Antonio Navale vs Court of Appeals

written by Howard

G.R. No. 109957 – 324 Phil. 70 – 253 SCRA 705 – Remedial Law – Civil Procedure – Service of Summons – Voluntary Appearance

In 1983, Joven Yasay filed an ejection case against Antonio Navale, Eligio Valdehueza, and several others. The Municipal Trial Court in Cities (in Cagayan de Oro) took cognizance of the said case. The court’s sheriff issued summonses to Navale et al however, only Valdehueza personally accepted his summons. Navale and the rest either refused to accept or refused to disclose their identity. The Sheriff was left with no recourse but to leave the summonses in the residences of Navale and the others.

Valdehueza filed an Answer but Navale et al did not hence, Navale et al were declared in default. Yasay eventually won the ejection case.

Navale, through a certiorari petition before the Regional Trial Court, is now contesting the result of the case as he averred that he never received any summons. The RTC dismissed the petition. So did the Court of Appeals.

The RTC and the CA found that as the record showed, Navale et al voluntarily appeared in court hence, whatever defect was there in the service of summons, the same was already cured.

ISSUE: Whether or not there was a proper service of summons.

HELD: Yes. As a rule, the court acquires jurisdiction over the person of the defendant through summons. However, Section 23 of Rule 14 also provides that the defendant’s voluntary appearance in the action shall be equivalent to service. There are four types of voluntary appearance, to wit:

1. filing of the corresponding pleading,

2. filing of a motion for reconsideration of the judgment by default,

3. filing a petition to set aside the judgment of default,

4. when defendant and plaintiff jointly submits a compromise agreement.

In this case, there was a corresponding pleading filed by Navale et al through their co-defendant Valdehueza. The Answer filed by Valdehueza was unqualified. Note that Yasay sued Navale, Valdehueza, and the others altogether. Further, as the records show, when Navale et al failed to appear in court, Yasay filed a contempt case against them. To the contempt charge in the same court, Navale et al filed their Answers – this shows that they voluntarily appeared. The Supreme Court even noted that Navale’s filing of his certiorari petition is also tantamount to voluntary appearance.

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