The Supreme Court, in Salvador M. Solis v. Marivic Solis-Laynes, clarified that while defective extraterritorial service of summons can initially invalidate court proceedings, a defendant’s voluntary appearance and participation in the case can cure this defect. However, the Court also emphasized that even with voluntary submission to the court’s jurisdiction, the defendant’s right to due process, specifically the opportunity to be heard, must be respected. This means the defendant must be allowed to present evidence and defend their interests, ensuring a fair trial.

From Typo to Title: Can a Defective Summons Derail a Property Claim?

The case revolves around a fishpond in Romblon, originally owned by Spouses Ramon and Marta Solis. After their death, a dispute arose when the tax declaration for the property was altered, leading to Ramon Solis, Jr. (Salvador’s brother) being listed as the owner. Subsequently, the fishpond was registered under the name of Marivic Solis-Laynes, Ramon Jr.’s heir, who obtained a free patent over it. Salvador M. Solis, representing the estate of the original spouses, filed a complaint seeking to nullify the tax declaration, free patent, and original certificate of title, alleging fraud on Marivic’s part. The core issue was whether the extraterritorial service of summons on Marivic, who resided in the USA, was valid, and if not, whether her subsequent actions in court cured the defect.

The Regional Trial Court (RTC) initially ruled in favor of Salvador, nullifying Marivic’s title and ordering the cancellation of the tax declaration. However, the Court of Appeals (CA) reversed this decision, finding that the service of summons on Marivic was defective because although summons by publication was complied with, a copy of the summons and the complaint was not sent to her last known address in the USA. The Supreme Court, while agreeing that the initial service was indeed defective, ultimately took a nuanced stance. The Court highlighted that proper service of summons is crucial for due process, ensuring that a defendant is notified of the action and given an opportunity to be heard.Proper service of summons is important because it serves to acquire jurisdiction over the person of the defendant or respondent, or to notify said person of the action filed against them and to afford an opportunity to be heard on the claims made against them.

In actions quasi in rem, such as this case which involved a property dispute, the Court acknowledged that extraterritorial service is permissible when the defendant is a non-resident. Section 15, Rule 14 of the 1997 Rules of Civil Procedure (now Section 17, Rule 14 of the 2019 Amendments to the 1997 Rules of Civil Procedure) governs such situations, prescribing specific modes of service. This rule states:

Section 15. Extraterritorial service. — 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, service may, by leave of court, be effected out of the Philippines by personal service as under Section 6; or by publication in a newspaper of general circulation in such places and for such time as the court may order, 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, or in any other manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) days after notice, within which the defendant must answer.

The Supreme Court agreed with the Court of Appeals’ finding that the RTC intended extraterritorial service to be carried out through publication and the sending of a copy of the summons. However, the failure to send the summons to Marivic’s correct address in the USA rendered the service defective. The Court was not persuaded by Salvador’s claim of good faith, noting that he was aware of Marivic’s US address, as he even provided it to the RTC.

Despite the defective service, the Supreme Court diverged from the CA’s decision to dismiss the complaint outright. The Court emphasized the principle that a defendant’s voluntary appearance in court can cure defects in the service of summons. Citing established jurisprudence, the Court noted that filing motions seeking affirmative relief, such as a motion for new trial, constitutes voluntary submission to the court’s jurisdiction. Here, Marivic’s filing of a Motion for New Trial, where she questioned the RTC’s jurisdiction but also sought a reversal of the decision and an opportunity to present her evidence, demonstrated her voluntary submission. [O]ne who seeks an affirmative relief is deemed to have submitted to the jurisdiction of the court. It has been held that the filing of motions to admit answer, for additional time to file answer, for reconsideration of a default judgment, and to lift order of default with motion for reconsideration is considered voluntary submission to the trial court’s jurisdiction.

However, the Court clarified that while Marivic’s voluntary submission cured the defect in service, it did not negate her right to due process, particularly the right to be heard. The RTC’s denial of her Motion for New Trial effectively prevented her from presenting her case and defending her interests in the disputed property. Therefore, the Supreme Court held that the RTC should have granted the Motion for New Trial, allowing Marivic to participate in the proceedings. Because Marivic did not know of the case against her because Salvador indicated an incorrect address in the complaint, which address he also utilized in the defective extraterritorial service of summons, she was deprived of the opportunity to be heard. Fraud as a ground for new trial refers to a fraud committed to the unsuccessful party by the opponent preventing the former from fully exhibiting his/her case by keeping him/her away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff.

Ultimately, the Supreme Court affirmed the CA’s decision to nullify the RTC’s judgment but modified the ruling by reinstating the complaint and remanding the case to the RTC for further proceedings. This directive ensures that Marivic is given the opportunity to file a responsive pleading and participate in the trial, thereby fulfilling the requirements of due process and allowing for a fair resolution of the property dispute.

FAQs

What was the key issue in this case?	The central issue was whether a defective extraterritorial service of summons was cured by the defendant’s voluntary appearance and participation in the court proceedings through a Motion for New Trial.
What is extraterritorial service of summons?	Extraterritorial service of summons refers to the process of serving a summons to a defendant who resides outside the Philippines, typically allowed in actions involving property within the Philippines.
What are the modes of extraterritorial service?	The modes include personal service outside the country, publication in a newspaper of general circulation with a copy of the summons sent to the defendant’s last known address, or any other means the court deems sufficient.
What is an action quasi in rem?	An action quasi in rem is a legal proceeding that involves property, where the judgment affects the defendant’s interest in that property, as opposed to a personal judgment against the defendant.
How does voluntary appearance cure defective service?	Voluntary appearance occurs when a defendant takes steps to participate in a case, such as filing motions or pleadings, which acknowledges the court’s jurisdiction over their person, thereby waiving objections to improper service.
What is the significance of due process in this context?	Due process requires that all parties in a legal proceeding are given notice and an opportunity to be heard, ensuring fairness and impartiality in the adjudication of their rights.
What did the Supreme Court ultimately decide?	The Supreme Court ruled that while the initial service was defective, Marivic’s voluntary appearance cured this defect. However, the Court also held that Marivic was deprived of due process when the RTC denied her Motion for New Trial, preventing her from presenting her case.
What was the practical outcome of the Supreme Court’s decision?	The case was remanded to the RTC, allowing Marivic to file a responsive pleading and participate in the trial, ensuring that she has an opportunity to defend her interests in the disputed property.

In conclusion, the Supreme Court’s decision underscores the importance of both proper service of summons and the right to due process in legal proceedings. While defects in service can be cured by voluntary appearance, courts must ensure that all parties have a fair opportunity to present their case and defend their rights. The Court’s emphasis on balancing procedural rules with substantive justice provides valuable guidance for future property disputes and other cases involving extraterritorial service.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Salvador M. Solis v. Marivic Solis-Laynes, G.R. No. 235099, March 29, 2023