Jurisdiction over parties

How is jurisdiction over the plaintiff acquired? Jurisdiction over person of plaintiff is acquired upon filing of complaint or initiatory pleading and paying docket or filing fees;

How is jurisdiction over the defendant acquired? Jurisdiction over person of defendant is acquired upon service on him of coercive process in the manner provided by law (summons) or his voluntary submission to the jurisdiction of the court or tribunal (voluntary appearance).

What is the effect of voluntary appearance? The defendant’s voluntary appearance in the action shall be equivalent to service of summons. Voluntary Appearance = Service of Summons.

However, inclusion in a motion to dismiss on other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. Otherwise put, if the ground for the filing of a motion to dismiss is the lack of jurisdiction of the court, the same cannot be deemed as voluntary appearance.

GENERAL RULE: APPEARANCE IN THE ACTION = VOLUNTARY APPEARANCE (Rule 14, Sec. 20)

NOTE: [1] Filing of a motion for reconsideration and appeal is tantamount to voluntary submission to the jurisdiction of the court.

[2] Any mode of appearance in court by a defendant or his lawyer is equivalent to service of summons, absent any indication that the appearance of counsel was precisely to protest the jurisdiction of the court over the person of defendant. (Delos Santos vs. Montesa)