GR 42137; (August, 1934) (Digest)
G.R. No. 42137 ; August 29, 1934
PEDRO REYES, petitioner, vs. JESUS M. PAZ and THE JUDGE OF COURT OF FIRST INSTANCE OF CAMARINES SUR, respondents.
FACTS
Petitioner Pedro Reyes seeks the annulment of a judgment by default rendered against him in Civil Case No. 5649 by the respondent Judge of the Court of First Instance of Camarines Sur. The judgment ordered Reyes to pay respondent Jesus M. Paz a sum of money. Reyes did not voluntarily appear in that case. The summons was served on June 20, 1932, but the deputy sheriff’s return stated that a copy of the complaint and process was served upon “Chino Yu Chan for the absence of the defendant Chino Pedro Reyes.” Reyes, who was apparently in China at the time, learned of the judgment only around June 23, 1934, and alleges a writ of execution was about to be issued.
ISSUE
Whether the trial court acquired jurisdiction over the defendant, Pedro Reyes, through the service of summons as shown by the sheriff’s return.
RULING
No. The Supreme Court held that the sheriff’s return did not show legal service of summons in compliance with *section 396, paragraph 6, of the Code of Civil Procedure*. The return, which indicated service upon “Chino Yu Chan for the absence of the defendant,” was defective. Consequently, the trial court never acquired jurisdiction over Reyes, rendering the judgment by default void. The judgment is therefore set aside and vacated. The case is ordered remanded for a trial on the merits, provided the court first acquires jurisdiction over the defendant through proper service of summons or his voluntary appearance. Costs are adjudged against respondent Jesus M. Paz.
AI Generated by Armztrong.