This case has been cited 5 times or more.
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2016-01-13 |
MENDOZA, J. |
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| 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.[23] Jurisdiction over the person of the plaintiff is acquired by the mere filing of the complaint in court. As the initiating party, the plaintiff in a civil action voluntarily submits himself to the jurisdiction of the court. As to the defendant, the court acquires jurisdiction over his person either by the proper service of the summons, or by his voluntary appearance in the action.[24] | |||||
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2014-04-23 |
LEONEN, J. |
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| Jurisdiction over the person is "the power of [a] 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."[79] A court acquires jurisdiction over the person of the plaintiff once he or she files the initiatory pleading.[80] As for the defendant, the court acquires jurisdiction over his or her person either by his or her voluntary appearance in court[81] or a valid service on him or her of summons.[82] | |||||
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2014-04-23 |
LEONEN, J. |
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| Jurisdiction over the person is "the power of [a] 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."[79] A court acquires jurisdiction over the person of the plaintiff once he or she files the initiatory pleading.[80] As for the defendant, the court acquires jurisdiction over his or her person either by his or her voluntary appearance in court[81] or a valid service on him or her of summons.[82] | |||||
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2014-04-23 |
LEONEN, J. |
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| On the other hand, jurisdiction over the person is not necessary for a court to validly try and decide actions in rem.[88] Actions in rem are "directed against the thing or property or status of a person and seek judgments with respect thereto as against the whole world."[89] In actions in rem, the court trying the case must have jurisdiction over the res, or the thing under litigation, to validly try and decide the case. Jurisdiction over the res is acquired either "by the seizure of the property under legal process, whereby it is brought into actual custody of the law; or as a result of the institution of legal proceedings, in which the power of the court is recognized and made effective."[90] In actions in rem, summons must still be served on the defendant but only to satisfy due process requirements.[91] | |||||
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2014-04-23 |
LEONEN, J. |
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| On the other hand, jurisdiction over the person is not necessary for a court to validly try and decide actions in rem.[88] Actions in rem are "directed against the thing or property or status of a person and seek judgments with respect thereto as against the whole world."[89] In actions in rem, the court trying the case must have jurisdiction over the res, or the thing under litigation, to validly try and decide the case. Jurisdiction over the res is acquired either "by the seizure of the property under legal process, whereby it is brought into actual custody of the law; or as a result of the institution of legal proceedings, in which the power of the court is recognized and made effective."[90] In actions in rem, summons must still be served on the defendant but only to satisfy due process requirements.[91] | |||||