[CivPro] | [Summons-Extraterritorial service and residents temporarily out 1

of the country]
[jmcd]

Cariaga, Jr. et al., v Malaya et al.

[GR NO. L-48375] | [13 Aug 1986] | [Paras, J.]
Petitioners: Jose Cariaga, J.r and Marieta Cariaga
Respondents: Hon. Antonio Malaya, Carolina Almonte Cariaga-Soon and Ana Almonte
Cariaga

CASE SUMMARY Private respondents filed real actions in CFI Laguna. They filed a
motion for leave of court to effect extraterritorial service of summons as the
petitioners were both residing abroad. Accordingly, summonses were served by
registered mail. Petitioners are now contesting the validity of the summons, averring
that the service was irregular and unauthorized under Rule 14. Lower court denied
their motion hence, this petition for certiorari before the Supreme Court. Petitioners
claim that the summons should have been coupled with publication in order to be
proper. The Court eventually ruled that the summonses was valid, citing Sec 17 which
provides that extraterritorial service of summons is proper (1) when the action affects
the personal status of the plaintiff; (2) when the action 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; (3) when the relief demanded in such an action
consists, wholly or in part, in excluding the defendant from any interest in property
located in the Philippines; and (4) when defendant non-resident's property has been
attached within the Philippines. In any of the cases, the service of summons may, with
leave of court, be effected out of the Philippines in three ways: (1) by personal
service; (2) 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 should be sent by registered mail to the last known address of the
defendant; (3) in any other manner which the court may deem sufficient. The third
mode of extraterritorial service of summons was substantially complied with. Due
process requirement has been met considering petitioners had received the summons
and copies of the complaint. Petition for certiorari dismissed.

FACTS
Private respondents Ana Almonte Cariaga Soon filed in her behalf and in behalf
of her minor daughter Carolina real actions in CFI Laguna
(1) Annulment of a Deed of Extra-Judicial Partition of Real Property
(2) Cancellation of Transfer Certificate of Title
(3) Recovery of Real Property with damages
Petitioners were not served with summons as they were both residing abroad.
Private respondents filed a motion for leave of court to effect
extraterritorial service of summons pursuant to Secs 7, 17 and 18 of
Rule 14.
Accordingly, summons were served to the petitioners by registered
mail abroad.
(Aug 30, 1977) Petitioners who are residents of the Philippines filed a motion to
set aside the said summons and to declare such service abroad by registered
mail as null and void, being allegedly irregular and unauthorized under the
provisions of Rule 14 to which motion private respondents filed their opposition.
 The lower court denied petitioners motion to set aside, stating that there was
substantial compliance with Sec 17 in relation to Sec 7 of Rule 14 in the service
of summons.
(March 31, 1978) Petitioners, residing abroad, by special appearance, filed their
motion to consider the service of summons upon them by registered mail as null
and void, which was denied by the lower court.

PROCEDURE SUMMARY

Action (Petition for review, appeal Decision (RTC: petition denied)

of CA decision etc.)
Action filed in CFI Laguna, by private
respondents
Motion for leave of court to effect Summons served accordingly
extraterritorial service of summons
Motion to set aside summons CFI: denied.
Motion to consider the service null and CFI: denied.
void
Petition for certiorari SC: dismissed.

ISSUE AND RATIO

1. WON the service of summons is valid YES
a. Petitioners aver that the service of summons was null and void because
service of summons by registered mail, it must be coupled with
publication in a newspaper of general circulation, which was lacking in the
case.
b. Under Sec 17, extraterritorial service of summons is proper:
(1) when the action affects the personal status of the
plaintiff
(2) when the action 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
(3) when the relief demanded in such an action consists,
wholly or in part, in excluding the defendant from any interest in
property located in the Philippines
(4) when defendant non-residents property has been
attached within the Philippines
c. In any of the cases, the service of summons may, with leave of
court, be effected out of the Philippines in three ways: (1) by
personal service; (2) 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
should be sent by registered mail to the last known address of
the defendant; (3) in any other manner which the court may deem
sufficient. The third mode of extraterritorial service of summons was
substantially complied with.
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d. Defendants had received the summonses and copies of the complaint.

Due process requirement has been met and whatever defect there may
have been was corrected by the court in its order, giving the defendants
90 days to file their pleadings.

DECISION
Petition dismissed.

APPENDIX
DIGESTERS NOTES / TABLES/ ILLUSTRATIONS

Sec. 7. Personal service of summons. The summons shall be served by handing a copy thereof
to the defendant in person, or if he refuses to receive it, by tendering it to him.

Sec. 22. Proof of service by registered mail-service by registered mail under this rule may be
proved by a certificate of the sheriff or affidavit of the person especially authorized by the
court, showing that a copy of the summons and papers attached thereto, inclosed in an
envelope and addressed to the defendant, with postage prepaid, has been mailed, to which
certificate or affidavit the registry receipt and return card shall be attached.