Over-person jurisdiction in certiorari petitions

A petition for certiorari may be raised to the Court of Appeals (CA); such a petition is, by nature, an original and independent action, and therefore, not considered as part of the trial that had resulted in the rendition of the judgment or order complained of.[1] Being an original action, there is a need for the CA to acquire jurisdiction over the person of the parties to the case before it can resolve the same on the merits. Naturally, the CA acquired jurisdiction over the person of a petitioner upon the filing of the certiorari petition. On the other hand, Section 4, Rule 46 of the Rules of Court (Rules), which covers cases originally filed before the CA, provides how the CA is able to acquire jurisdiction over the person of the respondent:

SEC. 4. Jurisdiction over person of respondent, how acquired. — The court shall acquire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdiction. (Emphases and underscoring supplied)
Thus, in petitions for certiorari filed before the CA, the latter acquires jurisdiction over the person of the respondent upon: (a) the service of the order or resolution indicating the CA's initial action on the petition to the respondent; or (b) the voluntary submission of the respondent to the CA's jurisdiction.

[1] Reicon Realty Builders Corporation v. Diamond Dragon Realty and Management, Inc., G.R. No. 204796, February 4, 2015

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