GR L 9504; (December, 1914) (Digest)
G.R. No. L-9504, December 5, 1914
JUAN POIZAT, plaintiff-appellee, vs. GEORGE MORGAN and THE NEGROS PHILIPPINE LUMBER CO., defendants. THE NEGROS PHILIPPINE LUMBER CO., appellant.
FACTS:
The Negros Philippine Lumber Co., a foreign corporation doing business in the Philippines, had complied with Section 68 of Act No. 1459 (the Corporation Law) by filing a sworn statement designating a specific agent in the Philippines authorized to accept service of summons and other legal notices. In an action filed by Juan Poizat, the summons was not served upon this designated agent but was instead served upon another person claimed by the appellant to be merely an employee. The appellant moved to set aside the resulting judgment, arguing lack of jurisdiction due to improper service of summons. The Court of First Instance of Manila denied the motion, prompting this appeal.
ISSUE:
Whether service of summons upon a person other than the agent specifically designated by a foreign corporation under the Corporation Law is valid and confers jurisdiction over the corporation.
RULING:
No. The Supreme Court reversed the order of the lower court and set aside the judgment. The Court held that when a foreign corporation has designated an agent for service of summons as required by law, such designation is exclusive. Service must be made upon that designated agent to be effective and to confer jurisdiction over the corporation. Here, since it was undisputed that the corporation had duly designated an agent and that summons was not served upon him, the service was invalid and the court never acquired jurisdiction over the appellant. The judgment was therefore void and subject to being set aside upon proper motion. The provisions of Section 396 of the Code of Civil Procedure (regarding service on a “managing agent”) do not apply when a specific agent has been designated under the Corporation Law.
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