This case has been cited 4 times or more.
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2015-10-14 |
PEREZ, J. |
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| By the contract between the herein parties, the cause of action accrued at the point when the reasonable time within which to present the title lapsed. The parties did not determine the date when the respondents must present the title and other documents to the petitioner. The parties only agreed that the respondents must present the same within a "reasonable time." Reasonable time means "so much time as is necessary under the circumstances for a reasonably prudent and diligent man to do, conveniently, what the contract or duty requires that should be done, having a regard for the rights and possibility of loss, if any, to the other party."[35] Such reasonable time was determined by the respondents through the letter dated 15 August 1984. The respondents acknowledged their obligation to deliver the title and asked for a new period to do so. It states: The preparation of the advance survey plan, technical description and Engineer's Certificate pursuant to Land Administrative Order No. 10-4 has been submitted to the Regional Land Office, and approved by the Regional Director. | |||||
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2014-03-24 |
REYES, J. |
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| "Jurisdiction over the defendant is acquired either upon a valid service of summons or the defendant's voluntary appearance in court. When the defendant does not voluntarily submit to the court's jurisdiction or when there is no valid service of summons, 'any judgment of the court which has no jurisdiction over the person of the defendant is null and void.'"[51] "The defendant must be properly apprised of a pending action against him and assured of the opportunity to present his defenses to the suit. Proper service of summons is used to protect one's right to due process."[52] | |||||
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2012-09-05 |
REYES, J. |
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| Where the action is in personam[18] and the defendant is in the Philippines, service of summons may be made through personal service, that is, summons shall be served by handing to the defendant in person a copy thereof, or if he refuses to receive and sign for it, by tendering it to him.[19] If the defendant cannot be personally served with summons within a reasonable time, it is then that substituted service may be made.[20] Personal service of summons should and always be the first option, and it is only when the said summons cannot be served within a reasonable time can the process server resort to substituted service.[21] | |||||
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2010-12-01 |
CARPIO, J. |
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| Any judgment of the court which has no jurisdiction over the person of the defendant is null and void.[22] | |||||