G.R. No. 158407 ; January 17, 2005
FILOMENA DOMAGAS, petitioner, vs. VIVIAN LAYNO JENSEN, respondent.

FACTS

Petitioner Filomena Domagas filed a complaint for forcible entry against respondent Vivian Jensen before the Municipal Trial Court (MTC) of Calasiao, Pangasinan. Domagas alleged she was the registered owner of a parcel of land and that Jensen, by force and stealth, excavated and fenced a portion of it on January 9, 1999. The sheriff attempted to serve the summons and complaint at Jensen’s house in Barangay Buenlag. Finding Jensen absent and reportedly abroad, the sheriff left the documents with her brother, Oscar Layno, who was present at the house. The MTC proceeded to render a judgment by default, ordering Jensen to vacate the disputed area and pay damages.
Jensen later filed a complaint with the Regional Trial Court (RTC) to annul the MTC decision. She contended the MTC never acquired jurisdiction over her person due to invalid service of summons. Jensen asserted she was a resident of Oslo, Norway, at the time, having left the Philippines on February 17, 1999. She presented her passport, a contract of lease showing her house was rented to Eduardo Gonzales since 1997, and affidavits stating that her brother Oscar was merely a visitor and not a resident or authorized agent at the address. The RTC declared the MTC decision null and void, a ruling affirmed by the Court of Appeals.

ISSUE

Whether the MTC acquired jurisdiction over the person of the respondent through the substituted service of summons.

RULING

No, the MTC did not acquire jurisdiction. For substituted service under the Rules of Court to be valid, there must be a showing that: (1) the defendant cannot be served personally within a reasonable time; (2) service is made on a person of suitable age and discretion residing at the defendant’s residence; or (3) on a competent person in charge of the defendant’s office or regular place of business. The Court found the service defective. The respondent, at the time of service, was not a resident of the address where service was attempted; she was domiciled in Norway. The house was occupied by a lessee, not by the respondent or a family member. Her brother, Oscar Layno, was a mere visitor and not a resident of the house, nor was he shown to be an authorized agent to receive court processes. Therefore, the prerequisites for valid substituted service were not complied with. Jurisdiction over the person of the defendant is acquired only upon valid service of summons or voluntary appearance. Since service was invalid, the MTC never acquired jurisdiction over Jensen, rendering its decision null and void. The petition was denied.