leaving no one upon whom
service of summons may be made and
upon the principle of liberal construction of
Service upon non juridical entity
Service may be affected upon all
defendants by serving upon any one of
the persons associated in an entity, or
upon the person in charge of the office
or place of business maintained in such
name. Such service shall not bind
individually any person whose
connection with the entity has, upon
due notice, been severed before the
action was brought.
Persons who transact business under a
corporate name or entity, not duly
authorized, may be sued under their
Service upon domestic private
entities or corporations
Service may be made on the president,
managing partner, general manager,
corporate secretary, treasurer, or in-
house counsel.
E.B. Villarosa & Partner Co., Ltd. Vs
Benito
Issue: Whether summons served on a duly
registered partnership thru its branch
manager is a valid service, as to enable
the court to acquire jurisdiction over the
person of the entity and to render
Held: No. Under the old Sec. 13, Rule 14 prior
to the promulgation of the 1997 Rules of Civil
Procedure, the service of summons upon the
branch manager is valid.

The old rule has been changed and now Sec.

11 of Rule 14 of the 1997 Rules of Civil
Procedure provides:

"When the defendant is a corporation,

partnership or association organized under
the laws of the Philippine with a juridical
personality, service may be made on the
president, managing partner, general
manager, corporate secretary, treasurer, or
in-house counsel.”

The enumeration of persons to whom

Foreign corporations who may be
sued in the Philippines include the
following:
those duly registered with, and licensed
by, the Securities and Exchange
Commission to transact business;
those not being so registered but doing
business in the country; and
those unlicensed corporations having
transacted an isolated business in the
country which was not considered doing
business.
Foreign corporation licensed to do
business
It has been held that the designation of the
specific person as its agent to receive
service of summons pursuant to the
Corporation Code is exclusive, and service
of summons on any other person is
inefficacious.

However, where such agent has ceased to

be an agent, or where the corporation has
no such agent, service shall be made on
the government official designated by law,
to wit: (a) the Insurance Commissioner, in
the case of foreign insurance company; (b)
the Superintendent of Banks, in the case of
a foreign banking corporation; and (c) the
Foreign corporation doing
business without license
A foreign corporation doing business in
the country without a license can be
sued in Philippine courts by alleging in
the complaint the facts constituting
doing business in the Philippines, not
just an allegation that it is doing
business in the country, otherwise
summons may not be served on it, and
having made such allegations, summons
may then be served on it.
Such foreign corporation may be served
with summons upon any agent or
representative in the Philippines; the
person who executed the service
contract for the foreign corporation; or
its lawyer who acted as its settling
representative; and if no agent can be
found in the Philippines, summons by
publication may be made upon the
principle of liberal construction of the
rules to promote just and determination
of actions.
A foreign corporation not licensed and
not doing business in the country may
be sued on an isolated transaction or
Service upon public corporations

When the defendant is the Republic

of the Philippines, service may be
effected on the Solicitor General; in
case of a province, city or
municipality, or like public
corporations, service may be
effected on its executive head, or on
such other officer or officers as the
law or the court may direct.
Proof of service and publication
The proof of service of a summons shall be
made in writing by the server and shall set
forth the manner, place, and date of
service; shall specify any papers which
have been served with the process and the
name of the person who received the
same; and shall be sworn to when made by
a person other than a sheriff or his deputy.

If the service has been made by

publication, service may be proved by the
affidavit of the printer, his foreman or
principal clerk, or of the editor, business or
advertising manager, to which affidavit a
copy of the publication shall be attached,
and by an affidavit showing the deposit of
a copy of the summons and order for
Voluntary appearance

The defendant's voluntary

appearance in the action shall be
equivalent to service of summons.
It may be by the filing of a pleading,
praying for the grant of reliefs or by
the filing of the answer to the
complaint.
If the pleading challenges the
jurisdiction of the court, it shall not
be deemed as voluntary appearance.