Bobby Frias VS Rolando Alcayde

BOBBY FRIAS VS ROLANDO ALCAYDE
GR NO. 194262, FEB 28,2918
DOCTRINE:"Due process dictates that jurisdiction over the person of a defendant can only be
acquired by the courts after a strict compliance with the rules on the proper service of
summons.
FACTS:
Bobie Frias (petitoner), lessor and Rolando Alcayde(respondent), lessee entered into a
contract of lease involving a residential house and lot . Alcayde, however, refused to perform
his contractual obligations. This prompted Frias to file a complaint for Unlawful Detainer with
the MeTC. The process server tried to personally serve the summons to Alcayde but to no avail.
Through substituted service, summons was served upon Alcayde’s caretaker.
The MeTC rendered a decision in favor of frias and ordered Alcayde to vacate the premises.
Alcayde filed a petition For Annulment of Judgment with a Prayer fpr Issuance of TRO and/or
Injunction with the RTC and averred that the decision of the MeTC does not bind him since the
court did not acquire jurisdiction over his person.
A copy of the petition for annulment was allegedly served to Frias. Based on the Officer’s
Return, Sheriff cause the “service of a Notice of Raffle and Summons” together with a copy of
the complaints and its annexes to Frias through Sally Gonzalaes, the Secretary of Frias’ legal
Counsel, ATTY. Daniel Frias.
Frias through her representative, Ms Fujita filed a Preliminary submission to Dismiss
Petition- Special Appearance raising jurisditional Issues on the ground of lack of jurisdiction
over her person. She contended that the defect in the service of summons either personally or
through substituted service is apparent since it did not indicate the impossibility of personal
service and efforts exerted by Sheriff Tolentino to locate the petitioner.
ISSUE:
1. Whether the RTC acquires jurisdiction over hte person of the petitioner
2. Whether special appearance to question the court’s jurisdiction is considered voluntary
appearance
3. Whether the petition for annulment of judgment was the proper remedy
RULING:
1. NO. There was neither a valid service of summons in person nor a valid substituted service of
summons over the person of the petitioner
2.
At any rate, regardless of the type of action – whether it is in personam, in rem or quasi in rem
– the proper service of summons is imperative.
Where the action is in personam and the defendant is in the Philippines, as in this case, the
service of summons may be done by personal or substituted service as laid out in Sections
6 and 7of Rule 14. Indeed, the preferred mode of service of summons is personal service.To
warrant the substituted service of the summons and copy of the complaint, (or, as in this case,
the petition for annulment of judgment), the serving officer must first attempt to effect the
same upon the defendant in person. Only after the attempt at personal service has become
impossible within a reasonable time may the officer resort to substituted service.
This Court explained the nature and enumerated the requisites of substituted service in
Manotoc v. Court of Appeals, et al., which We summarize and paraphrase below:
(1) Impossibility of Prompt Personal Service -

The party relying on substituted service or the sheriff must show that defendant cannot be
served promptly or there is impossibility of prompt service.
For substituted service of summons to be available, there must be several attempts by the
sheriff to personally serve the summons within a reasonable period of one (1) month which
eventually resulted in failure to prove impossibility of prompt service. "Several attempts"
means at least three (3) tries, preferably on at least two (2) different dates. In addition, the
sheriff must cite why such efforts were unsuccessful. It is only then that impossibility of service
can be confirmed or accepted.
(2) Specific Details in the Return

The sheriff must describe in the Return of Summons the facts and circumstances surrounding
the attempted personal service. The efforts made to find the defendant and the reasons behind
the failure must be clearly narrated in detail in the Return. The date and time of the attempts
on personal service, the inquiries made to locate the defendant, the names of the occupants of
the alleged residence or house of defendant and all other acts done, though futile, to serve the
summons on defendant must be specified in the Return to justify substituted service.
(3) A Person of Suitable Age and Discretion –
If the substituted service will be effected at defendant's house or residence, it should be left with
a person of "suitable age and discretion then residing therein." A person of suitable age and
discretion is one who has attained the age of full legal capacity (18 years old) and is considered
to have enough discernment to understand the importance of a summons. "Discretion" is
defined as "the ability to make decisions which represent a responsible choice and for which an
understanding of what is lawful, right or wise may be presupposed." Thus, to be of sufficient
discretion, such person must know how to read and understand English to comprehend the
import of the summons, and fully realize the need to deliver the summons and complaint to the
defendant at the earliest possible time for the person to take appropriate action. Thus, the
person must have the "relation of confidence" to the defendant, ensuring that the latter would
receive or at least be notified of the receipt of the summons. The sheriff must therefore
determine if the person found in the alleged dwelling or residence of defendant is of legal age,
what the recipient's relationship with the defendant is, and whether said person comprehends
the significance of the receipt of the summons and his duty to immediately deliver it to the
defendant or at least notify the defendant of said receipt of summons. These matters must be
clearly and specifically described in the Return of Summons.
(4) A Competent Person in Charge -

If the substituted service will be done at defendant's office or regular place of business, then it
should be served on a competent person in charge of the place. Thus, the person on whom the
substituted service will be made must be the one managing the office or business of defendant,
such as the president or manager; and such individual must have sufficient knowledge to
understand the obligation of the defendant in the summons, its importance, and the prejudicial
effects arising from inaction on the summons. Again, these details must be contained in the
Return.
3. NO. Special appearance to question a court’s jurisdiction is tempered by the concept of

conditional appearance, cannot be considered to have submitted to its authority. Special
appearance operates as an exception to the general rule on voluntary appearance
(NOTE: AMENDED NA TO SA AM 19-10-20 UNDER SECTION 23 RULE 14)
4. YES. Petition for Annulment of judgment is an improper remedy.

In any event, respondent's petition to annul the MeTC's July 26, 2006 judgment cannot prosper
for being the wrong remedy.
A principle almost repeated to satiety is that an action for annulment of judgment cannot and is
not a substitute for the lost remedy of appeal. Its obvious rationale is to prevent the party from
benefiting from his inaction or negligence.
In this case, it is evident that respondent failed to interpose an appeal, let alone a motion for
new trial or a petition for relief from the MeTC July 26, 2006 Decision rendering the same final
and executory. Hence, the October 30, 2007 Order granting its execution was properly issued.
It is doctrinal that when a decision has acquired finality, the same becomes immutable and
unalterable. By this principle of immutability of judgments, the RTC is now precluded from
further examining the MeTC Decision and to further dwell on petitioner's perceived errors
therein, i.e., that petitioners' complaint has no cause of action for failure to make a prior
demand to pay and to vacate; and, that petitioner failed to refer the case before the barangay.

Bobby Frias VS Rolando Alcayde

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What was the nature of the dispute between Bobie Frias and Rolando Alcayde?

What are the requisites of a valid substituted service of summons according to the court?

BOBBY FRIAS VS ROLANDO ALCAYDE

GR NO. 194262, FEB 28,2918

(1) Impossibility of Prompt Personal Service -

(2) Specific Details in the Return

(4) A Competent Person in Charge -

3. NO. Special appearance to question a court’s jurisdiction is tempered by the concept of

4. YES. Petition for Annulment of judgment is an improper remedy.

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