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  • Domagas Vs Jensen

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    Shimi Fortuna
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    1) Filomena Domagas filed a forcible entry case against Vivian Jensen before the MTC alleging Jensen took part of her property. The summons and complaint were not personally served on Jensen as she was abroad. 2) For the court to acquire jurisdiction over a defendant, valid service of the summons and complaint is required. Substituted service, leaving documents with a relative, is allowed if the defendant cannot be found. 3) In this case, the court ruled service was not valid as it was not left at Jensen's residence and the person it was left with was just temporarily at the property to collect rent, not a resident. Therefore, the MTC did not have jurisdiction over Jensen

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    1) Filomena Domagas filed a forcible entry case against Vivian Jensen before the MTC alleging Jensen took part of her property. The summons and complaint were not personally served on Jensen as she was abroad. 2) For the court to acquire jurisdiction over a defendant, valid service of the summons and complaint is required. Substituted service, leaving documents with a relative, is allowed if the defendant cannot be found. 3) In this case, the court ruled service was not valid as it was not left at Jensen's residence and the person it was left with was just temporarily at the property to collect rent, not a resident. Therefore, the MTC did not have jurisdiction over Jensen

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    98 views1 page

    Domagas Vs Jensen

    Uploaded by

    Shimi Fortuna
    1) Filomena Domagas filed a forcible entry case against Vivian Jensen before the MTC alleging Jensen took part of her property. The summons and complaint were not personally served on Jensen as she was abroad. 2) For the court to acquire jurisdiction over a defendant, valid service of the summons and complaint is required. Substituted service, leaving documents with a relative, is allowed if the defendant cannot be found. 3) In this case, the court ruled service was not valid as it was not left at Jensen's residence and the person it was left with was just temporarily at the property to collect rent, not a resident. Therefore, the MTC did not have jurisdiction over Jensen

    Copyright:

    © All Rights Reserved
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    of 1

    FILOMENA DOMAGAS vs. VIVIAN LAYNO JENSEN Court.

    If he cannot be personally served with summons


    G.R. No. 158407 | January 17, 2005 within a reasonable time, substituted service may be
    SECOND DIVISION, J. Callejo Sr. made in accordance with Section 8 of said Rule. If he
    Digest by: Shekinah Mae Fortuna is temporarily out of the country, any of the following
    modes of service may be resorted to: (a) substituted
    FACTS service set forth in Section 8; (2) personal service
    Filomena Domagas filed a complaint for forcible entry outside the country, with leave of court; (3) service by
    against Vivian Jensen before the MTC alleging that the publication, also with leave of court; or (4) any other
    respondent by means of force, strategy and stealth, manner the court may deem sufficient.
    gained entry into the petitioner’s property by
    excavating a portion thereof and thereafter Thus, any judgment of the court which has no
    constructing a fence thereon depriving the petitioner of jurisdiction over the person of the defendant is null and
    a 68-square meter portion of her property along the void.
    boundary line.
    In the present case, the records show that Jensen,
    The summons and the complaint were not served on before and after her marriage to Jarl Jensen on August
    Jensen because the latter was apparently out of the 23, 1987, remained a resident of Barangay Buenlag,
    country. The Sheriff left the summons and complaint Calasiao, Pangasinan. Considering that the
    with Oscar Layno (Jensen's brother), who received the respondent was in Oslo, Norway, having left the
    same. Philippines on February 17, 1999, the summons and
    complaint in Civil Case No. 879 may only be validly
    The court rendered judgment against Jensen. She served on her through substituted service under
    failed to appeal the decision. Consequently, a writ of Section 7, Rule 14 of the Rules of Court, which reads:
    execution was issued.
    SEC. 7. Substituted service. — If, for justifiable
    Jensen then filed a complaint against Domagas before causes, the defendant cannot be served within a
    the RTC for the annulment of the decision of the MTC reasonable time as provided in the preceding section,
    on the ground that due to the Sheriff’s failure to serve service may be effected (a) by leaving copies of the
    the complaint and summons on her because she was summons at the defendant’s residence with some
    in Oslo, Norway, the MTC never acquired jurisdiction person of suitable age and discretion then residing
    over her person. Jensen claimed she was a resident of therein, or (b) by leaving the copies at defendant’s
    Oslo, Norway and although she owned the house office or regular place of business with some
    where Oscar Layno received the summons and the competent person in charge thereof.
    complaint, she had then leased it to Eduardo
    Gonzales. She avers further that Oscar Layno was Strict compliance with the mode of service is required
    never authorized to receive the summons and the in order that the court may acquire jurisdiction over the
    complaint for and in her behalf. person of the defendant. The statutory requirement of
    substituted service must be followed faithfully and
    In her answer to the complaint, Domagas alleged that strictly and any substituted service other than that
    Jensen was a resident of Barangay Buenlag, Calasiao, authorized by the statute is rendered ineffective.
    Pangasinan and was the owner of the subject
    premises where Oscar Layno was when the Sheriff Moreover, there is no showing that the house where
    served the summons and complaint; that the service of the Sheriff found Oscar Layno was the latter’s
    the complaint and summons by substituted service on residence or that of Jensen herein. Neither is there any
    Jensen was proper since her brother Oscar Layno, a showing that the Sheriff tried to ascertain where the
    resident and registered voter of Barangay. Buenlag, residence of Jensen was on the said date. It turned out
    Calasiao, Pangasinan, received the complaint and that the occupant of the house was a lessor, Eduardo
    summons for and in her behalf. Gonzales, and that Oscar Layno was in the premises
    only to collect the rentals from him. The service of the
    summons on a person at a place where he was a
    ISSUE: visitor is not considered to have been left at the
    residence or place or abode, where he has another
    Whether or not there was a valid service of the place at which he ordinarily stays and to which he
    summons and complaint on Jensen. intends to return.

    RULING: NO. In sum, then, Jensen was not validly served with
    summons and the complaint in Civil Case No. 879 on
    In Asiavest Limited v. Court of Appeals , the Court had April 5, 1999, by substituted service.
    the occasion to state:

    In an action in personam, jurisdiction over the person


    of the defendant is necessary for the court to validly try
    and decide the case. Jurisdiction over the person of a
    resident defendant who does not voluntarily appear in
    court can be acquired by personal service of summons
    as provided under Section 7, Rule 14 of the Rules of

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