Important principles re service of summons

[1] The three modes of service of summons upon a non-resident must be made outside the Philippines, such as through the Philippine Embassy in a country where defendant resides.

[2] Service of summons on husband is not binding on wife who is a non-resident.

HOWEVER: The lower court had acquired jurisdiction over defendant husband, through service of the summons addressed to him upon his wife, Mrs. Schenker, it appearing from said answer that she is the representative and attorney-in-fact of her husband in the aforementioned civil case, which apparently was filed at her behest, in her representative capacity. (G.R. No. L-18164. January 23, 1967)

[3] Substituted service or extraterritorial service of summons by leave of court on a resident defendant who is temporarily outside of the Philippines is valid. (Rule 14, Sec. 16).

[4] Extraterritorial service of summons is proper only in actions in rem or quasi-in-rem. This is so because in in rem and quasi in rem actions, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court provided that the court acquires jurisdiction over the res.

[5] An in rem action is one against the thing itself instead of against the person.

[6] A quasi in rem action is where individual is named as defendant since the purpose of the proceeding is to subject his interest therein to the obligation or loan burdening the property.[7] Any relief granted in in rem or quasi in rem actions must be confined to the res, and the court cannot lawfully render a personal judgment against the defendant.

[8] Where the action is in personam, such as where the plaintiff seeks to recover damages for the alleged commission of an injury to the person or property of the plaintiff, personal, or if not possible, substituted service of summons, and not extraterritorial service, is necessary to confer jurisdiction upon the person of defendant.

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