COL CASES activities or to other activities of the corporation within

the state.
1. Perkins v. Benguet Consol. Mining Co. 342
U.S. 437, 72 S. Ct. 413 (1952) CONCLUSION:

FACTS: The U.S. Supreme Court held that the company's

continuous and systematic in-state activities, including
A nonresident of Ohio filed suit against several directors' meetings, business correspondence, banking
respondents, including an incorporated foreign mining stock transfers, and payment of salaries, were enough
company. The mining company had been carrying on a to make it fair and reasonable to subject the company
limited but continuous and systematic part of its to proceedings in personam, at least insofar as the
general business in the state. The foreign company filed proceedings sought to enforce causes of action related
a motion to quash on the ground that the petitioner's to those very activities or to other activities within the
cause of action did not arise in Ohio and did not relate state. As such, it did not violate federal due process for
to the company's activities there. The Supreme Court of Ohio to either take or decline jurisdiction of the
Ohio sustained the foreign company's motion to quash. company.
ISSUE:

Can the Due Process Clause precluded Ohio from 2. Pennhurst State School & Hospital v.
subjecting a foreign corporation to the jurisdiction of its Halderman 465 US 89
courts in an action in personam?
Brief Fact Summary. The Respondents, Halderman and
ANSWER: No. others (Respondents), filed suit against the Petitioners,
RULE: the Pennhust State School and Hospital and its officials
(Petitioners), charging conditions at the hospital violate
The amount and kind of activities which must be carried class member’s rights. The Petitioners argued before
on by the foreign corporation in the state of the forum the Supreme Court of the United States (Supreme
so as to make it reasonable and just to subject the Court) that the Eleventh Amendment of the United
corporation to the jurisdiction of that state are to be States Constitution (Constitution) prohibited the District
determined in each case. The corporate activities of a Court from ordering state official to conform their
foreign corporation which, under state statute, make it conduct to state law.
necessary for it to secure a license and to designate a
statutory agent upon whom process may be served Synopsis of Rule of Law. A federal court’s grant of relief
provide a helpful but not a conclusive test. For example, against state officials on the basis of state law, whether,
the state of the forum may by statute require a foreign prospective or retroactive directly interferes with the
mining corporation to secure a license in order lawfully principles of federalism that underlie the Eleventh
to carry on there such functional intrastate operations Amendment of the Constitution.
as those of mining or refining ore. On the other hand, if Facts. This case is before the Supreme Court for a
the same corporation carries on, in that state, other second time to determine whether a federal court can
continuous and systematic corporate activities as it did grant relief against state officials based on state law.
here -- consisting of directors' meetings, business The case concerns the condition of care at Petitioners’
correspondence, banking, stock transfers, payment of institution for the mentally retarded. The Respondents’
salaries, purchasing of machinery, etc. -- those activities amended complaint charged that the Petitioners
are enough to make it fair and reasonable to subject violated class member’s rights under (i) the Eighth and
that corporation to proceedings in personam in that Fourteenth Amendments of the Constitution, (ii)
state, at least insofar as the proceedings in personam Section:504 of the Rehabilitation Act of 1973, (iii) the
seek to enforce causes of action relating to those very Developmentally Disabled Assistance and Bill of Rights
Act and (iv) the Pennsylvania Mental Health and Mental official’s future conduct, but may not award retroactive
Retardation Act of 1966. The Court of Appeals for the monetary relief. It is not the jurisdiction of federal
Third Circuit decided that the Respondents had a right courts to award relief against a state official based on
to rehabilitation in the least restrictive environment, state law.
based solely on the bill of rights provision in the
3. Saudi Arabian Airlines v. CA
Developmentally Disabled Assistance and Bill of Rights
Act. The Supreme Court of the United States (Supreme GR NO. 122191, OCT. 8, 1998
Court) reversed the judgment of the Court of Appeals Facts:
finding that the Developmentally Disabled Assistance
and Bill of Rights Act did not create any substantive Saudi Arabian Airlines (SAUDIA) hired Milagros Morada
rights and remanded the case back to the Court of as a Flight Attendant for its airlines based in Jeddah,
Appeals to determine if the remedial order could be Saudi Arabia. While on a lay-over in Jakarta, Morada,
supported by any of the Respondents’ other arguments. she went to a disco with fellow crew members, Thamer
The Court of Appeals concluded that state law & Allah, both Saudi nationals. Because it was almost
supported its prior judgment and also rejected the morning when they returned to their hotels, they
Petitioners’ argument that the Eleventh Amendment agreed to have breakfast together at the room of
barred the federal court from considering the pendent Thamer in which Allah left on some pretext. Thamer
state law claim. The case goes before the Supreme attempted to rape Morada but she was rescued by
Court to consider the Petitioners’ position. hotel personnel when they heard her cries for help.
Indonesian police came and arrested Thamer and Allah,
Issue. Whether a federal court has jurisdiction to award the latter as an accomplice.
injunctive relief against state officials on the basis of
state law? Morada refused to cooperate when SAUDIA’s Legal
Officer and its base manager tried to negotiate the
immediate release of the detained crew members with
Jakarta police.
Held. Federal Courts lack jurisdiction to enjoin
Petitioners’ actions on the basis of state law. Reversed Through the intercession of Saudi Arabian government,
and remanded. Thamer and Allah were deported and, eventually, again
Dissent. The majority decision goes against established put in service by SAUDIA. But Morada was transferred
to Manila.
precedence by the Supreme Court, stating a federal
court can award injunctive relief on the basis of state One year and a half year later, Morada was again
law. This new pronouncement will require federal ordered to see SAUDIA’s Chief Legal Officer. Instead,
courts to decide federal constitutional questions despite she was brought to a Saudi court where she was asked
the availability of state-law grounds for decision. to sign a blank document, which turned out to be a
Discussion. The Eleventh Amendment of the notice to her to appear in court. Monada returned to
Manila.
Constitution prohibits a state from being sued in federal
courts by her own citizens, as well as by citizens of The next time she was escorted by SAUDIA’s legal
another state. The Eleventh Amendment bars a suit officer to court, the judge rendered a decision against
against state officials when the state is a real, her sentencing her to five months imprisonment and to
substantial party in interest. An exception to the rule 286 lashes. Apparently, she was tried by the court
against suing state officials is when the suit is which found her guilty of (1) adultery; (2) going to a
challenging the constitutionality of state official’s disco, dancing and listening to the music in violation of
actions. When bringing suit in a federal court for a state Islamic laws; and (3) socializing with the male crew, in
official’s actions based on violation of federal law, a contravention of Islamic tradition.
court can impose an injunction that governs the
After denial by SAUDIA, Morada sought help from personally served to Helen Schenker but not to Paul
Philippine Embassy during the appeal. Prince of Makkah Schenker. Helen then filed ananswer with a
dismissed the case against her. SAUDIA fired her counterclaim, but Paul Schenker filed a motion to
without notice. dismiss arguing that the court never
acquiredjurisdiction over his person since admittedly,
Morada filed a complaint for damages against SAUDIA, he is a Swiss citizen, residing in Zurich, Switzerland, and
with the RTC of QC. SAUDIA filed Omnibus Motion to has notbeen actually served with summons in the
Dismiss which raised the ground that the court has no Philippines.
jurisdiction, among others which was denied
Issue: Whether or not the court acquired jurisdiction
ISSUE: Whether RTC of QC has jurisdiction to hear and over the person of Paul Schenker.
try the case
Ruling: Yes, although as a rule, when the defendant is a
HELD: YES. The RTC of QC has jurisdiction and Philippine non-resident and in anaccion inpersonam,jurisdiction
law should govern.Its jurisdiction has basis on Sec. 1 of over the person of the defendant can be acquired only
RA 7691 and Rules of Court on venue. Pragmatic through voluntaryappearance or personal service of
considerations, including the convenience of the summons. But this case is an exception to the said rule.
parties, also weigh heavily in favor of the RTC QC The Supremeratiocinated:“We hold that the lower court
assuming jurisdiction. Paramount is the private interest had acquired jurisdiction over said defendant, through
of the litigant. Weighing the relative claims of the service of the summonsaddressed to him upon Mrs.
parties, the court a quo found it best to hear the case in Schenker, it appearing from said answer that she is the
the Philippines. Had it refused to take cognizance of the representative andattorney-in-fact of her husband
case, it would be forcing Morada to seek remedial aforementioned civil case No. Q-2796, which apparently
action elsewhere, i.e. in the Kingdom of Saudi Arabia was filed at herbehest, in her aforementioned
where she no longer maintains substantial connections. representative capacity. In other words, Mrs. Schenker
That would have caused a fundamental unfairness to had authority to sue,and had actually sued on behalf of
her. her husband, so that she was, also, empowered to
By filing a complaint, Morada has voluntarily submitted represent him in suitsfiled against him, particularly in a
to the jurisdiction of the court. By filing several motions case, like the of the one at bar, which is consequence of
and praying for reliefs (such as dismissal), SAUDIA has the action broughtbyheronhisbehalf.”Briefly, in
effectively submitted to the trial court’s jurisdiction. anaccion in personamwhere the defendant is a non-
resident, substituted service of summons doesnot
4. William Gemperle v. Helen Schenker, gr no. l- apply. However, by way of exception, substituted
18164, jan. 23, 1967 service of summons may be effected, if the following
requisites are present:1. The summons is served to the
Facts:This case was the result of William Gemperle’s
spouse of the defendant2. The spouse must be residing
retaliatory act when respondent spouses Paul andHelen
in the Philippines3. The spouse is appointed as attorney-
Schenker filed a case against him for the enforcement
in-fact of the spouse defendant in a previous case
of Schenker's allegedly initial subscription to theshares
involving the non-resident spouse
of stock of the Philippines-Swiss Trading Co., Inc. and
the exercise of his alleged pre-emptive rights tothe then
unissued original capital stock of said corporation and 5. Idonah Perkins v. Roxas gr no. 4751, june 19,
the increase thereof, as well as for anaccounting and 1941
damages. Petitioner alleged that the said complaint
tainted his name as a businessman. Hethen filed a FACTS:July 5, 1938, respondent Eugene Perkins filed
complaint for damages and prays for the retraction of a complaint in the CFI- Manila against the Benguet
statements made by Helen Schenker.Summons was Consolidated Mining Company for the recovery of a
sum consisting of dividends which have been
declared and made payable on shares of stock Eugene Perkins alleged calls for the adjudication of
registered in his name, payment of which was being title to certain shares of stock of the Benguet
withheld by the company, and for the recognitionof Consolidated Mining Company and the granting of
his right to the control and disposal of said shares to affirmative reliefs, which fall within the general
the exclusion of all others. The company alleged, by jurisdiction of the CFI- Manila. Similarly CFI- Manila
way of defense that the withholding of plaintiff’s is empowered to adjudicate the several demands
right to the disposal and control of the shares was contained in petitioner’s crosscomplaint.Idonah
due to certain demands made with respect to said Perkins in her crosscomplaint brought suit against
shares by the petitioner Idonah Perkins, and by one Eugene Perkins and the Benguet Consolidated
Engelhard.Eugene Perkins included in his modified Mining Company upon the alleged judgment of the
complaint as parties defendants petitioner, Idonah SC of the State of New York and asked the court
Perkins, and Engelhard. Eugene Perkins prayed that below to render judgment enforcing that New York
petitioner Idonah Perkins and H. Engelhard be judgment, and to issue execution thereon. This is a
adjudged without interest in the shares of stock in form of action recognized by section 309 of the
question and excluded from any claim they assert Code of Civil Procedure (now section 47, Rule 39,
thereon. Summons by publication were served Rules of Court) and which falls within the general
upon the nonresident defendants Idonah Perkins jurisdiction of the CFI- Manila, to adjudicate, settle
and Engelhard. Engelhard filed his answer. and determine.The petitioner expresses the fear
Petitioner filed her answer with a crosscomplaint in that the respondent judge may render judgment
which she sets up a judgment allegedly obtained by “annulling the final, subsisting, validjudgment
her against respondent Eugene Perkins, from the SC rendered and entered in this petitioner’s favor by
of the State of New York, wherein it is declared that the courts of the State of New York, which decision
she is the sole legal owner and entitled to the is res judicata on all the questions constituting the
possession and control of the shares of stock in subject matter of civil case” and argues on the
question with all the cash dividends declared assumption that the respondent judge is without
thereon by the Benguet Consolidated Mining jurisdiction to take cognizance of the cause.
Company.Idonah Perkins filed a demurrer thereto Whether or not the respondent judge in the course
on the ground that “the court has no jurisdiction of of the proceedings will give validity and efficacy to
the subject of the action,” because the alleged the New York judgment set up by the petitioner in
judgment of the SC of the State of New York is res her cross-complaint is a question that goes to the
judicata. Petitioner’s demurrer was overruled,thus merits of the controversy and relates to the rights
this petition. of the parties as between each other, and not to the
jurisdiction or power of the court. The test of
ISSUE:WON in view of the alleged judgment entered jurisdiction is whether or not the tribunal has power
in favor of the petitioner by the SC of New York and to enter upon the inquiry, not whether its
which is claimed by her to be res judicata on all conclusion in the course of it is right or wrong. If its
questions raised by the respondent, Eugene Perkins, decision is erroneous, its judgment can be reversed
the local court has jurisdiction over the subject on appeal; but its determination of the question,
matter of the action. which the petitioner here anticipates and seeks to
RULING:By jurisdiction over the subject matter is prevent, is the exercise by that court and the
meant the nature of the cause of action and of the rightful exercise of its jurisdiction.Petition denied.
relief sought, and this is conferred by the sovereign 6. Adong vs. Cheong Seng Gee
authority which organizes the court, and is to be
sought for in general nature of its powers,or in Facts: Cheong Boo, a native of China, died intestate in
authority specially conferred. In the present case, Zamboanga, Philippine Islands, on August 5, 1919. He
the amended complaint filed by the respondent, left property worth nearly P100,000. The estate of the
deceased was claimed, on the one hand, by Cheong Mohammedans or pagans, when such action is deemed
Seng Gee, who alleged that he was a legitimate child by wise, may modify the application of the law of the
a marriage... contracted by Cheong Boo with Tan Dit in Philippine Islands, except laws of the United States
China in 1895. The estate was claimed, on the other applicable to the Philippine Islands, taking into account
hand, by the Mora Adong who alleged that she had local laws and customs.
been lawfully married to Cheong Boo in 1896 in Basilan,
Philippine Islands, and her daughters, Payang, married The basis of human society throughout the civilized
world is that of marriage. Marriage in this jurisdiction is
to Cheng Bian Chay, and Rosalia Cheong Boo,
unmarried. not only a civil contract, but it is a new relation, an
institution in the maintenance of which the public is
the trial judge reached the conclusion that the marriage deeply interested. Consequently, every intendment of...
between the Mora Adong and the deceased had been the law leans toward legalizing matrimony. Persons
adequately proved but that under the laws of the dwelling together in apparent matrimony are
Philippine Islands it could not be held to be a lawful presumed, in the absence of any counter-presumption
marriage; or evidence special to the case, to be in fact married.
The reason is that such is the common order of society,
Cheong Boo then left China for the Philippine ;lands and and if the parties... were not what they thus hold
sometime thereafter took to himself a... concubine themselves out as being, they would be living in the
Mora by whom he had two children constant violation of decency and of law. A presumption
Issues:Validity of the Mohammedan Marriage established by our Code of Civil Procedure is "that a
man and woman deporting themselves as husband and
Ruling: wife have entered into a lawful... contract of marriage.

Principles: Public policy should aid acts intended to validate

marriages and should retard acts intended to invalidate
"The inhabitants of the territories... over which Spain
marriages.
relinquishes or cedes her sovereignty shall be secured in
the free exercise of their religion." 7. RAYTHEON INTERNATIONAL, INC., v.
STOCKTON W. ROUZIE, JR., G.R. NO. 162894
"that no law shall... be made respecting an
February 26, 2008
establishment of religion or prohibiting the free exercise
thereof, and that the free exercise and enjoyment of Facts:
religious profession and worship, without discrimination
ox preference, shall forever be allowed. Brand Marine Services, Inc. (BMSI), a foreign
corporation duly organized and existing under the laws
no minister of religion shall be interfered with or of the State of Connecticut, and respondent Stockton
molested in following his calling, and that the W. Rouzie, Jr., an American citizen, entered into a
separation between state and church shall be real, contract whereby BMSI hired respondent as its
entire, and... absolute. representative to negotiate the sale of services in
several government projects in the Philippines for an
agreed remuneration of 10% of the gross receipts.
"with all... solemnity to the Sultan and other inhabitants Then, respondent secured a service contract with the
of Sulu the free exercise of their religions with which it Republic of the Philippines on behalf of BMSI.
will not interfere in the slightest way, and it will also
After 4 years, respondent filed before the Arbitration
respect their customs."
branch of the NLRC a suit against BMSI and Rust
"Judges of the Court of First Instance and justices of the International, Inc. (RUST) for alleged nonpayment of
peace deciding civil cases in which the parties are commissions, illegal termination and breach of
employment contract. Labor Arbiter rendered judgment Under the doctrine of forum non conveniens, a court, in
ordering BMSI and RUST to pay respondent’s money conflicts-of-laws cases, may refuse impositions on its
claims. Upon appeal by BMSI, the NLRC reversed the jurisdiction where it is not the most “convenient” or
decision of the Labor Arbiter and dismissed available forum and the parties are not precluded from
respondent’s complaint on the ground of lack of seeking remedies elsewhere. Petitioner averred foreign
jurisdiction. Respondent elevated the case to the SC but elements present in this case which include (1) BRII and
was dismissed. RUST are foreign corporations and respondent Rouzie is
an American citizen, and (2) The evidence to be
presented is located outside the Philippines. The Court
After that, respondent, then a resident of La Union, held that these are not sufficient to oust the trial court
instituted an action for damages before the RTC of La of its jurisdiction over the case and the parties involved.
Union. The Complaint named as defendants here in 8. AUGUSTO BENEDICTO SANTOS III vs.
petitioner as well as BMSI and RUST, the two NORTHWEST ORIENT AIRLINES
corporations impleaded in the earlier labor case. The G.R. No. 101538 June 23, 1992
complaint essentially reiterated the allegations in the
labor case that respondent was not paid for his services. FACTS
The complaint also averred that BMSI and RUST as well
as petitioner itself had combined and functioned as one The petitioner is a minor and a resident of the
Philippines. Private respondent Northwest Orient
company.
Airlines (NOA) is a foreign corporation withprincipal
In its Answer, petitioner alleged that contrary to office in Minnesota, U.S.A. and licensed to do business
respondent’s claim, it was a foreign corporation duly and maintain a branch office in the Philippines.On
licensed to do business in the Philippines and denied October 21, 1986, the petitioner purchased from NOA a
entering into any arrangement with respondent or round-trip ticket in San Francisco. U.S.A., for his flight
paying the latter any sum of money. Petitioner also from San Francisco to Manila viaTokyo and back. The
referred to the NLRC decision which disclosed that per scheduled departure date from Tokyo was December
the written agreement between respondent and BMSI 20, 1986. No date was specified for his return to San
and RUST, denominated as “Special Sales Francisco.On December 19, 1986, the petitioner
Representative Agreement,” the rights and obligations checked in at the NOA counter in the San Francisco
of the parties shall be governed by the laws of the State airport for his scheduled departure to Manila. Despite
of Connecticut. Petitioner sought the dismissal of the aprevious confirmation and re-confirmation, he was
complaint on grounds of failure to state a cause of informed that he had no reservation for his flight from
action and forum non conveniens. It was denied. Tokyo to Manila. He therefore had to bewait-listed.On
March 12, 1987, the petitioner sued NOA for damages
Issue: in the RTC of Makati. On April 13, 1987, NOA moved to
Whether or not the Philippine court can acquire dismiss the complaint on theground of lack of
jurisdiction over the case notwithstanding the jurisdiction, citing Article 28(1) of the Warsaw
stipulation that the same shall be governed by a foreign Convention, reading as follows:Art. 28. (1) An action for
law. damage must be brought at the option of the plaintiff,
in the territory of one of the High Contracting Parties,
Held: either beforethe court of the domicile of the carrier or
of his principal place of business, or where he has a
Yes. That the subject contract included a stipulation that
place of business through which the contract hasbeen
the same shall be governed by the laws of the State of
made, or before the court at the place of
Connecticut does not suggest that the Philippine courts,
destination.The private respondent contended that the
or any other foreign tribunal for that matter, are
Philippines was not its domicile nor was this its principal
precluded from hearing the civil action.
place of business. Neither was the petitioner’s ticket default was rendered. The decision was likewise
issued in this country nor was his destination Manila but published and afterwards sale by public auction was
San Francisco in the United States.Lower court granted held with the bank as the highest bidder. On August 7,
the dismissal, CA affirmed. 1908, this sale was confirmed by the court. However,
about seven years after the confirmation of this sale, a
ISSUE: WON the Philippines has jurisdiction over the motion was made by Vicente Palanca, as administrator
case. (Issue raised by the party is WON the provision of of the estate of the original defendant, wherein the
the Warsaw convention wasconstitutional) applicant requested the court to set aside the order of
HELD: No jurisdiction (the provision is default and the judgment, and to vacate all the
constitutional)The Convention is a treaty commitment proceedings subsequent thereto. The basis of this
voluntarily assumed by the Philippine government and, application was that the order of default and the
as such, has the force and effect of law in this country. judgment rendered thereon were void because the
The petitioner’s allegations are not convincing enough court had never acquired jurisdiction over the
to overcome this presumption. Apparently, the defendant or over the subject of the action.
Convention considered the fourplaces designated in ISSUE:* Whether or not the lower court acquired
Article 28 the most convenient forums for the litigation jurisdiction over the defendant and the subject matter
of any claim that may arise between the airline and its of the action
passenger, asdistinguished from all other places.
* Whether or not due process of law was observed
NOTES:WON Warsaw convention applies. Convention
applies to all international transportation of persons RULING:
performed by aircraft for hire. Whether the
transportation is “international” is determined by the On Jurisdiction
contract of the parties, which in the case of passengers The word “jurisdiction” is used in several different,
is the ticket. When the contract of carriage provides for though related, senses since it may have reference (1)
the transportation of the passenger between certain to the authority of the court to entertain a particular
designated terminals “within the territories of two High kind of action or to administer a particular kind of relief,
Contracting Parties,” the provisions of the Convention or it may refer to the power of the court over the
automatically apply and exclusively govern the rights parties, or (2) over the property which is the subject to
and liabilities of the airline and its passenger. the litigation.
9. El Banco Espanol-Filipino vs. Vicente Palanca The sovereign authority which organizes a court
G.R. No. L-11390, March 26, 1918 determines the nature and extent of its powers in
FACTS: Engracio Palanca Tanquinyeng y Limquingco general and thus fixes its competency or jurisdiction
with reference to the actions which it may entertain
mortgaged various parcels of real property in Manila to
El Banco Espanol-Filipino. Afterwards, Engracio returned and the relief it may grant.
to China and there he died on January 29, 1810 without How Jurisdiction is Acquired
returning again to the Philippines. The mortgagor then
instituted foreclosure proceeding but since defendant is Jurisdiction over the person is acquired by the voluntary
a non-resident, it was necessary to give notice by appearance of a party in court and his submission to its
publication. The Clerk of Court was also directed to send authority, or it is acquired by the coercive power of
copy of the summons to the defendant’s last known legal process exerted over the person.
address, which is in Amoy, China. It is not shown
Jurisdiction over the property which is the subject of the
whether the Clerk complied with this requirement.
litigation may result either from a seizure of the
Nevertheless, after publication in a newspaper of the
property under legal process, whereby it is brought into
City of Manila, the cause proceeded and judgment by
the actual custody of the law, or it may result from the the action is quasi in rem; and it should therefore be
institution of legal proceedings wherein, under special considered with reference to the principles governing
provisions of law, the power of the court over the actions in rem.
property is recognized and made effective. In the latter
case the property, though at all times within the 10. Lim vs. insullar collector of customs
potential power of the court, may never be taken into Facts; Victorino Lim Teco was born in Manila
actual custody at all. An illustration of the jurisdiction November 8, 1885, the legitimate son of Apolonio
acquired by actual seizure is found in attachment Lim Teco and Lucia Tiangco. Victorino was sent to
proceedings, where the property is seized at the China at the age of 5 and remained there until he
beginning of the action, or some subsequent stage of its returned to Manila on the steamer Yingchow,
progress, and held to abide the final event of the October 14, 1910, and sought admission as a
litigation. An illustration of what we term potential citizen of the Philippine Islands. Apolonio Lim Teco,
jurisdiction over the res, is found in the proceeding to a Christian Chinese, died in Manila on October 22,
register the title of land under our system for the 1900. His widow Lucia Tiangco is now living in the
registration of land. Here the court, without taking city of Manila. She was born in the Philippine
actual physical control over the property assumes, at Islands of a Chinese mestizo father and mother,
the instance of some person claiming to be owner, to who were likewise born here.
exercise a jurisdiction in rem over the property and to
adjudicate the title in favor of the petitioner against all Petitioner's right to enter the Philippine Islands as a
the world. citizen thereof was passed upon by a board of special
inquiry and the board denied his right to enter upon
In the terminology of American law the action to two grounds: (1) Because his father was a subject of the
foreclose a mortgage is said to be a proceeding quasi in Chinese Emperor on the 11th day of April, 1899, and his
rem, by which is expressed the idea that while it is not nationality followed that of his father; and (2) because
strictly speaking an action in rem yet it partakes of that the fact that he remained in China some five years after
nature and is substantially such. The expression "action reaching his majority shows that he elected the
in rem" is, in its narrow application, used only with nationality of that country and abandoned his right, if
reference to certain proceedings in courts of admiralty he had any, to citizenship here. The Court of First
wherein the property alone is treated as responsible for Instance of Manila, upon Habeas Corpus proceedings,
the claim or obligation upon which the proceedings are ordered the petitioner discharged from custody. From
based. The action quasi rem differs from the true action this order the Collector of Customs appealed.
in rem in the circumstance that in the former an
individual is named as defendant, and the purpose of Issue: won lim is a citizen of the Philippine Islands.
the proceeding is to subject his interest therein to the
Ruling; a child born of alien parents who goes to his
obligation or lien burdening the property. All
father's native land at a tender age and remains there
proceedings having for their sole object the sale or
during minority, on becoming of age should, if he
other disposition of the property of the defendant,
desires to retain his Filipino citizenship, indicate that
whether by attachment, foreclosure, or other form of
desire by exercising his right of election; and a failure to
remedy, are in a general way thus designated. The
express such a desire within a reasonable time should
judgment entered in these proceedings is conclusive
be regarded as a strong presumption of his purpose to
only between the parties.
become definitely identified with the body politic of his
It is true that in proceedings of this character, if the father's country. such election must be made within a
defendant for whom publication is made appears, the reasonable time and is best evidenced by an early
action becomes as to him a personal action and is return to the country of his birth. No such claims have
conducted as such. This, however, does not affect the however, been made in the case at the bar, and the
proposition that where the defendant fails to appear board of special inquiry having found as a fact that the
appellee by his conduct had expatriated himself, we
cannot entertain the idea that the appellee may, after a
residence, under these circumstances, of five years in
his father's native country after attaining majority, now
elect to become a citizen of the Philippine Islands. He
has irrevocably lost that right by his failure to exercise it
within a reasonable time after becoming of age. He is
no longer a citizen of the Philippine Islands.