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T TWO: JURISDICTION PAR D CHOICE OF LAW ‘Chapter IV JURISDICTION he sy of confit linn may mean 6 re tse oop jure. Jude Jui power ahr ef cour oy cay, iain ce tm cordance ih aw Th et ete end wih lealatve jurtaition Which Reet seat proms laws and enforce hon sa nd per a error. Trang fief eve robe, oe ae oa tes ab dre a ho court jure oer seh onan o oar proper Base eetadnto eve the sje mata, uly stred seaman te tt been ought he rope weceTeanchar afr eset, s Sige ante ortecran er which at sei see yc mayo ay tan oer = ‘A. BASIS OF EXERCISE OF JUDICIAL JURISDICTION ‘The bases on which courts may exercise judicial jurisdic tion fall into three groups: (a) jurisdiction over the person whichis based on foram-defendant contacts; (0) juriedction tre the re based on fram poperty enact) ie ‘diction over the subject-matter. ¥ i "See dlacoion of Frum Non Convenionat Ey Jomoeon a In the absence ofa Jurtdictional basis, not try the case. Tn the event onal ‘ot be considered valid, nt nt does, judgment wil 1. JURISDICTION OVER THE PERSON denn oom ing ncn tes ity tay one iam gare was ta 2 re One hn ir tine a pg en ee eto sod caer ene Secs ne ean Scent antes anne oe oan anise sriida weet ees eieuea pirate ceantene Sete re eer sei meer ania sane Oe gees aPC wee niger tated coe ‘Sec. 6. Service in person on defendant —Whenevor practicable, the summons dhl be terved by handing 8 Spy ‘hereof to the defendant in person, ihe reac to reeive and sign fort by tendering ito him See. 7. Subwituted Service If, for justifiable causes, he defendant cannot be served within reonable time provided in the preceding seston, service may beefed () Sy leaving copies ofthe summons atthe defendants dling ‘ouse oe residence with sme person of stable age and die ‘reton then residing therein, () by leaving the eps at de- ‘dant ofce o regular place of buslese with vome compe- ‘ot person in charge tere neo EapatelFlipns v.Palane, 37 Phi 921 (1918). * Carballo. Encarnacion, 92 Phi 974 (1962); Sans v, Mon tena, J 21 SCRA 18 (1989). (Conmucr oF Laws WILLIAM GEMPERLE o, HELEN SCHENKER 19 SCRA 45 (1967) cs bt tag hgh a ed iy fut, Helen Schenker, fed with CFI of Rizal « comps Nie Se Onroad Oo exhesunee Pts Ea se duno threo tek he Pilg Sir Ta Sn Seopa commented Gas preettiog ty eae E See ote pulsed alegeons which aot net Peto cetoor ol ose Slt cy pope Sng ie honesty, itgnty and reputation nto ‘deen um ito Pubic hated, dreds buen ‘Schenker, a Swiss Citizen residing in Switzerland, was served with summons through his legal representative, his Wife, who was recding herein the Philippines.) CONCEPCION, C.J. “It is urged by plaintiff that jurisdiction over the person of Schenker has been secured. through voluntary appearance con his part, he not having made a special appearance to asail ‘the juriadiction over his person, and an answer having been Sled in this case, stating that “the defendants, by counss, anawering the plaintiffs complaint, respectfully aver,” which is allegedly a general appearance amounting to a submission ‘to the jurisdiction of the court, confirmed, according te plaintif by a P225,000 counterdlaim for damages eat up in Said answer, but, this counterclaim was setup by Mr. ‘Schenker alone, not including her husband. Moreover, ssid fanawer contained several affirmative defenses, one of which ‘was lack of jurisdiction over the person of Schenker, thus ‘negating the alleged waiver of this defense. Nevertheless, We hold that the lower court had acquired juriedition over said defendant, through service ofthe summons addressed to hi ‘upon Mrs. Schenker, it appearing from said answer that she fs the representative and attorney-infact of her husband in the aforementioned civil ease No, Q:2796, which apparently was filed at her bebe, in her aforementioned representative apacity. In other words, Mrs. Schenker had authority to su, Jomsoicron| 2 ‘and had actually sved, on behalf of her husband, so that she ‘was, also, empowered to represent him in suite fled against fim, parialary in a ease, ke the one at bar, which is @ ‘Consequence ofthe action brought by heron his behalf Inasmuch as the alleged absence of a cause of action inst Mrs. Schenker ix premised upon the allege lack of Jvediction over the person of Schenker, which cannot be ‘atained, it fellows that the conclusion drawn therefrom is, Tikewise, untenable. ‘Wherefore, the decision appealed from should be, a itis pereby, reversed, and the ease remanded to the lower court for further procoedings, with the costs of this instance against dofendants-appelies..” 2, JURISDICTION OVER THE PROPERTY Jurndition over the property which isthe subject mat- ter ofltigation results either from the seiaure af the property ‘under legal processor from the institution of legal proceed ings wherein the cours power over the property is recognized and made effective’ “This kind of juriediction is referred tons in rom jure tion in eontast to in personam jurisdiction. Where the ation iin rem, the situe could "bind the world” and not just the inerest of specific persone. The besis for the exercise of juradction is he presence of the property within the trrito- ‘al jurisdiction of the forum. Examples are the forfeiture of {anaible property and registration of land tite, ‘Another form of jurisdiction based on the state's physical power over property found within its teretory is quast in rem Jhrediction, but affects only interests of partiular persons in that thing” An example ofthe exereise of quasi in rem juris Aietion iss proceeding 9 quiet tite to property wherein the Forum may ndjudieate that one claimants title to the property in question is superior to others. "Banco EapatoL Filipino v. Planes, 87 Pil. 621 (818, PENNOYER o. NEFF Ma 95 US 714 (1878) ice on Oren aj had won on Oregon sadgnent gait Neff on stormy ne Nett Sea Coie ed eon Cran normuper. Ne” road and it Orage whch Peaseyer aud ware Soni Got in stacon ce {ent Nall then sed Penoyer in eral a Sram to reer the Ind otoning tht heal ek invalid bece the ate curt had mt segue ures owtins FIELD, J: “If, without personal servie judgments in personam ob- tained ex parte against non-residents and absent partie, ‘upon mere publication of process which in the great majority of cases, would never be seen by the parties interested, could be upheld and enforeed, they would be the constant ins. ‘ments of fraud and oppression. Judgments for all sorts of claims upon contracts and for torte, real or pretended, would Ye thus obtained, under which property would be seized, when the evidence of the transactions upon “which they were founded, ifthey ever had any existence, had perished.” Substituted. services. by_publication, or in any other ‘authorized form, may be sufficient.to inform parties of the object of proceedings taken where property is once brought tunder the control ofthe court by seizure or some equivalent ‘ct to any proceedings authorized by law upon euch seizure for its condemnation and sale. Such service may also be sufficient in cases where the object of the action isto resch ‘and dispose of property in the State or of some interest ‘herein, by enforcing. contract ora lien respecting the same, Somsoicno 2s or to partion it among diferent owners; when the public ina party, to condemn and appropriate tor pul purpose Th ther word, euch eervze may ehrver i all actions Which are substantially proceedings in ram. But where the ene thjet ofthe action isto determine the personal ph and ‘igations ofthe defendants, that i, wher te aut & merely {in pertnam, constructive service jn this form pen nok: ‘alent. i inefectual for. any: purpose. Proceas from the tsbunals of oe State canaot run lwo ancter State, and summon parties there domiced to lave its terran and Fesyod tpreceedings against them. Publication ef processor vvithin the Sate where the tribunal sie cannot ees any_grester obligation upon the nonresident to appecr Process went to him out of the State, and process published within are equally unavailing in procedings to establish is personal isi. ‘The want of authority ofthe tribunals of «State toad dicate upon the obligations of nonresidents, where they have ‘property within ta limita ot denied by the ear below, ut the pation is assumed that, where they have property sn he tat ier wer proper the frat instance brought under the control of the cour. tachment or some-cthor-oquvalent-ach_and.aterwards Syed by ss udgment to the stitution of demands against t demands be rt setablisbed in persnal 7. aRecwards incidontal to ils juradietion over the property. It juriadiction {that respect cannot be made to depend upon facts ta be ‘ascertained after it has tried the cause and rendered the Judgment 1f-Uhe judgment be previously” eid, it wil_not cme ral by ibe sutroqvet dacoery of property fie oF by hin subsequent acquisition of i, The jude ‘Gent, if void when rendered, will always remain void. ano occupy the doubifl position of being alii property ‘jot ae-void-if there be-none, Even if the position assumed. were confined to cases where the non-resident defendant ponsesed property is the State at the commence

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