This case has been cited 1 times or more.
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2014-04-07 |
BRION, J. |
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| Furthermore, Ting Guan's failure to raise the alleged lack of jurisdiction over its person in the first motion to dismiss is fatal to its cause. Ting Guan voluntarily appeared before the RTC when it filed a motion to dismiss and a "supplemental motion to dismiss" without raising the RTC's lack of jurisdiction over its person. In Anunciacion v. Bocanegra,[34] we categorically stated that the defendant should raise the affirmative defense of lack of jurisdiction over his person in the very first motion to dismiss. Failure to raise the issue of improper service of summons in the first motion to dismiss is a waiver of this defense and cannot be belatedly raised in succeeding motions and pleadings. | |||||