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    Banco de Brasil v. CA

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    Reymart-Vin Maguliano
    This case discusses whether a trial court validly acquired jurisdiction over a non-resident defendant, Banco do Brasil, through summons by publication. The Supreme Court ruled that summons by publication was invalid to acquire jurisdiction over Banco do Brasil because the action was in personam, seeking to recover damages from Banco do Brasil. For an in personam action against a non-resident defendant, personal service within the country is essential to acquire jurisdiction over the defendant's person. As Banco do Brasil could not be personally served in the Philippines, the trial court did not have jurisdiction to award damages against Banco do Brasil.

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    Banco de Brasil v. CA

    Uploaded by

    Reymart-Vin Maguliano
    223 views1 page
    This case discusses whether a trial court validly acquired jurisdiction over a non-resident defendant, Banco do Brasil, through summons by publication. The Supreme Court ruled that summons by publication was invalid to acquire jurisdiction over Banco do Brasil because the action was in personam, seeking to recover damages from Banco do Brasil. For an in personam action against a non-resident defendant, personal service within the country is essential to acquire jurisdiction over the defendant's person. As Banco do Brasil could not be personally served in the Philippines, the trial court did not have jurisdiction to award damages against Banco do Brasil.

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    This case discusses whether a trial court validly acquired jurisdiction over a non-resident defendant, Banco do Brasil, through summons by publication. The Supreme Court ruled that summons by publication was invalid to acquire jurisdiction over Banco do Brasil because the action was in personam, seeking to recover damages from Banco do Brasil. For an in personam action against a non-resident defendant, personal service within the country is essential to acquire jurisdiction over the defendant's person. As Banco do Brasil could not be personally served in the Philippines, the trial court did not have jurisdiction to award damages against Banco do Brasil.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    223 views1 page

    Banco de Brasil v. CA

    Uploaded by

    Reymart-Vin Maguliano
    This case discusses whether a trial court validly acquired jurisdiction over a non-resident defendant, Banco do Brasil, through summons by publication. The Supreme Court ruled that summons by publication was invalid to acquire jurisdiction over Banco do Brasil because the action was in personam, seeking to recover damages from Banco do Brasil. For an in personam action against a non-resident defendant, personal service within the country is essential to acquire jurisdiction over the defendant's person. As Banco do Brasil could not be personally served in the Philippines, the trial court did not have jurisdiction to award damages against Banco do Brasil.

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    © All Rights Reserved
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    of 1

    G.R. Nos. 121576-78               June 16, 2000 Court.

    Court. Under this provision, there are only four (4) instances when extraterritorial service
    of summons is proper, namely: "(1) when the action affects the personal status of the
    BANCO DO BRASIL, petitioner,  plaintiffs; (2) when the action relates to, or the subject of which is property, within the
    vs. Philippines, in which the defendant claims a lien or interest, actual or contingent; (3) when
    THE COURT OF APPEALS, HON. ARSENIO M. GONONG, and CESAR S. the relief demanded in such action consists, wholly or in part, in excluding the defendant
    URBINO, SR., respondents. from any interest in property located in the Philippines; and (4) when the defendant non-
    resident's property has been attached within the Philippines." 54 In these instances, service
    FACTS: of summons may be effected by (a) personal service out of the country, with leave of court;
    (b) publication, also with leave of court; or (c) any other manner the court may deem
    sufficient. 55
    To enforce its preferred salvor's lien, Duraproof Services represented by its General
    Manger Urbino filed a Petition for Certiorari, Prohibition and Mandamus assailing the
    actions of Commissioner Mison and District Collector Sy. Banco Du Brasil, a non-resident However, where the action is in personam, one brought against a person on the basis of his
    entity, was impleaded as one of the defendants. personal liability, jurisdiction over the person of the defendant is necessary for the court to
    validly try and decide the case. When the defendant is a non-resident, personal service of
    summons within the state is essential to the acquisition of jurisdiction over the
    Upon motion of Urbino, the trial court allowed summons by publication to be served upon person. 57 This cannot be done, however, if the defendant is not physically present in the
    defendants who were not residents and had no direct representative in the country. country, and thus, the court cannot acquire jurisdiction over his person and therefore cannot
    validly try and decide the case against him. 58
    After due hearing, the trial court rendered decision directing, among others, Banco du
    Brasil to pay P300,00.00 damages to Duraproof Services. It must be stressed that any relief granted in rem or quasi in rem actions must be confined
    to the res, and the court cannot lawfully render a personal judgment against the
    Banco do Brasil filed, by special appearance, an Urgent Motion to Vacate Judgement and defendant. 61 Clearly, the publication of summons effected by private respondent is invalid
    to Dismiss Case  on the ground that Decision of the trial court is void with respect to it for and ineffective for the trial court to acquire jurisdiction over the person of petitioner, since
    having been rendered without validly acquiring jurisdiction over the person of Banco do by seeking to recover damages from petitioner for the alleged commission of an injury to
    Brasil. his person or property 62 caused by petitioner's being a nuisance defendant, private
    respondent's action became in personam. Bearing in mind the in personam nature of the
    The trial court granted Banco du Brasil’s motion and set aside aside its earlier decision for action, personal or, if not possible, substituted service of summons on petitioner, and not
    having been rendered without jurisdiction over Banco do Brasil's person. extraterritorial service, is necessary to confer jurisdiction over the person of petitioner and
    validly hold it liable to private respondent for damages. Thus, the trial court had no
    In a petition by Urbino, the assailed Order of the RTC was reinstated and giving way to the jurisdiction to award damages amounting to $300,000.00 in favor of private respondent and
    entire decision. as against herein petitioner.

    ISSUE:

    WON the jurisdiction over the person of Banco du Brasil was validly acquired by the trial
    court through summon by publication.

    HELD:

    NO.

    First. When the defendant is a nonresident and he is not found in the country, summons
    may be served extraterritorially in accordance with Rule 14, Section 17 53 of the Rules of

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