Philippine Bar review · Question

Practice question: Voluntary Appearance

Multiple Choice Hard

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?
  1. Voluntary submission may independently supply the equivalent of service.
  2. An initial service defect can never be cured by submission.
  3. Only a second physical summons can ever establish personal jurisdiction.
  4. A voluntary appearance is irrelevant after any initial defect.
  5. 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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