Practice question
A defendant accepts the court’s personal authority by unreservedly seeking merits relief. It then argues that a defect in the original summons necessarily defeats personal jurisdiction forever, regardless of that subsequent conduct. Which is sound?
- Voluntary submission may independently supply the equivalent of service.
- An initial service defect can never be cured by submission.
- Only a second physical summons can ever establish personal jurisdiction.
- A voluntary appearance is irrelevant after any initial defect.
- The defendant may accept judicial benefits while making its submission legally nonexistent by assertion alone.
Legal references
- Spouses Abayon v. Bank of the Philippine Islands, G.R. No. 249684, March 29, 2023, main decision, unreserved affirmative relief and voluntary submission; no historical motion-to-dismiss mechanics relied on: https://lawphil.net/judjuris/juri2023/mar2023/gr_249684_2023.html
- 2019 Amendments to Civil Procedure, Rules 8, 11, 14 Section 23 and 15, as relevant to each stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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