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    Montalban v. Maximo

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    Reymart-Vin Maguliano
    The Supreme Court upheld the validity of substituted service on a defendant who was temporarily absent from the country. The Court found that summons was properly served by leaving copies with Fr. Arsenio Bautista, a responsible person residing in the same parish church where the defendant resided. As the defendant had left the country temporarily but maintained his residence and affairs in the Philippines, substituted service was effective to allow the court to acquire jurisdiction over him. The Court affirmed the lower court's denial of the defendant's motion to annul the proceedings for improper service of summons.

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    Montalban v. Maximo

    Uploaded by

    Reymart-Vin Maguliano
    284 views1 page
    The Supreme Court upheld the validity of substituted service on a defendant who was temporarily absent from the country. The Court found that summons was properly served by leaving copies with Fr. Arsenio Bautista, a responsible person residing in the same parish church where the defendant resided. As the defendant had left the country temporarily but maintained his residence and affairs in the Philippines, substituted service was effective to allow the court to acquire jurisdiction over him. The Court affirmed the lower court's denial of the defendant's motion to annul the proceedings for improper service of summons.

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    Montalban

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    The Supreme Court upheld the validity of substituted service on a defendant who was temporarily absent from the country. The Court found that summons was properly served by leaving copies with Fr. Arsenio Bautista, a responsible person residing in the same parish church where the defendant resided. As the defendant had left the country temporarily but maintained his residence and affairs in the Philippines, substituted service was effective to allow the court to acquire jurisdiction over him. The Court affirmed the lower court's denial of the defendant's motion to annul the proceedings for improper service of summons.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    284 views1 page

    Montalban v. Maximo

    Uploaded by

    Reymart-Vin Maguliano
    The Supreme Court upheld the validity of substituted service on a defendant who was temporarily absent from the country. The Court found that summons was properly served by leaving copies with Fr. Arsenio Bautista, a responsible person residing in the same parish church where the defendant resided. As the defendant had left the country temporarily but maintained his residence and affairs in the Philippines, substituted service was effective to allow the court to acquire jurisdiction over him. The Court affirmed the lower court's denial of the defendant's motion to annul the proceedings for improper service of summons.

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    © All Rights Reserved
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    of 1

    G.R. No.

    L-22997             March 15, 1968 summons at the defendant's dwelling house or residence with some person of suitable age
    and discretion then residing therein, or (b) by leaving the copies at defendant's office or
    PABLO C. MONTALBAN, ET AL., plaintiffs-appellees,  regular place of business with some competent person in charge thereof.
    vs.
    GERARDO MAXIMO, defendant-appellant. A man temporarily absent from this country leaves a definite place of residence, a dwelling
    where he lives, a local base, so to speak, to which any inquiry about him may be directed
    FACTS: and where he is bound to return. Where one temporarily absents himself, he leaves his
    affairs in the hands of one who may be reasonably expected to act in his place and stead; to
    On August 15, 1958, Montalban, et al. commenced suit against Fr. Gerardo Maximo who, do all that is necessary to protect his interests; and to communicate with him from time to
    according to the complaint, was residing at the parish church at Concepcion, Malabon, time any incident of importance that may affect him or his business or his affairs. It is usual
    Rizal. for such a man to leave at his home or with his business associates information as to where
    he may be contacted in the event a question that affects him crops up. If he does not do
    what is expected of him, and a case comes up in court against him, he cannot in justice
    Summons was served on Maximo at the parish church of Concepcion, Malabon, Rizal, raise his voice and say that he is not subject to the processes of our courts. He cannot stop a
    through Fr. Arsenio Bautista — a priest in the same parish church. suit from being filed against him upon a claim that he cannot be summoned at his dwelling
    house or residence or his office or regular place of business.
    Fr. Arsenio Bautista sent a letter to the Clerk of Court informing him that Maximo left for
    Europe and will be back on the first week of November. Actually, Fr. Maximo returned           As we go back to the case at hand, there is the temporarily absent defendant who was
    from abroad about the second week of October, 1958. a parish priest. Summons upon him was served upon Fr. Bautista who lived in the same
    convent where defendant resided. Fr. Bautista, we must assume, is a responsible person.
    The lower court declared Maximo in default and rendered judgment in favor of Montalban, Service upon him is effective.
    et al.

    Two years and two months after Maximo admittedly learned of the lower court's decision,
    he, by counsel, filed a verified motion in the same case praying for the annulment of the
    entire proceedings on the ground that summons was not duly served upon him as provided
    under Sec. 7, Rule 7 of the Rules of Court. Accordingly, the lower court did not acquire
    jurisdiction over his person and the trial and decision by default are null and void. The
    court denied this motion.

    ISSUE:

    WON summons may be validly effected through substituted service on a person


    temporarily out of the country.

    HELD:

    YES.

    Section 8, Rule 14 says:

    Sec. 8. Substituted service. — If the defendant cannot be served within a reasonable time as
    provided in the preceding section, service may be effected (a) by leaving copies of the

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