G.R. No. 235099 . March 29, 2023.
SALVADOR M. SOLIS FOR HIMSELF AND ON BEHALF OF THE ESTATE OF THE SPOUSES RAMON M. SOLIS, SR. AND MARTA M. SOLIS, PETITIONERS, VS. MARIVIC SOLIS-LAYNES, AND/OR THE OIC, PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE, ODIONGAN, ROMBLON AND/OR PROVINCIAL ASSESSOR, ROMBLON, ROMBLON AND/OR REGISTER OF DEEDS OF ROMBLON, RESPONDENTS.

FACTS

Petitioner Salvador M. Solis, for himself and on behalf of the estate of his deceased parents, Spouses Ramon M. Solis, Sr. and Marta M. Solis, filed a Complaint for Quieting of Title or Reconveyance of Property and/or For Declaration of Nullity of Tax Declaration, Free Patent and Original Certificate of Title before the Regional Trial Court (RTC) against his niece, respondent Marivic Solis-Laynes (Marivic), and several government offices. The subject property was a five-hectare untitled fishpond in Romblon originally owned by the Spouses Solis. After their death, Salvador discovered the tax declaration for the fishpond had been changed to name his brother, Ramon M. Solis, Jr. Upon Ramon Jr.’s death, the property was included in his estate and a new tax declaration was issued in the names of his heirs, including Marivic. Marivic subsequently obtained a Free Patent and an Original Certificate of Title for the property.
In the complaint, Salvador alleged Marivic’s address was in Poblacion, San Agustin, Romblon, but also noted she and her husband were American citizens. Summons sent to the Philippine address was returned undelivered. The RTC granted Salvador’s motion for leave to serve summons by publication, ordering publication and that a copy be sent to Marivic’s last known address at “4304 Pebble Creek Ct., Saginaw Michigan, U.S.A.” Salvador caused publication of the summons in a newspaper but failed to send a copy to the U.S. address, sending it only to the Philippine address. Marivic did not file an answer and was declared in default. The RTC rendered a decision in favor of Salvador, declaring Marivic’s title and related documents null and void.
Marivic filed a Motion for New Trial, which the RTC denied. On appeal, the Court of Appeals (CA) reversed the RTC, dismissing the complaint. The CA ruled that the service of summons on Marivic, a nonresident not found in the Philippines, was invalid because Salvador failed to comply with the requirement under Section 15, Rule 14 of the Rules of Court to send a copy of the summons and court order by registered mail to her last known address abroad (the U.S. address), despite having complied with the publication requirement.

ISSUE

Whether the Court of Appeals erred in dismissing the complaint on the ground of invalid service of summons.

RULING

No, the Court of Appeals did not err. The Supreme Court denied the petition and affirmed the CA’s decision.
The action filed by Salvador was an action quasi in rem, as it sought to affect Marivic’s title or interest in the specific fishpond property within the Philippines. For such an action against a nonresident defendant not found in the Philippines, service of summons must be made extraterritorially in accordance with Section 15, Rule 14 of the Rules of Court. The RTC order specified service by publication and by sending a copy to the U.S. address. Strict compliance with the rules on extraterritorial service is required. Salvador’s failure to send the summons to Marivic’s last known U.S. address, as directed by the court, was a fatal defect that rendered the service of summons invalid. Consequently, the RTC did not acquire jurisdiction over the person of Marivic.
The Supreme Court rejected the argument that Marivic’s filing of a Motion for New Trial constituted a voluntary appearance that cured the defect in service. A motion for new trial filed under Rule 37 of the Rules of Court, which is a remedy available after a decision is rendered, is not considered a voluntary appearance for the purpose of submitting to the court’s jurisdiction. Such a motion is filed precisely to challenge the judgment, often on jurisdictional grounds like lack of due process, and does not constitute a waiver of the objection to jurisdiction. Since the service of summons was invalid from the outset, the RTC never acquired jurisdiction over Marivic, and the judgment by default was null and void. The CA correctly dismissed the complaint.