1. MA. IMELDA M.

MANOTOC, Petitioner,
vs.
HONORABLE COURT OF APPEALS and AGAPITA TRAJANO on behalf of
the Estate of ARCHIMEDES TRAJANO, Respondents.

August 16, 2006

Ponente: Associate JusticePresbitero Velasco

FACTS:
In the case of Trajano vs. Manotoc for wrongful death of the deceased Archimedes
Trajano committed by Military Intelligence under the command of Ma. Imelda M.
Manotoc. Based upon the complaint the Regional Trial Court issued a summons at the
house of Manotoc. The said Mackey dela Cruz (caretaker) received the summons.
Manotoc was declared in default for failure to answer.

ISSUE:
Whether or not the RTC acquire a valid jurisdiction for the service of summons over
the petitioner.

HELD:
The Regional Trial Court did not acquire jurisdiction over the petitioner, because the
substituted service of summons was defective in nature or invalid at the first place.
The main fact that the summons was not sent in the petitioner􏰀s dwelling, The said
caretaker was not a person of suitable age and discretion and was not resided in the
said address. Hence the requisites of substituted summons was not followed, therefore
the RTC did not acquire jurisdiction over the petitioner at the first place.

IN VIEW OF THE FOREGOING, this Petition for Review is hereby GRANTED

and the assailed March 17, 1997 Decision and October 8, 1997 Resolution of the
Court of Appeals and the October 11, 1994 and December 21, 1994 Orders of the
Regional Trial Court, National Capital Judicial Region, Pasig City, Branch 163
are hereby REVERSED and SET ASIDE. No costs.

SO ORDERED.