In property disputes involving non-resident defendants, proper service of summons is crucial for due process. The Supreme Court, in Salvador M. Solis vs. Marivic Solis-Laynes, clarifies that while defective extraterritorial service of summons can be cured by a defendant’s voluntary appearance, the defendant must still be afforded the opportunity to be heard. This ruling underscores the importance of balancing jurisdictional requirements with the fundamental right to due process, ensuring fairness and equity in legal proceedings affecting property rights. This means that even if a summons wasn’t properly served, a defendant’s actions in court can correct that, but the court must still allow them to participate in the case.

When Family Feuds Cross Borders: Can a US Resident Claim Inheritance Despite Faulty Summons?

The case revolves around a complaint filed by Salvador M. Solis on behalf of the estate of Spouses Ramon M. Solis, Sr. and Marta M. Solis, against Marivic Solis-Laynes, among others. The dispute concerns a five-hectare fishpond in Romblon, originally owned by the Spouses Solis. After their death, Salvador discovered that the tax declaration (TD) for the fishpond was altered, changing the owner’s name to Ramon M. Solis, Jr., Salvador’s brother. Upon Ramon Jr.’s death, the fishpond was included in his estate and subsequently registered under the name of Marivic, one of his heirs, who was residing in the United States. Alleging fraud, Salvador filed a complaint for quieting of title or reconveyance of property and/or for declaration of nullity of tax declaration, free patent, and original certificate of title.

A key issue arose regarding the service of summons to Marivic, who was residing in the U.S. The Regional Trial Court (RTC) initially ordered service by publication, directing that summons be sent to Marivic’s address in Michigan, U.S.A. However, Salvador erroneously sent the summons to Marivic’s last known address in the Philippines. Consequently, Marivic was declared in default for failing to file an answer. The RTC then rendered a decision nullifying the free patent and original certificate of title in Marivic’s name, and ordering the cancellation of the tax declaration. Marivic filed a Motion for New Trial, arguing fraud and violation of her right to due process, claiming that Salvador knew she had been residing in the U.S. for over 20 years. The RTC denied her motion, prompting Marivic to appeal to the Court of Appeals (CA).

The CA reversed the RTC’s decision, holding that there was no valid service of summons on Marivic. The CA emphasized that since Marivic is a nonresident not found in the Philippines, service of summons should have been done in accordance with Section 15, Rule 14 of the 1997 Rules of Civil Procedure, which requires either personal service, publication with a copy of the summons and order sent by registered mail to the defendant’s last known address, or any other manner the court may deem sufficient. Because Salvador only complied with the publication requirement but failed to mail a copy of the summons to Marivic’s U.S. address, the CA deemed the service defective, setting aside the RTC decision and dismissing the complaint. The central legal question was whether the defective extraterritorial service of summons on Marivic was cured by her subsequent actions before the RTC, specifically her Motion for New Trial.

The Supreme Court (SC) partly granted the petition, affirming the CA’s finding that the extraterritorial service of summons on Marivic was indeed defective. The SC highlighted the importance of proper service of summons, stating that it is a “vital and indispensable ingredient of due process.” The Court cited Section 15, Rule 14 of the 1997 Rules of Civil Procedure, which outlines the modes of extraterritorial service. The Court agreed with the CA’s interpretation that the RTC intended the service to be effected under the second mode, requiring both publication and the mailing of copies of the summons and the complaint to the defendant’s last known address. The SC found that Salvador’s act of sending the summons to Marivic’s Philippine address, despite knowing her U.S. address, belied any claim of good faith.

However, the SC diverged from the CA’s ruling regarding the effect of Marivic’s Motion for New Trial. The SC emphasized that despite the lack of valid service, a court can acquire jurisdiction over the person of the defendant through their voluntary appearance. The Court acknowledged that Marivic’s filing of a Motion for New Trial constituted a voluntary submission to the RTC’s jurisdiction, thus curing the defective service of summons. But that’s not the end of the analysis. The Court reasoned that Marivic’s voluntary submission to the court’s jurisdiction, while curing the defect in the service of summons, did not automatically validate the proceedings that had occurred in her absence. Due process requires not only notice but also an opportunity to be heard.

The Supreme Court cited settled jurisprudence that one who seeks an affirmative relief is deemed to have submitted to the jurisdiction of the court. Filing motions for reconsideration of a default judgment is considered a voluntary submission to the trial court’s jurisdiction, according to United Planters Bank v. Spouses Sy, 850 Phil. 639, 650 (2019). However, the Supreme Court explained that being allowed to defend their interests is equally important in the concept of due process. This aspect of due process was not satisfied or “cured” by Marivic’s voluntary submission to the jurisdiction of the RTC when she was unjustifiably disallowed to participate in the proceedings therein.

The SC recognized that Marivic’s Motion for New Trial was based on the ground of fraud, as she claimed that Salvador deliberately provided an incorrect address, preventing her from knowing about the suit. The Court acknowledged that fraud as a ground for new trial refers to a fraud committed to the unsuccessful party by the opponent preventing the former from fully exhibiting his/her case. Citing Datu v. Datu, G.R. No. 209278, September 15, 2021, the Court mentioned it as such as when the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff. Thus, the SC found that the RTC erred in denying Marivic’s Motion for New Trial and sustaining the order of default against her. Although Marivic had been notified of the case (as a result of her voluntary appearance), she was nonetheless deprived of the opportunity to be heard because of the RTC’s insistence on the validity of the default order.

Given these considerations, the Supreme Court modified the CA’s decision. While affirming the nullification of the RTC’s February 16, 2015 Decision, the SC directed that the complaint be reinstated and remanded to the RTC for trial anew. The Court emphasized the need to allow Marivic to file a responsive pleading and participate in the trial, in the interest of substantial justice. This approach, the SC stated, would prevent multiplicity of suits, expedite the resolution of the issue of ownership over the contested fishpond, and uphold the constitutional guarantee of due process.

FAQs

What was the key issue in this case?	The key issue was whether defective extraterritorial service of summons on a non-resident defendant was cured by her subsequent voluntary appearance and, if so, whether she was still entitled to due process.
What is extraterritorial service of summons?	Extraterritorial service of summons is the method of serving summons on a defendant who resides outside the country, as provided under Section 15, Rule 14 of the Rules of Civil Procedure.
What are the modes of extraterritorial service?	The modes are: (1) personal service outside the country, (2) publication in a newspaper of general circulation with a copy of summons and order sent by registered mail to the defendant’s last known address, or (3) any other means the judge may consider sufficient.
What does “voluntary appearance” mean in this context?	Voluntary appearance means that the defendant takes steps in court that imply submission to the court’s jurisdiction, such as filing a motion for new trial or seeking affirmative relief.
How does voluntary appearance cure defective service of summons?	By voluntarily appearing, the defendant waives any objection to the court’s jurisdiction over their person, as it shows they are aware of the case and are submitting to the court’s authority.
Is notice the only requirement for due process?	No, due process consists of both notice and an opportunity to be heard. Even if a defendant has notice of the case, they must also be allowed to participate and present their side.
What is a Motion for New Trial, and when can it be filed?	A Motion for New Trial is a request to set aside a judgment and retry the case, typically filed when there is fraud, accident, mistake, or excusable negligence that prevented a party from fully presenting their case.
What was the outcome of this Supreme Court decision?	The Supreme Court reinstated the complaint but remanded the case to the RTC for trial, directing the court to allow Marivic to file a responsive pleading and participate in the proceedings.

The Supreme Court’s decision in Solis vs. Solis-Laynes balances the need for proper service of summons with the defendant’s right to due process. By clarifying that voluntary appearance cures defective service but does not negate the right to be heard, the Court ensures fairness in property disputes involving non-resident defendants. This ruling underscores the judiciary’s commitment to upholding constitutional rights while promoting just and equitable outcomes.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: SALVADOR M. SOLIS VS. MARIVIC SOLIS-LAYNES, G.R. No. 235099, March 29, 2023