G.R. No.

130974 August 16, 2006

MA. IMELDA M. MANOTOC, Petitioner,

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

Ponente: PRESBITERO J. VELASCO, JR., Associate Justice

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.