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    Ton Ton Cananea
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    Tujan-Militante appealed a trial court ruling that it had jurisdiction over her in a case filed by Ana Nustad regarding ownership titles. While Tujan-Militante claimed she did not receive a summons, the Supreme Court ruled that by filing motions to dismiss and for reconsideration seeking affirmative relief, she voluntarily submitted to the court's jurisdiction. A party cannot challenge jurisdiction but still seek relief from the court. The filing of motions requesting relief is inconsistent with claiming no voluntary appearance and necessitates submission to the court's authority.

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    Tujan-Militante appealed a trial court ruling that it had jurisdiction over her in a case filed by Ana Nustad regarding ownership titles. While Tujan-Militante claimed she did not receive a summons, the Supreme Court ruled that by filing motions to dismiss and for reconsideration seeking affirmative relief, she voluntarily submitted to the court's jurisdiction. A party cannot challenge jurisdiction but still seek relief from the court. The filing of motions requesting relief is inconsistent with claiming no voluntary appearance and necessitates submission to the court's authority.

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    194 views1 page

    99 Tujan-Militante V Nustad PDF

    Uploaded by

    Ton Ton Cananea
    Tujan-Militante appealed a trial court ruling that it had jurisdiction over her in a case filed by Ana Nustad regarding ownership titles. While Tujan-Militante claimed she did not receive a summons, the Supreme Court ruled that by filing motions to dismiss and for reconsideration seeking affirmative relief, she voluntarily submitted to the court's jurisdiction. A party cannot challenge jurisdiction but still seek relief from the court. The filing of motions requesting relief is inconsistent with claiming no voluntary appearance and necessitates submission to the court's authority.

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    © All Rights Reserved
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    Tujan-Militante v Nustad

    872 SCRA 390 (2017)

    FACTS:
    Herein respondent Ana Nustad, as represented by Atty. Lucila, filed a petition before the RTC Lucena
    City and prayed that Tujan-Militante be ordered to surrender to the Register of Deeds of Lucena City
    the owner's duplicate copy of the Transfer Certificate of Titles which were all issued in Nustad's
    name. She averred that Tujan-Militante has been withholding the said titles.
    The RTC set the petition for a hearing. Instead of filing an Answer, Tujan-Militante filed an Omnibus
    Motion to Dismiss and Annul Proceedings. She averred that the RTC did not acquire jurisdiction
    over her person as she was not able to receive summons. Moreover, she argued that the Order
    appeared to be a decision on the merits, as it already ruled with certainty that she is in possession
    of the subject titles.
    RTC denied petitioner’s motion and ruled that it has jurisdiction over the case. Both the RTC and CA
    denied petitioner’s MR hence this appeal.

    ISSUE: WoN the trial court has jurisdiction over a person who was not able to receive summons

    RULING:
    A trial court acquires jurisdiction over the person of the defendant by service of summons. However,
    it is equally significant that even without valid service of summons, a court may still acquire
    jurisdiction over the person of the defendant, if the latter voluntarily appears before it.
    By seeking affirmative reliefs from the trial court, the petitioner is deemed to have voluntarily
    submitted to the jurisdiction of the court. A party cannot invoke the jurisdiction of the court to
    secure the affirmative relief against his opponent and after obtaining or failing to obtain such relief,
    repudiate or question that same jurisdiction.
    In this case, while Tujan-Militante's motion to dismiss challenged the jurisdiction of the court a
    quo on the ground of improper service of summons, the subsequent filing of a Motion for
    Reconsideration which sought for affirmative reliefs is tantamount to voluntary appearance and
    submission to the authority of such court. Such affirmative relief is inconsistent with the position
    that no voluntary appearance had been made, and to ask for such relief, without the proper
    objection, necessitates submission to the court's jurisdiction.

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