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FORTUNATO GOMEZ v. CA

This case has been cited 5 times or more.

	GR No. 156759 2013-06-05	ALLEN A. MACASAET v. FRANCISCO R. CO BERSAMIN, J.
The petition for review lacks merit. Jurisdiction over the person, or jurisdiction in personam the power of the court to render a personal judgment or to subject the parties in a particular action to the judgment and other rulings rendered in the action is an element of due process that is essential in all actions, civil as well as criminal, except in actions in rem or quasi in rem. Jurisdiction over the defendant in an action in rem or quasi in rem is not required, and the court acquires jurisdiction over an action as long as it acquires jurisdiction over the res that is the subject matter of the action. The purpose of summons in such action is not the acquisition of jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process.[12]
	GR No. 177598 2008-10-16	ROBERT SAN PEDRO v. WILLY ONG CHICO-NAZARIO, J.
To provide perspective, it is crucial to determine first whether the action is in personam, in rem, or quasi in rem because the rules on service of summons under Rule 14 of the Revised Rules of Court apply according to the nature of the action.[25]
	GR No. 170281 2008-01-18	REPUBLIC v. GLASGOW CREDIT CORONA, J.
As an action in rem, it is a proceeding against the thing itself instead of against the person.[20] In actions in rem or quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to conferring jurisdiction on the court, provided that the court acquires jurisdiction over the res.[21] Nonetheless, summons must be served upon the defendant in order to satisfy the requirements of due process.[22] For this purpose, service may be made by publication as such mode of service is allowed in actions in rem and quasi in rem.[23]
	GR NO. 163584 2006-12-12	REMELITA M. ROBINSON v. CELITA B. MIRALLES SANDOVAL-GUTIERREZ, J.
Summons is a writ by which the defendant is notified of the action brought against him or her.[3] In a civil action, service of summons is the means by which the court acquires jurisdiction over the person of the defendant.[4] Any judgment without such service, in the absence of a valid waiver, is null and void.[5] Where the action is in personam and the defendant is in the Philippines, the service of summons may be made through personal or substituted service in the manner provided for in Sections 6 and 7, Rule 14 of the 1997 Rules of Procedure, as amended,[6] thus:SEC. 6. Service in person on defendant. Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person, or if he refuses to receive and sign for it, by tendering it to him.
	GR No. 164041 2005-07-29	ROSENDO ALBA v. CA YNARES-SANTIAGO, J.
In an action in personam, jurisdiction over the person of the defendant is necessary for the court to validly try and decide the case. In a proceeding in rem or quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res. Jurisdiction over the res is acquired either (a) by the seizure of the property under legal process, whereby it is brought into actual custody of the law; or (b) as a result of the institution of legal proceedings, in which the power of the court is recognized and made effective.[26] The service of summons or notice to the defendant is not for the purpose of vesting the court with jurisdiction but merely for satisfying the due process requirements.[27]